Nursing Home & Elder Abuse

Alabama & Georgia Nursing Home & Elderly Abuse Attorneys

Nationwide Legal Champions for Seniors Facing Abuse

Information on this page:

What is Elder Abuse?
- Elder Abuse in Alabama and Georgia
Legal Rights of Nursing Home Residents in the United States
What are the Penalties for Abusers?
- Elderly Abuse Penalties in Alabama
- Elderly Abuse Penalties in Georgia
- Nationwide Penalties
Warning Signs a Loved One is Suffering from Elder Abuse
What To Do If You Suspect Nursing Home Abuse
How Lawyers Can Help You Fight Against Nursing Home & Elder Abuse
Carmichael Law Group: Your Steadfast Advocates Against Elderly Abuse
Why Choose Us?

Elder abuse is a grave issue affecting millions of older Americans every year. Before the pandemic, 1 in 10 seniors experienced abuse, a figure that worsened to 1 in 5 during COVID-19 due to isolation and lack of oversight. Systemic issues in care facilities further compound the problem. Many nursing homes are understaffed, which often results in neglect, malnutrition, untreated medical conditions, and social isolation.

Despite the prevalence of elderly abuse, only 1 in 24 cases is reported to authorities. This highlights the significant barriers victims face in speaking out — and underscores the importance of having advocates who fight for their protection.

No one should endure abuse, especially not our senior population. Carmichael Law Group is here to stand up for victims and their families. With offices in Alabama and Georgia, we are deeply familiar with the challenges faced by elder abuse victims in these states. Our commitment also extends beyond our local communities. We work with clients nationwide to seek justice for older Americans who have suffered negligence, mistreatment, or exploitation.

Call (888) 687-6022 or contact us online to schedule a free consultation with compassionate elderly abuse attorneys.

What Is Elder Abuse?

Elder abuse is broadly defined as any intentional or unintentional act — or failure to act — that causes harm or serious risk of harm to an older adult. Misconduct can take many forms, including physical abuse, emotional mistreatment, financial exploitation, sexual abuse, neglect, and even self-neglect.

Elder Abuse in Alabama and Georgia

To understand what counts as elder abuse on a legal level, we must look at state-specific definitions and statutes.

Alabama Laws: Alabama laws protect individuals aged 60 and older from abuse, neglect, and exploitation. Abuse includes physical or emotional harm and deprivation of essential services. Neglect is the failure to provide basic needs like food, shelter, or medical care. Exploitation involves misusing an elder’s resources through deception or undue influence.
Georgia Laws: Georgia laws offer robust protections for individuals aged 65 and older under various statutes, addressing both intentional harm and neglect. Abuse includes physical pain, mental anguish, or deprivation of essential services. Neglect is the failure to meet basic needs, and exploitation refers to the misuse of an elder’s resources through coercion or deceit.

Legal Rights of Nursing Home Residents in the United States

Nursing home residents are granted extensive legal protections under federal and state laws to ensure their safety, dignity, and access to quality care. Below is a breakdown of the key legal rights nursing home residents are entitled to:

