What Is a Nursing Home Abuse Case?

Is your loved one suffering physical abuse in a nursing home? Physical abuse of nursing home residents is a crime and grounds for a civil lawsuit. Our attorneys fight to hold abusers and negligent facilities 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.

Physical Abuse in Nursing Homes — Georgia & South Carolina Attorneys

When families place a loved one in a nursing home, they trust that the facility will provide a safe, caring environment. Tragically, physical abuse of nursing home residents remains a widespread problem. Studies from the National Center on Elder Abuse indicate that approximately 1 in 10 elderly Americans experience some form of elder abuse, with physical abuse among the most common and harmful types. The consequences range from bruises and broken bones to fatal injuries.

At Roden Law, our nursing home abuse attorneys represent victims and their families throughout Georgia and South Carolina. We investigate incidents of physical abuse, identify every responsible party — from individual staff members to corporate facility owners — and pursue full accountability through the civil justice system.

Recognizing Signs of Physical Abuse

Nursing home residents, particularly those with dementia or cognitive impairments, may be unable to report abuse. Families should watch for these warning signs:

  • Unexplained bruises, welts, or cuts: Especially injuries in various stages of healing or in patterns consistent with grabbing, hitting, or restraint
  • Broken bones or fractures: Particularly in residents who are not prone to falls
  • Head injuries: Unexplained concussions, subdural hematomas, or facial injuries
  • Behavioral changes: Sudden withdrawal, fearfulness, flinching, depression, or refusal to speak in front of staff
  • Overmedication: Using sedatives or antipsychotics as “chemical restraints” to control residents rather than treat documented conditions
  • Staff resistance to visits: Discouraging family visits, limiting access, or ensuring staff are always present during visits

If you observe any of these signs, document them with photographs, ask direct questions, and contact an attorney immediately. You may also report suspected abuse to Georgia’s Division of Aging Services or the South Carolina Department of Health and Human Services.

Georgia and South Carolina Nursing Home Abuse Laws

Both states provide strong legal protections for nursing home residents:

  • Georgia: The O.C.G.A. § 31-8-1 et seq. (Georgia Long-Term Care Facility Licensing Act) establishes licensing standards and a resident bill of rights. Physical abuse violates both state regulations and federal requirements under the Nursing Home Reform Act (OBRA 1987), which guarantees residents the right to be free from abuse, neglect, and involuntary seclusion.
  • South Carolina: The S.C. Code § 43-35-10 et seq. (Omnibus Adult Protection Act) criminalizes abuse, neglect, and exploitation of vulnerable adults and mandates reporting by healthcare professionals.

Physical abuse of a nursing home resident can also be prosecuted as assault, battery, or aggravated assault under general criminal statutes in both states.

Who Is Liable for Nursing Home Physical Abuse?

Our attorneys pursue claims against every responsible party:

  • Individual abusers: The staff member or resident who committed the assault
  • The nursing home facility: Liable for negligent hiring, inadequate supervision, insufficient staffing, and failure to protect residents from known dangers
  • Corporate owners and management companies: Many nursing homes are owned by large corporations that prioritize profits over patient care — cutting staffing levels, reducing training, and ignoring complaints
  • Administrators and directors of nursing: Individuals with supervisory responsibility who failed to act on reports of abuse

Families may also pursue wrongful death claims when physical abuse results in the death of a nursing home resident. Georgia law (O.C.G.A. § 51-4-1 et seq.) and South Carolina law provide wrongful death causes of action for surviving family members.

Damages in Nursing Home Physical Abuse Cases

Victims of nursing home physical abuse may recover compensation for medical expenses for treating injuries, pain and suffering, emotional distress and mental anguish, loss of quality of life, punitive damages (to punish egregious conduct and deter future abuse), and wrongful death damages for surviving family members. Georgia and South Carolina courts have awarded substantial verdicts in nursing home abuse cases, particularly where evidence shows the facility knew of the risk and failed to act.

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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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