Protecting Our Seniors: A Complete Guide to Elder Abuse & Nursing Home Negligence in Georgia

Placing a beloved parent, spouse, or grandparent in a nursing home is one of the most difficult decisions a family can make. It is an act of trust – trust that a facility and its staff will provide the dedicated, compassionate care your loved one deserves in their vulnerable years. When that trust is broken, the sense of betrayal and guilt can be overwhelming.

Sadly, this betrayal happens far too often. According to the National Council on Aging (NCOA), it is estimated that up to 5 million older Americans are abused every year, and the annual loss by victims of financial abuse is estimated to be at least $36.5 billion. Physical abuse includes inflicting or threatening to inflict physical pain or injury on a vulnerable elder. It is a hidden epidemic, thriving in the silence of residents who are too frail, frightened, or ashamed to speak out.

At Geiger Legal Group, we believe that protecting our seniors is a fundamental community obligation. This guide was written for you – the concerned son, daughter, or spouse. It is a comprehensive resource to help you understand the different forms of elder abuse, recognize the subtle warning signs, know your loved one’s rights under Georgia law, and take decisive action to stop the harm and hold the responsible parties accountable.

Elder Abuse and Neglect in Georgia: Defining the Harm and Legal Distinctions

While the terms are often used interchangeably, Georgia law makes a critical distinction between elder abuse and neglect. Understanding this difference is key to identifying and addressing the specific failures at a facility. Under Georgia law, specific code sections such as Code Section 30-5-8 and Code Section 31-8-80 define and mandate the reporting of elder abuse, neglect, and exploitation. Additionally, O.C.G.A. § 16-5-101 criminalizes neglect of a disabled adult or elder person, where a caregiver willfully deprives them of health care, shelter, or necessary sustenance.

Elder Abuse generally refers to an intentional act by a caregiver or another person that causes harm or a serious risk of harm to a vulnerable adult. This involves a willful decision to inflict injury, pain, or distress. Georgia law protects not only residents but any older person, elder person, elderly person, or older adult (typically defined as age 60 or 65+), as well as any at-risk adult, including those with developmental disabilities. Such person may be unable to protect themselves due to mental, physical, or developmental impairments. Nursing homes in Georgia are required to provide residents with adequate and appropriate care, treatment, and services. Examples include:

• Striking, slapping, or pushing a resident, or using physical force that results in bodily harm, physical pain, or physical injury.
• Yelling at, insulting, or threatening a resident.
• Using the silent treatment as a form of emotional or psychological abuse, where a caregiver intentionally ignores or refuses to communicate with the resident to cause distress.
• Illegally using a resident’s funds or property, or abusing a resident’s trust for personal benefit.
• Financial exploitation for another’s profit, such as misuse of power of attorney or guardianship to benefit someone other than the elder.
• Illegal or improper use of a person’s resources, such as unauthorized control or deprivation of an elder’s financial assets or property.
• Any form of non-consensual sexual contact.
• Willful deprivation, such as intentionally withholding food, water, or medical care.
• Unreasonable confinement, such as locking a resident in a room or restricting movement without medical justification.

Nursing Home Neglect, on the other hand, is most often a failure to act. It is the breach of a duty of care, where a caregiver or facility fails to provide the goods or services necessary to avoid physical harm, mental anguish, or illness. Neglect is often not born from malice, but from systemic problems within the facility, such as chronic understaffing, inadequate training, and poor management. Neglect occurs when a facility or caregiver fails to act, including cases of self neglect, where such person is unable to care for themselves. This is the most common form of mistreatment in long-term care facilities. Examples include:

• Failing to provide adequate nutrition and hydration.
• Leaving a resident in soiled clothing or bedding for extended periods.
• Failing to assist with personal hygiene.
• Ignoring call lights or requests for assistance.
• Failing to implement safety protocols, leading to falls.
• Adult abuse resulting from neglect, such as failing to prevent or address medical needs.