Right to Dignity and Respect. Residents are entitled to be treated with respect and dignity at all times. This includes being addressed politely, having privacy in their personal and medical matters, and receiving care that supports their individual preferences and independence.
Freedom from Abuse and Neglect. Federal law guarantees nursing home residents the right to live free from physical, emotional, and sexual abuse, as well as neglect or exploitation. Facilities are required to implement systems that prevent mistreatment and address any allegations promptly.
Right to Access Quality Care. Residents have the right to receive appropriate medical care, services, and accommodations in line with their individual healthcare needs. This includes access to trained professionals, specialized treatments, and medications, as well as the timely coordination of care.
Privacy and Confidentiality. Nursing home residents' personal, financial, and medical information must be kept private under both federal and state laws. This right ensures that only authorized personnel have access to sensitive records about the resident’s condition and care.
Right to Be Fully Informed: Residents must be informed, in language they can understand, about their care plan, medical treatments, and any changes to their rights or services provided by the facility.
Participation in Care Decisions. Residents can take an active role in their healthcare, including the right to accept or refuse treatments, choose their healthcare providers, and make advance directives.
Freedom to File Complaints: Residents or their families can report concerns, file grievances, or bring complaints about care or facility conditions without fear of retaliation. Facilities are required to provide a clear process for addressing and resolving such complaints.
Freedom of Choice and Association. Residents have the right to make choices about their daily lives, including their schedules, meals, and activities, as long as these choices do not endanger their well-being. They can also freely associate with visitors, friends, and family members.
Protection Against Unjust Discharge or Transfer: Nursing homes cannot discharge or transfer residents unless it is necessary for their welfare. Even in such cases, residents must be given advance notice and the opportunity to appeal the decision.
Financial Protections: Residents have the right to manage their personal finances or to designate someone to do so on their behalf. Facilities must not misuse a resident’s funds or pressure them into signing agreements that could lead to financial exploitation.

Act now against elder abuse and exploitation. Call (888) 687-6022 or reach out online to schedule your free consultation.

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Here's What Sets Our Team Apart

Carmichael Law Group guides you through every step, from applications to appeals, with clear communication and strategic advocacy.

Focused on Results

We fight tirelessly to secure the benefits you deserve, using strategic legal expertise to achieve the best possible outcome.
Honest Guidance
We prioritize clear communication, ethical advocacy, and transparency, ensuring you understand your rights and options.
Proven Track Record

With years of experience and thousands of successful cases, we provide skilled representation at every stage of your claim.
Compassionate Advocates

We treat every client with respect, empathy, and personalized attention, guiding you through the SSD process with care.

What are the Penalties for Abusers?

Elder abuse is a serious offense that carries strict criminal penalties under both state and federal laws. Below are the specific consequences for offenders in Alabama and Georgia.

Elderly Abuse Penalties in Alabama

Elder abuse is classified into three degrees with escalating penalties. First-degree elder abuse, a Class A felony, penalizes intentional harm resulting in serious injury with 10 to 99 years in prison or life, along with fines. Second-degree elder abuse, a Class B felony, carries a penalty of 2 to 20 years’ imprisonment and fines. Third-degree elder abuse, categorized as a Class A misdemeanor, is punishable by up to 1 year in jail and potential fines.

Elderly Abuse Penalties in Georgia

Elder abuse, including physical, emotional, or sexual harm, is prosecuted as a felony with penalties of 1 to 20 years’ imprisonment and fines up to $50,000. Neglect by a caregiver, such as withholding essential services like food or healthcare, can lead to similar penalties. Exploitation, defined as unlawful use of an elder’s resources through coercion or deception, is also a felony with fines and prison terms matching those for neglect and abuse.

Nationwide Penalties

On a broader scale, federal laws under the Nursing Home Reform Act and the Elder Justice Act provide critical protections for elderly individuals. These frameworks penalize nursing homes and caregivers who fail to meet the required standards of care or engage in abusive behavior. Facilities found guilty of repeated violations may lose federal funding or face significant legal repercussions.

Warning Signs a Loved One is Suffering from Elder Abuse

Many elder abuse victims cannot or will not communicate that they’re being mistreated, which places the burden of identifying abuse on family members and caregivers. Below are some of the most common warning signs to look out for across different types of abuse.

Types of Elder Abuse and Their Signs

Physical Abuse

Unexplained bruises, burns, or cuts
Untreated injuries or the frequent need for medical attention
Signs of restraint use, such as marks on wrists or ankles

Emotional or Psychological Abuse

Sudden withdrawal from social activities or relationships
Signs of depression, anxiety, or fearfulness
A caregiver speaking harshly, threateningly, or dismissively to the senior

Financial Abuse

Unexplained withdrawals from bank accounts
Missing belongings, valuables, or forged signatures
Failure to pay bills, which may suggest financial neglect or exploitation

Neglect and Self-Neglect

Poor hygiene, malnutrition, or dehydration
Presence of bedsores or untreated medical conditions
Dirty living conditions or frequent infections

