Placing a loved one in a nursing home is one of the most difficult decisions you’ll ever make. You trust that the facility will provide the care, dignity, and safety your family member deserves. Unfortunately, that trust is sometimes broken.
If you suspect your loved one is being abused or neglected in a nursing home, you’re not alone—and you have options. Understanding your legal rights is the first step toward protecting your family member and holding the facility accountable.
At Horst Shewmaker, we’ve helped many Georgia families navigate these challenging situations. We know how to protect your rights and will fight for the maximum compensation. This guide will explain the types of nursing home abuse, the warning signs to watch for, and the legal options available to you.
Types of Nursing Home Abuse
Nursing home abuse takes many forms, and recognizing it isn’t always straightforward. Here are the main types you should know about.
Physical Abuse involves any use of force that causes injury or pain. This includes hitting, pushing, and inappropriate use of restraints.
Emotional or Psychological Abuse might not leave visible marks, but it’s just as harmful. Verbal threats, humiliation, yelling, isolation, or ignoring your loved one’s needs all fall into this category.
Sexual Abuse includes any unwanted sexual contact or behavior, from inappropriate touching to assault.
Neglect happens when staff fail to provide adequate care. This might mean not helping residents eat, drink, bathe, or use the bathroom. It can also involve ignoring medical needs or leaving someone in unsafe conditions.
Financial Exploitation happens when nursing home staff or others steal from residents or manipulate them into giving away money or property.
Warning Signs of Nursing Home Neglect and Abuse
Your loved one might not be able to tell you directly about abuse in a nursing home. Here’s what to look for during visits:
Physical red flags include unexplained bruises, burns, cuts, or fractures. Bedsores, poor hygiene, sudden weight loss, or signs of dehydration are also serious concerns.
Behavioral changes can signal emotional abuse or neglect. Has your normally social family member become withdrawn? Do they seem fearful, anxious, or reluctant to talk around staff? These shifts shouldn’t be ignored.
Environmental concerns matter too. Is the facility dirty? Does your loved one’s room smell of urine? Are other residents left calling for help with no response?
Financial warning signs include missing personal items, unexplained withdrawals from bank accounts, or sudden changes to financial documents.
Your Legal Rights in Georgia
The law protects nursing home residents, and facilities have clear obligations to meet.
Rights of Nursing Home Residents
Federal and Georgia state laws guarantee nursing home residents specific rights. Your loved one has the right to be treated with dignity and respect. They have the right to be free from abuse, neglect, and exploitation. They’re entitled to proper medical care and the ability to voice complaints without fear of retaliation.
What Nursing Homes Must Do
Nursing homes owe a duty of care to every resident. They must maintain adequate staffing levels, train employees properly, and create a safe environment. Georgia law requires facilities to report suspected abuse immediately. State agencies oversee these facilities and can impose penalties for violations.
Legal Grounds for a Nursing Home Abuse Case
When a nursing home fails in its duty, several legal claims may apply:
Negligence is the most common type of claim. This means the facility failed to provide the standard of care that a reasonable nursing home would provide under similar circumstances.
Intentional torts involve deliberate harmful actions by staff members, such as assault or battery.
Wrongful death claims can be filed when abuse or neglect leads to a resident’s death.
Regulatory violations happen when facilities break specific nursing home laws and regulations, which can strengthen your case.
Legal Options After Nursing Home Abuse
If your loved one has been abused or neglected, you have several paths forward. Each serves a different purpose, and you may pursue more than one simultaneously.
Filing a Complaint with Regulatory Agencies
The Georgia Department of Community Health licenses and oversees nursing homes. They can investigate and potentially fine or even shut down facilities that violate regulations.
The Georgia Long-Term Care Ombudsman Program is another resource. Ombudsmen advocate for residents’ rights and can help resolve complaints. They serve as a bridge between families and facilities.
While these agencies play an important role in oversight, they have limitations. They may improve conditions, but they typically don’t provide financial compensation for harm already suffered.
Filing a Nursing Home Abuse Lawsuit
A civil lawsuit allows you to seek financial compensation for the harm your loved one experienced. This is often the most effective way to hold a facility accountable and recover damages.
Compensation can include medical expenses (past and future), pain and suffering, and emotional distress. In cases of intentional abuse, courts may award punitive damages to victims.