While the cause may differ, the result is the same: a vulnerable senior suffers needlessly. Both abuse and neglect are illegal and can be grounds for a civil lawsuit. Georgia law protects both those who are abused and those at risk, ensuring legal recourse and intervention for all vulnerable adults. Nursing homes must ensure that residents are free from actual or threatened physical restraints, isolation, or restrictions on mobility.

Recognizing the Warning Signs: A Checklist for Families

Abusers and neglectful facilities rely on the fact that the signs of mistreatment can be subtle or easily dismissed as symptoms of old age or illness. As a family member, you are the first and most important line of defense for any nursing home resident. Trust your instincts. If something feels wrong, it probably is.

Remember, abuse or neglect can affect any nursing home resident, not just your loved one, and may be perpetrated by staff or other residents. Facilities have a legal duty to protect all residents from harm.

Here are detailed checklists of the common signs of nursing home neglect and abuse.

Signs of Physical Abuse

• Unexplained bruises, welts, cuts, or sores, especially on the wrists or ankles which could indicate restraints.
• Broken bones, sprains, or dislocations without a credible explanation.
• Broken eyeglasses or frames.
• Signs of being restrained, such as rope marks on wrists.
• A caregiver’s refusal to allow you to see the resident alone.

Signs of Emotional or Psychological Abuse

• The resident seems unusually withdrawn, agitated, or emotionally numb.
• They exhibit strange behaviors like rocking, sucking, or mumbling to themselves.
• They express fear or anxiety around a specific caregiver.
• You witness a staff member yelling, belittling, threatening, or ignoring the resident.
• The resident is hesitant to speak openly or seems to be “coached” on what to say.
• Emotional abuse inflicts mental pain, anguish, or distress on an elder through verbal or nonverbal acts.

Signs of Neglect

• Sudden or unexplained weight loss, which can indicate malnutrition or dehydration.
• The development of bedsores (pressure ulcers), which are almost always a sign of inadequate care.
• Poor personal hygiene, including unwashed hair, dirty fingernails, or strong body odor.
• Unsanitary living conditions, such as a dirty room, soiled bedding, or pests.
• Untreated medical conditions or a decline in their overall health.
• Frequent falls, which can point to a lack of supervision or assistance. Learn more about nursing home falls.
• Repeated medication errors, such as missed doses or overdoses.

Signs of Financial Abuse or Exploitation

• Sudden changes in the resident’s will, power of attorney, or other financial documents. Read our guide on Financial Abuse and Power of Attorney. For example, abusing a power of attorney or financial authority to make unauthorized transactions for another’s profit or personal gain. The Uniform Power of Attorney Act requires a power of attorney to use the elder person’s money in ways that benefit the principal, not the agent’s own interests.
• Unexplained withdrawals from bank accounts or large credit card transactions, which may indicate the illegal or improper use of a person’s resources.
• Personal belongings, cash, or checks going missing from their room, or signs of identity theft such as new accounts opened in the resident’s name.
• A new “best friend” or caregiver who suddenly has significant influence over the resident’s finances, possibly misusing a joint account or other access for their own benefit.
• Unpaid bills or eviction notices despite having adequate financial resources, which may signal that someone is exploiting the resident’s assets for another’s profit.

Note: Joint accounts can be risky, as they may be misused for financial exploitation. Consider safer alternatives such as payable-on-death accounts or specific legal arrangements.

Note: Employees of a financial institution are mandated reporters of suspected financial exploitation and must report any suspicious activity to the appropriate authorities.

Signs of Sexual Abuse

• Unexplained genital infections or venereal disease.
• Bruising around the breasts or genital area.
• Stained, bloody, or torn underclothing.
• Difficulty walking or sitting.
• Increased anxiety, panic attacks, or symptoms of PTSD.

For a deeper dive, read our article on the 7 Types of Elder Abuse.

