What Is a Nursing Home Abuse Case?

Sexual abuse of nursing home residents is a horrific crime that demands justice. Our attorneys represent victims and families with compassion and determination, holding abusers and negligent facilities fully accountable.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Key Takeaways

If you were injured in a nursing home abuse in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-530). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

Sexual Abuse of Elderly Residents — Georgia & South Carolina Attorneys

Sexual abuse of elderly nursing home residents is among the most underreported and devastating forms of elder abuse. Residents with dementia, physical disabilities, or cognitive impairments are especially vulnerable because they may be unable to resist, communicate what happened, or be believed when they report it. Research published by the National Center on Elder Abuse indicates that sexual abuse accounts for a significant portion of substantiated nursing home abuse cases, yet experts believe the vast majority of incidents go unreported.

At Roden Law, our attorneys handle these cases with the sensitivity they demand and the aggressive legal representation victims deserve. We represent nursing home sexual abuse victims and their families throughout Georgia and South Carolina, pursuing both civil accountability and criminal prosecution.

Forms of Sexual Abuse in Nursing Homes

Sexual abuse of nursing home residents can involve staff members, other residents, or outside individuals who gain access to the facility. It includes:

  • Non-consensual sexual contact: Any sexual touching without the resident’s informed consent, including touching of intimate body parts during care that exceeds legitimate medical purposes
  • Sexual assault and rape: Forced sexual acts against residents who are physically unable to resist or cognitively unable to consent
  • Sexual exploitation: Photographing residents in states of undress, exposing residents, or forcing residents to witness sexual acts
  • Resident-on-resident sexual abuse: Failure to protect vulnerable residents from sexually aggressive residents, particularly those with behavioral conditions

Warning Signs of Sexual Abuse in Nursing Homes

Because victims often cannot report the abuse themselves, families should be alert to these warning signs:

  • Unexplained bruising around the breasts, genitals, inner thighs, or buttocks
  • Unexplained sexually transmitted infections or urinary tract infections
  • Torn, stained, or bloody undergarments or bedding
  • Sudden behavioral changes — withdrawal, agitation, fearfulness, especially around specific staff members
  • Difficulty sitting or walking without prior mobility issues
  • Reluctance to be undressed for bathing or medical examinations

Legal Protections for Nursing Home Residents

Both states impose criminal penalties and civil liability for sexual abuse of elderly or vulnerable adults:

  • Georgia: O.C.G.A. § 16-5-100 (Abuse of a Disabled Adult or Elder Person) makes physical and sexual abuse of persons 65 or older a felony punishable by up to 20 years. Additionally, O.C.G.A. § 31-8-1 et seq. provides a regulatory framework for nursing home accountability.
  • South Carolina: S.C. Code § 43-35-10 et seq. (Omnibus Adult Protection Act) criminalizes abuse of vulnerable adults and mandates reporting by facility staff. Sexual abuse of a vulnerable adult is a felony with significant prison sentences.

Nursing homes that fail to perform adequate background checks, maintain proper supervision, or respond to reports of abuse face direct civil liability. The federal Nursing Home Reform Act requires facilities to ensure residents are free from abuse and to investigate and report all allegations.

Pursuing Justice for Sexual Abuse Victims

Our attorneys pursue civil claims for the full scope of damages, including medical treatment, psychological counseling, pain and suffering, emotional distress, and punitive damages. We also coordinate with law enforcement to ensure criminal prosecution of abusers. When sexual abuse results in the death of a resident, wrongful death claims are available to surviving family members. Physical abuse often accompanies sexual abuse, and our investigation covers all forms of harm.

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What to Do After Nursing Home Abuse

  1. Make sure the resident is safe, then get an independent medical evaluation. Call 911 if anyone is in immediate danger. Where you can, have the resident examined by a provider who is not employed by the facility — an outside record of the injury is far harder to dispute later.
  2. Photograph everything today, and keep photographing. Injuries, bruising, pressure sores, bedding, the room, and where the call button actually sits. Date every photo. Wounds heal or worsen and conditions get quietly corrected long before anyone investigates.
  3. Report it to the facility in writing and ask for the incident report. A verbal complaint to a nurse or aide leaves no trace. Put it in writing, keep a copy, note who you gave it to and when, and request the facility's own incident report.
  4. Report it to the state as well. In Georgia, the Healthcare Facility Regulation Division of the Department of Community Health licenses and investigates long-term care facilities; in South Carolina, the state agency that licenses the facility does. Either state can also be reached through the Long-Term Care Ombudsman and Adult Protective Services. Reports may be made anonymously, and a state investigation creates a record independent of the facility.
  5. Request the complete records in writing. Not just the chart — medication administration records, care plans, fall and wound assessments, and staffing schedules. Staffing levels are frequently where these cases are won, and those records are retained the shortest.
  6. Do not sign anything the facility puts in front of you. Admission packets routinely contain arbitration agreements that give up the right to a jury trial, and paperwork offered after an incident can release the claim entirely. Have anything you are asked to sign reviewed first.
  7. Talk to an attorney before the trail goes cold. Georgia requires an expert affidavit filed with the complaint in a professional negligence case (O.C.G.A. § 9-11-9.1), and South Carolina requires a Notice of Intent to File Suit with an expert affidavit before suit (S.C. Code § 15-79-125). Both take time to prepare, and both run against a deadline. Roden Law offers free consultations.

The Rules That Apply

  • In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33).
  • In South Carolina, you have 3 years (S.C. Code § 15-3-530).
  • Georgia — Modified Comparative Fault: You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.
  • South Carolina — Modified Comparative Fault: You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

How negligence, compensation, deadlines and fault work: Nursing Home Abuse Lawyers →

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Recent Case Results

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

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