It can be deeply unsettling to suspect a loved one in a nursing home is being mistreated, and it can be difficult to know what your next steps are. If you suspect elder abuse, you want to protect your loved one, preserve evidence, and ensure the proper authorities and legal advocates become involved.
Let’s go over the steps you should take immediately.
1. Confirm Abuse or Neglect
Before you report anything, you’ll want to observe and document what’s happening so that you can be confident in your report. In a nursing home setting, elder abuse may include:
Physical abuse or improper restraint:
- Unexplained bruises
- Fractures
- Broken bones
- Signs of rough handling
Neglect:
- Bed sores
- Dehydration or malnutrition
- Unsanitary living conditions
- Frequent infections
- Lack of required care
Emotional or psychological abuse:
- Isolation
- Sudden fear of staff or caregivers
- Sudden withdrawal from friends and family
- Unusual behavioral changes
Financial exploitation:
- Unauthorized access to the resident’s funds or property
- Sudden changes in power of attorney
Sexual abuse:
- Injuries in the genital area
- Signs of non-consensual sexual contact
These examples are not exhaustive, but recognizing them helps you understand when to act.
2. Make Immediate Safety Your First Priority
If your loved one is in immediate danger, meaning they have very recently suffered a serious physical injury, have been assaulted, or are currently suffering from neglect, call 911 or local law enforcement right away.
Also, talk to your attorney about whether you should contact the nursing‐home administrator. In some cases, it may be beneficial to ask the facility to take immediate protective action, as it could help preserve evidence, stop further harm, and usher in the right agency response. But, in cases where it seems that admin would attempt to deny their shortcomings or conceal evidence of wrongdoing, it may be better to not contact them—at least not at this stage.
3. Document What You Can
Gather or document any available evidence, such as:
- Date(s), time(s), and location(s) of incidents
- Name of the resident, nursing-home facility, unit, and staff members involved, if known
- Description of what you observed, which can include injuries, conditions, statements by the resident or staff, or other concerning evidence
Pro tip: Take photographs of visible injuries, states of neglect, poor living conditions, and other evidence (without violating the privacy of other residents). Photographs can be crucial pieces of evidence in your elder abuse case.
Also, keep copies of records, such as incident reports, medical evaluations, and staff communications.
The more accurate and thorough your account, the stronger your report will be.
4. Report to the Appropriate State Agencies
In Georgia, reporting channels depend on whether abuse is in a licensed nursing home or long-term care facility, or if it occurs elsewhere. Here’s how it works:
If abuse occurs inside a licensed nursing home or skilled nursing facility, contact the Georgia Department of Community Health (DCH) Healthcare Facility Regulation Division.
- Website: https://dch.georgia.gov/divisionsoffices/hfrd
- Phone: (404) 656-4507
For vulnerable adults not in a facility, you should call the Georgia Department of Human Services, Division of Aging Services—Adult Protective Services (APS).
- Website: https://aging.georgia.gov/report-elder-abuse-neglect-or-exploitation/adult-protective-services-aps
- Phone: 1-866-55AGING (1-866-552-4464)
Should you file your report, be sure to ask for the case number or reference number and keep a copy for your records. Additionally, don’t hesitate to follow up if you don’t hear back.
5. Notify the Nursing Home Administrator
After documenting and filing with the state, you should also notify the nursing home’s administrator or director of nursing about the abuse. Leadership has a duty to investigate internally and take corrective steps if abusive activity is discovered. Keep records of your communication, including who you spoke with, when you spoke, what was said, etc. However, do not rely solely on internal reporting, because internal documentation does not replace a formal state‐investigation request.
6. Turn to an Expert Elder Abuse Attorney
Reporting to the state and facility is vital, but it may not be enough to secure full justice for your loved one. That’s where partnering with an experienced attorney becomes crucial. At Clark, Smith & Sizemore, our elder abuse lawyers fiercely advocate for nursing home abuse victims throughout Middle Georgia and beyond.
When you partner with us, you can expect:
Thorough Case Review
We review your documentation and evidence, state-agency actions, facility records, and whatever else applies to your case. We will also identify potential civil claims for things like medical costs, pain and suffering, or wrongful death.
Legal Action
We will initiate legal action against the nursing home, its operators, or its staff, because civil liability often exists when a facility fails in its duty of care.
Clear Guidance
We guide families through the legal process, ensuring deadlines are met, gathering expert witness testimony, protecting the resident’s rights, and seeking meaningful compensation.
Coordination With Other Entities
We coordinate with state investigators and law enforcement officers where abuse crosses into criminal wrongdoing.
7. Follow Up and Continue Monitoring
After you submit your report and contact Clark, Smith & Sizemore, be sure to take these additional steps:
- Track whether the state agency assigns an investigator and the status of the case.
- Make sure your loved one is moved safely, if needed, and receives an independent medical evaluation.
- Ensure that your case records are preserved.
- Stay engaged with facility management, staff, and your attorney.
- Keep supporting your loved one emotionally and physically, as abuse can cause trauma, fear, or withdrawal—your caring presence matters in their recovery.
8. Know Your Loved One’s Rights
Under Georgia law, residents in nursing homes have protected rights, including freedom from abuse and neglect, the right to be treated with dignity, and the right to be informed and make decisions (or have decisions made on their behalf and in their best interest by a trusted agent if they are not able to make those decisions themselves).
Understanding those rights underpins any legal claim and empowers families like yours to best care for your loved one in a facility like a nursing home.
If you suspect elder abuse in your loved one’s nursing home, act now by seeking legal help from Clark, Smith & Sizemore.
Our elder abuse attorneys understand how traumatic this kind of situation is, and we stand ready to guide families in Macon, Middle Georgia, and across the state. Our goal is to protect your loved one, hold the responsible parties accountable, and help you secure justice and peace of mind.
If you’d like a free, confidential consultation, please contact us. You don’t have to go through this alone: 478-254-5040.
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