A Proactive Guide for Families: How to Choose a Safe Nursing Home and Prevent Abuse

While knowing the signs of abuse is critical, the ultimate goal is to prevent it from ever happening. The most powerful tool a family has is proactive and vigilant engagement, both before and after a loved one is admitted to a nursing home facility or nursing facility. When evaluating a facility, ensure it has clear policies to protect residents from harm by staff and other residents, as both can be sources of abuse or neglect. Pay close attention to whether staff assist residents with activities of daily living, such as bathing, dressing, and eating – neglect in these areas is a significant red flag. Taking these steps can dramatically reduce the risk of harm and ensure you are placing your loved one in the safest possible environment.

Phase 1: The Research – Vetting a Facility Before You Commit

The process of choosing a nursing home can be overwhelming, but thorough research is non-negotiable. Do not rely solely on a facility’s glossy brochure or a guided tour from the marketing director. You must become an investigator.

• Utilize Medicare’s Care Compare Tool: The U.S. Centers for Medicare & Medicaid Services (CMS) provides a free, powerful online tool called Care Compare. You can search for any certified nursing home and see its overall “star rating” (from 1 to 5 stars). Crucially, you can dig deeper into the data that makes up this rating, including:
  • Health Inspection Results: This section details every citation and deficiency found during the state’s annual inspections. Look for patterns of recurring problems, such as medication errors, safety hazards, or resident rights violations. A facility with a long list of citations is a major red flag.
  • Staffing Data: The tool shows a facility’s self-reported staff-to-resident hours. Compare the facility’s numbers to the state and national averages. Pay close attention to the hours for Registered Nurses (RNs) and Certified Nursing Assistants (CNAs), as they provide the most direct care. Consistently low staffing numbers are a strong predictor of neglect.
  • Quality Measures: This tracks various clinical outcomes, such as the percentage of residents with bedsores, an increase in falls, or those who are receiving antipsychotic medication.
• Check State and Local Records: Contact the Georgia Long-Term Care Ombudsman Program to see if a facility has a high number of unresolved complaints filed against it. A quick online search of the facility’s name along with terms like “lawsuit,” “citation,” or “abuse” can also reveal a history of problems.

Phase 2: The In-Person Inspection – What to Look, Smell, and Listen For

Once you have a shortlist, you must visit the facilities. A surprise visit is often more telling than a scheduled one.

• Visit at Different Times: Do not just visit on a quiet weekday afternoon. Show up during a mealtime to observe how staff assist residents with eating. Visit on a weekend to see if staffing levels drop significantly. The atmosphere during these busy times is far more indicative of the facility’s true nature.
• Trust Your Senses:
• Smell: A well-run facility should smell clean. A strong, persistent odor of urine or feces suggests that incontinent residents are not being attended to promptly.
• Sound: Listen to the interactions. Do you hear warm, respectful conversations between staff and residents? Or do you hear staff yelling down the halls, talking over residents, or alarm bells that ring endlessly without being answered?
• Sight: Look closely at the residents. Do they appear clean and well-groomed? Are they engaged in activities, or are most of them slumped in wheelchairs in front of a television? Look at the staff. Do they make eye contact and smile, or do they seem rushed, stressed, and unhappy? Pay special attention to how medical staff interact with residents – medical staff, including doctors and nurses, play a key role in identifying and reporting elder abuse and neglect. Observe whether medical staff are attentive and approachable, and consider asking them about their responsibilities in reporting suspected abuse.
• Ask Tough, Specific Questions: Do not be afraid to be direct with the facility administrator or Director of Nursing. Their answers – and their willingness to answer – are very revealing.
• “What is your current, specific staff-to-resident ratio for CNAs on the day shift, evening shift, and overnight shift?”
• “What is your annual staff turnover rate for CNAs and nurses?” (A rate over 50% is a major concern).
• “How do you conduct background checks on new employees?”
• “What is your protocol for preventing and responding to resident falls?”
• “Can I see your most recent state inspection report?” (They are required to make this available to you).

Phase 3: After Admission – Staying Vigilant and Involved is the Best Defense

Your job does not end after your loved one moves in. Your continued, active presence is the single greatest deterrent to neglect and abuse.