If your loved one is mentally competent, they can file the lawsuit themselves. If they’re incapacitated, a legal guardian or representative can file on their behalf.
Time limits matter. Georgia has a statute of limitations—a deadline for filing lawsuits. For personal injury claims, you typically have two years from the date of injury. Missing this deadline can mean losing your right to compensation forever, so it’s critical to act quickly.
Filing Criminal Charges After Nursing Home Abuse
In severe cases, nursing home abuse can result in criminal charges against individual staff members or even facility administrators. Criminal cases can lead to jail time and criminal fines.
It’s important to understand that criminal and civil cases serve different purposes. Criminal cases punish wrongdoers, while civil cases compensate victims. You can pursue both simultaneously—one doesn’t prevent the other.
Understanding Arbitration Clauses
Many nursing homes include arbitration clauses in their admission agreements. These clauses require you to resolve disputes through arbitration rather than going to court.
What this means for you: Arbitration is typically a private process with different rules from court cases. It may limit your ability to appeal and can sometimes favor the facility.
Are they enforceable? Not always. Some arbitration clauses can be challenged, especially if they were signed under pressure or if the resident lacked the capacity to understand what they were signing. An experienced attorney can evaluate whether the clause in your case is valid.
Never assume you have no options just because you signed an arbitration agreement.
Steps to Take If You Suspect Nursing Home Abuse
Time is critical when you suspect abuse. Here’s what to do right away:
- Ensure your loved one’s safety. If they’re in immediate danger, you may need to move them to another facility or even to your home temporarily. Their safety comes first.
- Document everything. Take photos of any injuries. Write down everything your loved one tells you, including dates, times, and names of staff members involved. The more detail, the better.
- Report to authorities. Notify the nursing home administrator in writing. Contact the Georgia Department of Community Health and file a complaint. If there’s physical or sexual abuse, call the police immediately.
- Get a medical evaluation. Take your loved one to their doctor or the emergency room. Medical records documenting injuries are crucial evidence.
Preserve Evidence for a Nursing Home Claim
Evidence can disappear quickly in nursing home cases. Facilities might alter records, or staff members might leave.
Keep detailed notes about every interaction with the facility. Write down the names of any witnesses, including other residents, family members, or visitors. Request copies of all medical records, care plans, and incident reports.
Save every email, text message, and letter you exchange with the facility. Even their responses—or lack of responses—can be important.
Contact a Lawyer Early
Many people wait too long to contact a lawyer, thinking they’ll handle things on their own first. But early legal guidance can make a significant difference in your case.
An attorney can advise you on what evidence to gather, how to communicate with the facility, and what agencies to contact. At Horst Shewmaker, we offer free consultations, so there’s no financial risk in getting advice early.
Working with a Personal Injury Attorney
If you decide to pursue legal action, understanding the process can help ease some of the stress. Our personal injury lawyers will start with an initial case evaluation, reviewing the facts, evidence, and potential claims. We’ll help you understand whether you have a strong case.
The investigation phase involves gathering additional evidence, obtaining medical records, interviewing witnesses, and potentially consulting with medical experts who can testify about the standard of care.
A personal injury lawyer will either negotiate a settlement with the facility’s insurance company or file a lawsuit if a fair settlement can’t be reached. Many cases settle before trial, but having an attorney prepared to go to court gives you negotiating power.
Horst Shewmaker Can Help If Your Loved One Was Abused in a Nursing Home
With over 50 years of combined experience, our team at Horst Shewmaker understands the complexities of nursing home abuse cases in Georgia. We know state regulations, facility standards, and what it takes to prove negligence.
We have access to medical experts and investigators who can strengthen your case. We’ve served clients throughout Georgia from our offices in Alpharetta and Augusta, and we’re committed to fighting for the rights of injured and vulnerable seniors.
We work on a contingency basis, which means you don’t pay any upfront costs. We only get paid if we recover compensation for you. Your initial consultation is completely free.
Contact Our Georgia Personal Injury Lawyers Today
Nursing home abuse is never acceptable. Your loved one deserves to live with dignity, safety, and respect. If that’s been taken from them, you have every right to take action.
If you suspect your loved one has been abused or neglected in a Georgia nursing home, contact Horst Shewmaker today for a free, confidential consultation. We’ll listen to your story, explain your options, and help you take the next steps toward justice.
Your loved one trusted the nursing home to care for them. Now it’s time to hold them accountable.
