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Georgia Nursing Home Abuse Laws

Georgia is one of many states that has specific nursing home abuse laws that are designed to go above and beyond the Federal regulations in order to better protect residents who live in nursing homes. Georgia law covers the right for each patient to have a clean, comfortable living environment, a safe place to live, and more. If a patient in a nursing home has their rights violated,  the facility could face a lawsuit or even loss of certification. The laws surrounding nursing homes are covered by the State Bar of Georgia and all of the regulations must be discussed carefully with the patient and family when the patient enters a nursing home facility. It is vital that the patient and their family members understand the laws thoroughly.

Rights of the Resident

As mentioned, residents of nursing homes in Georgia have a certain set of rights that must always be covered and managed when someone lives in the facility.  The rights are as follows:

  • Right to Nondiscrimination – The patient should receive proper care no matter their age, gender, disability, sexual orientation, marital status, national origin, religion, or source of payment for the facility.
  • Right to Privacy – The patient has the right to enjoy privacy in the nursing facility unless this goes against medical needs. This should include the ability to close doors and windows to the individual rooms.
  • Right to Freedom of Choice – It is required that the patient still have the right to control things in their own lives including the right to vote, the right to practice religion, the right to abstain from religious practices, and the right to choose who will manage their finances.
  • Right to Proper Nutrition – All nursing facilities must employ someone who is qualified according to the American Dietetic Association. This person must ensure that all patients get the proper nutrition which includes three meals a day, with no more than a five hour gap between each meal.
  • Right to Freedom from Restraints – Patients have the right to be free from both physical and chemical restraints even in extreme circumstances. The nursing facility must have proper written consent from a physician before using restraints for any reason.

All of these rights must be met by the nursing home facility. If they are not, then the facility itself could deal with censure from the state and the patient or their  loved ones may have the right to a neglect or abuse lawsuit.

Filing a Complaint

Whenever there is a problem with the rights of patients in a nursing home, the patient or their loved ones will need to file a complaint. These complaints can be oral or written, and once they have been filed the nursing home administrators are required to respond and resolve the issue within three days. If the complaint is not resolved properly, then the resident or their loved ones can then file a complaint with the state ombudsman. This is an individual in the state who is appointed to handle complaints of this manner. If the complaint or issue is still not resolved, then a hearing can take place and all decisions must be met by the nursing home within 72 hours of the hearing resolution.

All of these laws and regulations are designed to ensure residents of a nursing facility are taken proper care of and to prevent neglect. Cases of nursing home abuse and neglect happen all too often, and Georgia law can help to counteract such abuse.

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