• Visit Frequently and at Random Times: A regular, predictable visiting schedule allows a facility to prepare for your arrival. By varying your visit days and times – showing up early in the morning one day and late in the evening another – you get a much more accurate picture of the daily reality of care.
• Build Relationships: Get to know the specific CNAs and nurses who care for your loved one on a daily basis. Learn their names. Ask how they are doing. A staff that sees you as an engaged and friendly partner in your loved one’s care is more likely to be attentive. Also, remember that persons living in the same facility, including roommates or former roommates, may be involved in or witness to abuse or neglect. Building rapport with these individuals can help you stay informed about your loved one’s environment.
• Participate in Care Plan Meetings: You have the right to be involved in these crucial meetings where your loved one’s medical care, diet, and daily needs are planned. Be an active participant. Ask questions and ensure the plan is being followed.
• Check the Body and the Room: When you visit, discreetly check your loved one for any unexplained bruises or sores. Check their room for cleanliness and to ensure their personal items are accounted for.
• Document Everything: Keep a small notebook. After each visit, jot down the date, time, and your observations. Note any concerns you have, any staff members you spoke with, and any changes in your loved one’s physical or emotional condition. This contemporaneous record can become invaluable evidence if a problem arises.

While no system is perfect, being a proactive, observant, and consistently engaged family member transforms you from a visitor into an advocate. It sends a clear message to the facility that your loved one is cherished and that their care is being closely monitored, making them a much less likely target for abuse or neglect.

Empowering Families: The Rights of Nursing Home Residents in Georgia

Your loved one does not lose their civil rights when they enter a long-term care facility. Georgia law (O.C.G.A. § 31-8-100 et seq.) provides a specific “Bill of Rights for Residents of Long-Term Care Facilities.” Knowing these rights is crucial for identifying violations. Key rights include:

• The Right to Dignity and Respect: To be treated with consideration, respect, and full recognition of their dignity and individuality.
• The Right to Privacy: This includes privacy for visits with a spouse and the right to confidentiality of their personal and medical records.
• The Right to Be Free from Abuse and Restraints: To be free from mental and physical abuse, and from chemical and physical restraints unless authorized by a physician for a limited period to protect the resident.
• The Right to Manage Their Own Finances: Or to receive a quarterly accounting of their funds if the facility manages them.
• The Right to Information: To be fully informed of their medical condition and to participate in the planning of their care.
• The Right to Voice Grievances: To present grievances and recommend changes in policies and services to the facility’s staff, to government officials, or to the public without fear of restraint, interference, coercion, discrimination, or reprisal.

Facilities that accept Medicare and Medicaid must provide residents with written information on their rights.

When a facility violates these rights, they are breaking the law.

How to Report Elder Abuse in Georgia: A Step-by-Step Guide

If you suspect abuse or neglect, you must act. Taking decisive steps can protect your loved one and other vulnerable residents.

Step 1: Address Immediate Danger. If you believe your loved one is in immediate, life-threatening danger, call 911 without hesitation.

Step 2: Talk to Your Loved One. If possible, speak with your loved one in private. Ask open-ended questions about how they are being treated. Listen carefully and reassure them that you believe them and that it is not their fault.

Step 3: Report to the Facility’s Management. Voice your specific concerns to the nursing supervisor, the Director of Nursing, and the facility administrator. Document everything: who you spoke to, the date and time, and what their response was. A reputable facility will take your concerns seriously and act immediately. A dismissive or defensive response is a major red flag.

Step 4: Report to State Agencies. Whether the facility is responsive or not, you should report your concerns to the official state agencies responsible for oversight. It is important to report all alleged abuse, not just confirmed cases, as state agencies are required to investigate any suspicion or accusation of harm. This creates a formal record and triggers an independent investigation.

