Assisted Living Facility Abuse Lawyers in Georgia & South Carolina
Assisted living facilities (ALFs) provide housing, meals, and personal care services to seniors who need help with daily activities but do not require the skilled nursing care provided in nursing homes. The National Center for Assisted Living reports that over 800,000 Americans live in assisted living facilities nationwide. While these facilities offer residents more independence than nursing homes, they also have fewer regulatory requirements, less staff oversight, and weaker enforcement — creating an environment where abuse and neglect can flourish.
At Roden Law, our attorneys represent assisted living residents and their families throughout Georgia and South Carolina. We understand the unique regulatory framework governing ALFs and pursue aggressive claims against facilities that fail in their duty of care.
How Assisted Living Differs from Nursing Homes
Understanding the regulatory distinction is critical in abuse and neglect cases:
- Nursing homes are federally regulated under the Nursing Home Reform Act, participate in Medicare/Medicaid, and must meet strict staffing, care, and inspection requirements
- Assisted living facilities are regulated primarily at the state level, are not subject to federal nursing home regulations, and generally have lower staffing requirements and less frequent inspections
This regulatory gap means assisted living residents may face heightened risks, particularly as the acuity level of ALF residents has increased over the years — many residents who would previously have been in nursing homes are now in assisted living.
Georgia and South Carolina Assisted Living Regulations
- Georgia: Assisted living is regulated under the O.C.G.A. § 31-7-1 et seq. (Health Care Facility Regulation Act). Georgia categorizes ALFs as “personal care homes” and requires licensing by the Georgia Department of Community Health. Facilities must meet staffing, training, and safety standards, and residents have rights including freedom from abuse, neglect, and exploitation.
- South Carolina: S.C. Code § 44-36-10 et seq. (South Carolina Assisted Living and Community Residential Care Facilities Act) regulates ALFs and community residential care facilities, establishing licensing requirements, resident rights, and standards of care.
Common Assisted Living Abuse and Neglect Issues
Our attorneys see recurring patterns in assisted living abuse cases:
- Medication errors: Many ALFs do not have licensed nurses on staff, relying on medication aides or caregivers with limited training to manage complex medication regimens
- Fall injuries: Inadequate supervision, missing grab bars, poor lighting, and failure to implement fall prevention plans for at-risk residents
- Elopement: Residents with dementia wandering away from the facility, sometimes with fatal consequences
- Inadequate staffing: Failing to have sufficient caregivers, especially during nights and weekends
- Exceeding licensed capacity: Admitting or retaining residents whose care needs exceed what the facility is licensed and staffed to provide
- Physical and sexual abuse: By staff or other residents, compounded by inadequate supervision and background check failures
Pursuing Claims Against Assisted Living Facilities
Our attorneys hold assisted living facilities accountable through negligence claims, regulatory violation claims, and when applicable, wrongful death claims. We investigate staffing records, licensing compliance, inspection histories, and incident reports. When abuse involves physical violence, sexual abuse, or financial exploitation, we pursue all applicable claims against the facility and its corporate owners.