Introduction

This article examines Georgia statutes concerning long-term care facilities and adult protective services in the context of resident supervision and safety.

Scenario

An elderly resident with dementia lives at a nursing home facility on Northside Drive in Macon, Georgia. The resident exits through an unsecured door and wanders onto busy traffic lanes. A passing motorist finds the resident confused and injured from a fall on the roadway. Facility records show the resident had previously attempted to leave the premises without authorization on multiple occasions.

Georgia Law

Long-Term Care Facility Requirements

Georgia Code § 31-8-100: “‘Long-term care facility’ means any skilled nursing facility, intermediate care facility, assisted living community, or personal care home subject to regulation and licensure by the department.”

Resident Rights and Facility Duties

Georgia Code § 31-8-108(a): “Each resident in a long-term care facility shall have rights which include, but are not limited to, the following: (1) The resident has the right to be free from physical and chemical restraints except those restraints authorized in writing by a physician for a specific and limited time or as are necessitated by an emergency in order to protect the resident from injury to himself or to others.”

Adult Protective Services

Georgia Code § 30-5-3(9): “‘Protective services’ means those social, health, and supportive services necessary to enable a disabled adult or elder adult to meet the adult’s essential physical and mental health needs and which are aimed at preventing or remedying abuse, neglect, or exploitation of disabled adults and elder adults.”

General Duty of Care

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Conclusion

The scenario describes a nursing home resident who wandered off and was injured in Macon, Georgia. Georgia Code § 31-8-100 defines long-term care facilities. Georgia Code § 31-8-108 addresses resident rights and facility duties. Georgia Code § 30-5-3 defines protective services. These statutes establish the framework for nursing home liability under Georgia law.

FAQ

Q: How does Georgia Code § 31-8-100 define a long-term care facility? A: Georgia Code § 31-8-100 defines it as “any skilled nursing facility, intermediate care facility, assisted living community, or personal care home subject to regulation and licensure by the department.”

Q: What rights do residents have under Georgia Code § 31-8-108? A: Georgia Code § 31-8-108(a) states residents have “the right to be free from physical and chemical restraints except those restraints authorized in writing by a physician for a specific and limited time.”

Q: What are protective services under Georgia Code § 30-5-3? A: Georgia Code § 30-5-3(9) defines them as “those social, health, and supportive services necessary to enable a disabled adult or elder adult to meet the adult’s essential physical and mental health needs.”

Q: Where are long-term care facility regulations found in the Georgia Code? A: Long-term care facility regulations are found in Georgia Code Title 31, Chapter 8.

Q: Does Georgia Code § 51-1-2 apply to nursing homes? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.