• For residents in any long-term care facility (nursing homes, assisted living): Contact the Georgia Long-Term Care Ombudsman Program. Ombudsmen are independent advocates for residents. They investigate complaints, resolve problems, and advocate for improvements in the long-term care system.
• For seniors living at home or in the community: Contact Georgia Adult Protective Services (APS), which is part of the Division of Aging Services.
• You can find the appropriate regional office and contact information for both programs on the official Georgia Division of Aging Services website.

Step 5: Contact an Experienced Attorney. While state agencies investigate, you should consult with a nursing home neglect attorney. An attorney can conduct a separate, private investigation to preserve crucial evidence, hire medical experts to review records, and advise you on your legal options for holding the facility financially accountable for the harm caused.

Behind the Curtain: Why Neglect and Abuse Happen in Long-Term Care Facilities

When families discover a loved one has been neglected, they often ask, “How could this happen? Did we choose the wrong place? Did we miss something?” While it’s natural to feel a sense of guilt, the heartbreaking reality is that neglect is often a predictable outcome of a broken system. The harm your loved one suffered is rarely the result of a single “bad apple” caregiver, but rather the result of systemic, profit-driven decisions made at the corporate level.

Understanding these underlying causes is crucial. It helps families realize they are not to blame and highlights why legal action is often the only way to force meaningful change.

The For-Profit Business Model: Putting Profits Over People

The vast majority of nursing homes in the United States, including many in Georgia, are operated as for-profit businesses. Many are owned by large national chains or private equity firms. While there is nothing inherently wrong with making a profit, in the long-term care industry, the primary source of revenue is fixed (reimbursements from Medicare and Medicaid), meaning the easiest way to increase profit margins is to aggressively cut costs.

These cost-cutting measures almost always directly impact the quality of resident care. They manifest as:

• Dangerously Low Staffing Levels: Labor is the single biggest expense. The clearest path to profit is to operate with the absolute minimum number of nurses and Certified Nursing Assistants (CNAs) legally allowed – and sometimes even fewer.
• Reduced Quality of Supplies: Using cheaper, lower-quality incontinence supplies, wound care dressings, and nutritional supplements.
• Delayed Maintenance and Equipment Repair: Failing to repair broken call light systems, worn-out mattresses that contribute to bedsores, or faulty safety equipment.
• Lack of Investment in Training: Cutting back on essential training programs for staff on topics like dementia care, fall prevention, and proper lifting techniques.

These are not accidental oversights; they are conscious business decisions made in a boardroom, and they have devastating real-world consequences for residents.

The Understaffing Crisis: The Root of Most Neglect

If you remember only one cause of nursing home neglect, it should be this: chronic understaffing. When a facility does not have enough CNAs to properly care for its residents, a chain reaction of failure begins.

• Call Lights Go Unanswered: A resident needing help to the bathroom may wait 20, 30, or even 40 minutes. Fed up, they try to go on their own, and a preventable fall occurs.
• Residents Are Not Turned or Repositioned: Immobile residents must be turned every two hours to prevent bedsores. A single CNA responsible for 15 or 20 residents simply cannot perform this task consistently for everyone. As a result, painful, life-threatening pressure ulcers develop.
• Residents Become Malnourished: Staff are too rushed to sit with residents who need assistance eating or to monitor their actual food and water intake.
• Hygiene Suffers: Residents are left in soiled diapers for hours, leading to skin breakdown, infections, and a loss of dignity.

An overworked, overwhelmed, and stressed-out staff cannot provide safe care, no matter how good their intentions are. We investigate staffing records to prove that a facility was operating below safe levels, making incidents of neglect not just possible, but inevitable.

Inadequate Training and High Employee Turnover

The long-term care industry is plagued by astonishingly high rates of employee turnover, often exceeding 100% annually at some facilities. Low wages, physically demanding work, and the emotional stress of caring for a large number of needy residents lead to burnout.

This constant churn means that at any given time, a significant portion of the staff is new, inexperienced, and inadequately trained. They may not know how to operate a mechanical lift safely, recognize the early signs of a stroke, or properly implement a resident’s specific care plan. This lack of continuity and expertise is a direct threat to resident safety.