Sexual Abuse

Brushing off physical contact or being oddly uncomfortable around certain individuals
Bruising in sensitive areas
Unexplained sexually transmitted infections

What to Do If You Suspect Nursing Home Abuse

If you suspect an elderly loved one has suffered abuse or neglect, here are five practical actions you can take:

Report Abuse Immediately to Relevant Authorities

For immediate dangers always contact local law enforcement by dialing 911.
National: Call the Eldercare Locator at 1-800-677-1116.
Alabama: Contact the Adult Abuse Hotline at 1-800-458-7214.
Georgia: Call 1-866-552-4464 or file a report through the Division of Aging Services website.

Document Evidence
Keep a detailed record of any incidents involving potential abuse. This includes taking photos of injuries, writing notes about concerning behaviors, and documenting poor living conditions. Include dates, times, and any relevant details to create a comprehensive log. Thorough documentation is critical in building a case against those responsible.
Consult an Attorney Immediately
Reach out to our experienced elderly abuse attorneys as soon as possible. They can help you understand your legal rights, evaluate your options, and guide you through the process of filing claims. Whether the abuse involves a nursing home, a caregiver, or another individual, our team will work hard to hold the responsible parties accountable and seek justice for the victim.

How Lawyers Can Help You Fight Against Nursing Home & Elder Abuse

Hiring an attorney is one of the most powerful steps you can take to protect your loved ones and seek justice for elder abuse. Whether the abuse is physical, emotional, financial, or neglect, experienced lawyers can provide the support needed to hold those responsible accountable. Here’s how lawyers can help:

Thorough Investigation

Attorneys have the resources and skills to conduct detailed investigations into potential claims of abuse. They can gather evidence, interview witnesses, review medical records, and analyze documentation to build a strong case for the victim.

Filing Lawsuits

Legal counsel can assist families in pursuing civil claims for damages, whether they involve financial losses, medical bills, pain and suffering, or punitive compensation to address wrongdoing. Lawyers know how to navigate legal filings and present the case in a way that increases the chance of success in court.

Navigating State-Specific Laws

Since elder abuse laws can vary between states, having a local lawyer who understands the specific laws in places like Alabama or Georgia is essential. They can explain the legal process, ensure compliance with state requirements, and tailor the legal strategy to meet local regulations.

Protecting Against Retaliation

Families and victims often fear retaliation for speaking out, especially when dealing with powerful institutions like nursing homes. Attorneys can provide a layer of protection, ensuring that your rights and your loved ones’ safety are safeguarded throughout the process. They can also advise on how to report abuse effectively while minimizing risk.

By partnering with a knowledgeable attorney, you can take a crucial step toward justice for your loved one. Our team can help you bring those responsible to account while advocating for the safety of others in similar situations.

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Carmichael Law Group: Your Steadfast Advocates Against Elderly Abuse

Advocacy for vulnerable individuals isn’t just part of our job — it’s at the heart of who we are. Unlike firms that see clients as just case numbers, we treat each client as part of our extended family. Fueled by a deep sense of compassion, we genuinely focus on understanding your concerns and providing the guidance you need during this challenging time.

Why Choose Us?

We understand the emotional and financial toll that elder abuse inflicts on victims and their families. That’s why we make your pursuit of justice as accessible as possible with the following:

Free Consultations. To help families explore their legal options without obligation.
Contingency Fees. You won’t pay anything unless we successfully achieve a favorable resolution for your case.
Proven Results. With over 10 years of experience, our accomplishments reflect our dedication and effectiveness in achieving positive results.
Multilingual Support. We proudly serve clients in both English and Spanish.

We know how overwhelming elder abuse cases can feel — but you don’t have to face this alone. Whether you need legal advice, guidance through the process, or aggressive representation in court, we are here for you every step of the way. Together, we can help you and your family regain peace of mind and pursue justice.

Take the first step toward holding abusers accountable. Call (888) 687-6022 or contact us online to schedule your free consultation.

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