Complex Corporate Structures and Lack of Accountability

Large nursing home chains often use complex corporate structures to shield themselves from liability. The parent corporation may create a separate Limited Liability Company (LLC) for each nursing home it owns. This is done so that if a lawsuit is filed against one facility for catastrophic neglect, the parent company can claim that its own massive assets are not at risk, only the limited assets of that single LLC.

An experienced nursing home neglect attorney knows how to fight these corporate shell games. We work to “pierce the corporate veil,” proving that the dangerous policies – like understaffing – were created and enforced by the parent corporation, making them directly liable for the harm their business practices caused.

The Legal Battle: Navigating a Georgia Nursing Home Abuse Lawsuit

While reporting abuse to state agencies is a critical step to protect a resident, it often does little to address the profound harm that has already been done. State investigations may result in fines for the facility, but they do not provide direct compensation to the victims for their medical bills, pain, and suffering. For that, families must turn to the civil justice system.

Filing a lawsuit against a nursing home can feel like a daunting prospect, especially when you are already dealing with the emotional trauma of the situation. However, understanding the legal journey can empower you and provide a clear sense of purpose. A lawsuit is not just about money; it is about accountability. It is the most powerful tool citizens have to force negligent corporations to change their dangerous practices and ensure no other family has to endure what yours has.

This section provides a roadmap of the legal process, explaining each step from the initial consultation to a potential courtroom trial.

Step 1: Choosing Your Advocate and Launching the Investigation

The first and most important step is selecting the right law firm. You need a firm that specializes specifically in nursing home abuse and neglect cases. These are not simple personal injury claims; they are complex cases that require deep knowledge of state and federal regulations, medicine, and corporate litigation.

At your initial consultation, which should always be free, the attorneys will listen to your story and evaluate the merits of your case. If you decide to move forward, you will typically sign a contingency fee agreement. This means you pay no upfront costs or hourly fees. The law firm advances all the costs of the lawsuit – which can be substantial, often exceeding $100,000 in complex cases – and is only paid a percentage of the final settlement or verdict if they win. If they do not win, you owe them nothing. This arrangement allows every family to afford expert legal representation.

Once you have hired your legal team, the investigation begins immediately:

• Spoliation Letters: We immediately send legal notices to the nursing home and its parent corporation demanding they preserve all evidence related to your loved one, including all medical records, staff schedules, internal incident reports, video footage, and maintenance logs. This prevents them from legally destroying evidence that could be crucial to your case.
• Evidence Gathering: We obtain a complete copy of the resident’s chart from the nursing home, as well as records from any hospitalizations. We also pull public records on the facility, including past inspection reports and citation histories.
• Hiring Initial Experts: We retain a qualified nursing expert to perform an initial review of the records to identify the specific breaches in the standard of care that led to the injury.

Step 2: Filing the Lawsuit – The Official Start of the Case

If our initial investigation confirms that neglect or abuse caused the injury, we will draft and file a Complaint in the appropriate Georgia court. The Complaint is the formal document that initiates the lawsuit. It names the parties being sued (the Defendants – often including the local facility, its management company, and its national parent corporation) and the party suing (the Plaintiff – the resident or their family/estate). The Complaint lays out:

• The basic facts of the case.
• The legal causes of action, such as Negligence, Medical Malpractice, and Breach of Contract.
• A demand for a jury trial and a request for damages.

Once filed, a copy of the Complaint and a Summons (an official notice of the lawsuit) is legally delivered, or “served,” to each defendant. They then have a specific amount of time (usually 30 days) to file a formal Answer to our allegations.

Step 3: The Discovery Phase – Uncovering the Truth Under Oath

Discovery is the heart of the lawsuit. It is the lengthy process where both sides exchange information and evidence, and it is where the battle is often won or won. The goal is to uncover all the facts and leave no stone unturned. The main tools are:

• Written Discovery: This includes Interrogatories (written questions the defendants must answer under oath) and Requests for Production of Documents. We use these to demand internal documents the facility would never voluntarily release, such as:
  • Staffing schedules and payroll records to prove understaffing.
  • Internal policies and procedures.
  • The complete personnel files of the caregivers involved, including their training records and any disciplinary history.
  • All internal incident reports related to the injury.
• Depositions: This is the most powerful discovery tool. A deposition is a formal question-and-answer session where we question key individuals under oath, with a court reporter transcribing every word. We will depose the CNAs who cared for your loved one, the nurses, the Director of Nursing, and the facility Administrator. Depositions allow us to lock down testimony, expose contradictions between what the staff says and what the records show, and gain critical admissions of failure. We will also defend your deposition, preparing you for the questions the defense lawyers will ask and protecting you throughout the process.

Step 4: Mediation – The Formal Push for Settlement

After the discovery phase is largely complete, the court will almost always order the parties to attend mediation. This is a confidential, formal settlement conference overseen by a neutral, third-party mediator (often a retired judge or experienced attorney).

Before the mediation, we will prepare a detailed “mediation statement” that summarizes our case, highlighting the strongest evidence of neglect, detailing the severity of the injuries, and presenting reports from our expert witnesses that calculate the full extent of the damages.

During the mediation, both sides present their arguments, and the mediator goes back and forth between the parties, working to facilitate a compromise and reach a settlement. Because of the extensive preparation during discovery, we are able to negotiate from a position of maximum strength. The vast majority of nursing home cases are resolved at this stage.

Step 5: Trial – The Final Resort for Justice

If the nursing home and its insurance company refuse to offer a fair and just settlement at mediation, we will not hesitate to take your case to trial. While the prospect of a trial can be intimidating, our legal team will handle every aspect and prepare you thoroughly. A trial involves:

• Jury Selection: Choosing impartial members of the community to hear the case.
• Opening Statements: Presenting a roadmap of what we intend to prove.
• Presenting Evidence: Calling our witnesses (family members, medical experts, nursing experts) to testify and presenting key documents and video evidence.
• Cross-Examination: Questioning the defense’s witnesses to expose weaknesses in their case.
• Closing Arguments: Summarizing all the evidence and making a final, persuasive argument to the jury.
• Jury Deliberation and Verdict: The jury deliberates in private and then returns a verdict, deciding if the facility was negligent and, if so, the amount of damages to award.

While most cases settle, our willingness and proven ability to go to trial are what give us the leverage necessary to secure fair settlements for our clients throughout the process. An experienced legal team guides you through every step of this journey, ensuring you are protected, informed, and empowered.

You Are Not Alone. We Can Help.

Discovering that a loved one has been a victim of abuse or neglect is a profoundly painful experience. It is easy to feel overwhelmed and unsure of where to turn. Please know that you are not alone, and you do not have to fight this battle by yourself. The Georgia Senior Legal Aid provides telephone legal assistance for Georgians aged 60 and older, offering a valuable resource for families seeking guidance and support.

At Geiger Legal Group, we consider it our solemn responsibility to be a voice for the voiceless and a shield for the vulnerable. We have the resources, the legal knowledge, and the unwavering commitment to stand up to large nursing home corporations and demand justice for the seniors they have harmed.

If you suspect your loved one is a victim of abuse or neglect in a Georgia facility, please do not hesitate. Contact our Canton, Dalton, or other Georgia offices today for a free, completely confidential consultation. Let us help you protect the ones you love.

Frequently Asked Questions About Elder Abuse Cases

Support and Resources for Families and Residents

When facing the devastating reality of elder abuse, nursing home abuse, or abuse neglect and exploitation, knowing where to turn for help can make all the difference. In Georgia, a robust network of support and resources exists to protect the well-being of older adults, disabled adults, and other vulnerable adults living in nursing homes, long term care facilities, or community living arrangements.

Adult Protective Services (APS) is a cornerstone of this safety net. APS investigates reports of suspected abuse, neglect, or exploitation and works to provide essential services and protective interventions for at-risk adults. If you suspect abuse – whether it’s physical abuse, sexual abuse, emotional abuse, financial abuse, or neglect – reporting abuse to APS or your local authorities is not just encouraged, it is required by Georgia law. Mandatory reporting helps ensure that victims receive immediate protection and that those responsible are held accountable. APS must conduct a prompt, thorough investigation upon receiving a report of suspected elder abuse.

Legal assistance is another critical resource for families and residents. Attorneys specializing in elder law can help secure protective orders, pursue financial recovery in cases of financial exploitation, and guide families through the process of criminal prosecution or civil litigation. Legal professionals can also help you understand your rights under Georgia law, review medical records, and advocate for the highest standard of care in nursing homes and long term care facilities. The Elderly Legal Assistance Program (ELAP) provides legal assistance for civil matters for people 60 years of age and older in Georgia.

For disabled adults and other vulnerable adults, access to essential services – including medical care, mental health support, and physical therapy – is vital for maintaining health and dignity. Community health organizations and local support groups offer counseling, practical assistance, and guidance for navigating the complex world of nursing homes, nursing facilities, and community health resources.

Preventing financial exploitation requires vigilance. Family members and caregivers should regularly monitor bank accounts, joint accounts, and financial transactions for any signs of unauthorized activity. Be alert for undue influence, false representation, or attempts by others to gain access to a person’s resources or property belonging to the elder or disabled adult. If you notice sudden changes in financial documents, missing personal property, or unexplained withdrawals, these may be possible signs of financial abuse and should be reported immediately.

Emotional or psychological abuse can be just as damaging as physical harm. Support groups and counseling services can provide much-needed emotional support and help families and residents cope with the mental anguish that often accompanies abuse, neglect, or exploitation.

Remember, nursing home residents and older adults have the right to quality care, respect, and a safe environment. Nursing home facilities have a legal duty to provide essential services and protect residents from harm. If you suspect abuse or neglect in a nursing home or long term care facility, do not hesitate to report suspected abuse and seek legal assistance to ensure the victim’s rights and well-being are protected.

In summary, support and resources are available for families and residents dealing with elder abuse, nursing home abuse, or abuse neglect and exploitation. By staying informed, watching for possible signs of abuse or neglect, reporting abuse promptly, and seeking legal and community support, we can work together to safeguard the dignity, safety, and well-being of vulnerable adults and older adults in our community.

Understanding Vulnerable Adults: Who Needs Protection in Georgia?

In Georgia, the term “vulnerable adults” encompasses a broad group of individuals who may be at heightened risk for elder abuse, physical abuse, emotional abuse, sexual abuse, or financial exploitation. According to Georgia law, this includes not only elder persons aged 60 or older, but also disabled adults between the ages of 18 and 59 who, due to physical or mental limitations, are unable to protect their own interests or obtain essential services necessary for their well-being.

Vulnerable adults may face challenges in accessing medical care, maintaining personal safety, or managing their financial resources. This makes them particularly susceptible to abuse, neglect, and exploitation – whether in a nursing home, long term care facility, or community living arrangement. Family members, caregivers, and community members play a vital role in safeguarding these individuals by staying alert to possible signs of harm and taking action when needed.

Liability and Compensation: What Families Need to Know

When a loved one suffers from nursing home abuse, neglect, or exploitation, families often wonder what legal recourse is available and how they can secure justice and compensation. Under Georgia law, nursing homes and long term care facilities have a clear legal duty to provide a safe environment and meet the essential needs of their residents. If a facility fails in this duty – resulting in physical injury, emotional distress, or financial loss – they can be held legally liable.

About the Author: Geiger Legal Group, LLC

In 1981, attorney J. Christopher Geiger began practicing law in Canton, GA, determined to provide personalized legal service to the people of Cherokee County. His son Casey followed in his footsteps, first practicing law in Colorado before joining his father in 2017 to form the Geiger Legal Group, LLC. Together, the father and son team have built a law firm that revolves around clients, not cases.