Do you believe someone you love was a victim of elder abuse or neglect? If so, you may be entitled to a significant cash settlement. You can learn more about your options by visiting schenksmith.com, or call us to schedule your free consultation today.
One of the most common questions we receive from Georgia residents is how abuse differs from neglect. The short answer is you have to consider intentions. If a staff member intended to harm, steal from, or distress your loved one, then it’s abuse. If an injury was the unintentional result of an overworked staff member however, that would be considered neglect.
In almost every case, when a loved one is hurt in a nursing home, the family sues the nursing home and not the staff which may have had a direct role in the injury. One of the reasons for this is money. Nursing homes have liability insurance. An underpaid nurse, on the other hand, may not have much of anything.
That isn’t to say an individual nurse or staff member cannot be sued. They can. But more often than not, if legal action is brought against an individual employee, it’s often the result of a criminal case brought by the state.
Yes, there are. In fact, lawsuits aren’t always your best option when you want a just and fair outcome for your loved one. Taking the settlement route is often far more beneficial to everybody, including the nursing home.
There are many reasons for this. The first is speed. Lawsuits take a lot of time. Settlements can be reached much faster. The second is a higher success rate. Most nursing homes want to stay out of the courtroom, so they’re happy to take the settlement route. But if forced into court, they will spend huge amounts of money to protect their business interests. The third is convenience. You and your loved one are made whole and you can move on with your lives. Lawsuits on the other hand may require long months of waiting, planning, and frustration.
When it comes to reputation, cost, and experience, nobody beats Schenk Smith. Since 2013, our attorneys have secured millions of dollars in settlements and verdicts for Georgian families. We are legal specialists who only take elder abuse and neglect cases. Furthermore, we work on a contingency basis, meaning you pay nothing unless we win your case. You cannot lose by going with Schenk Smith today.
We take on clients from Fairburn and all throughout the state of Georgia. Whether you live near Fernbank Museum of Natural History, the Cochran Mill Nature Center, or out by Sweetwater Creek State Park, we’ve got you covered.
Fairburn, Georgia is located in Fulton County and has a population of 13,860 residents. Of those, 7.6% are aged 65 and older. Many of these senior citizens will experience abuse or neglect in their lifetime. We must do everything in our power to limit that number as much as possible.
Yes you can. You may have to jump through some legal hoops, but it is within your power to file a lawsuit on behalf of a family member.
There are a few scenarios why you’d be filing on behalf of a loved one:
The process of filing a lawsuit on behalf of your loved one will depend on which scenario you’re facing from those listed above. But here are a few general rules of thumb:
This topic can be incredibly complex, so don’t hesitate to reach out to Schenk Smith if you have any questions.
Nursing homes may not be able to prevent every fall, but they should be able to prevent most of them. By following regulatory guidelines and keeping track of their resident’s health, they can significantly reduce the amount of falls which occur every year.
Some of the preventative measures that nursing homes take include:
In addition to these measures, a nursing home will also want to take precautions in the event that a fall actually occurs. Pressure alarms, alert sensors, and keeping all residents within sight of a trained staff member are all necessary precautions which could save a senior citizen’s life.
Locating a new nursing home for your loved one is both stressful and frustrating for everyone involved. Thankfully, both the federal government and Georgia’s state government have tools available to help you locate a great home nearby.
The two most important tools include:
In addition to these tools, you can always count on the attorneys at Schenk Smith. If you aren’t sure where to start, then give us a call today to schedule a free consultation.
If your loved one was severely injured or passed away at a Fairburn, Georgia nursing home, then we recommend that you act as soon as possible to protect your loved one’s rights.
Georgia Department of Community Health
The Georgia Department of Community Health is the state body which regulates nursing homes. The DCH provides the licensure and license renewals which keep these companies in business. To ensure compliance with state and federal law, the DCH regularly sends out officials from its sub-department, the Healthcare Facility Regulation (HFR).
You can file a complaint with the Georgia Department of Community Health, Healthcare Facility Regulation online by clicking this link. Here is additional contact information:
Georgia Department of Community Health, Healthcare Facility Regulation
Complaint Hotline: (800) 878-6442
Complaint Fax: (404) 657-5731
Georgia Office of the Long-Term Care Ombudsman
If you find yourself in a dispute with a nursing home facility, you may wish to contact the Georgia Office of the Long-Term Care Ombudsman. The Ombudsman program was put in place to mediate disputes between nursing homes and Georgia residents.
You can file a complaint with the Georgia Office of the State Long-Term Care Ombudsman online by clicking on this link. Here is additional contact information:
Capitol Region –Georgia Long-Term Care Ombudsman Program
225 Cameron Road
McDonough, Georgia 30253
Telephone: (404)-627-1057
Fax: (404)-627-1064
You may wish to get state and local authorities involved in an incident that occurred at your loved one’s nursing home. This is especially true if the incident was criminal in nature, such as theft, physical assault, or rape.
For abuse occurring in a Fairburn, Georgia nursing home, report the crime to the Fairburn Police Department or to the Fulton County Sheriff.
191 SW Broad St,
Fairburn, GA 30213
Telephone: (770) 964-1441
Fulton County Sheriff’s Office
185 Central Ave
Atlanta, GA 30303
Telephone: (404) 612-5100
District Attorney’s Office: Atlanta Judicial District
136 Pryor St SW
Atlanta, GA 30303
Telephone: (404) 612-4981
Finding a new facility for your loved one after such a traumatic experience is no easy task. We don’t blame you if you’re skeptical of any nursing home facility, no matter how good its reviews are.
Safe, trustworthy nursing homes do exist. You just need to know where to find them. And the best way to search the thousands of nursing homes in Georgia is to use Medicare.gov’s Nursing Home Compare Tool. Click here to go to the Nursing Home Compare Website.
The Nursing Home Compare tool has everything you need to locate and compare nearby nursing home facilities. You’ll have access to health code violation information, staff reviews, and overall rankings compared to hundreds of other nearby facilities.
For your convenience, a list of all nursing homes located within Fairburn, Georgia is located below, along with their contact information and inspection scores.
Your loved one’s medical records may hold the evidence you need to prove that abuse and neglect were taking place. That’s why we always recommend our clients locate these records and take possession of them right away.
Of course, nothing is ever that easy. You may face headwinds as you work toward securing these important documents. One of the biggest hurdles you’ll have to confront is securing a power of attorney over your loved one. Depending on your situation, it may prove difficult to get. But it will be necessary if you hope to get hospital staff to turn over your loved one’s records.
You’ll also want the nursing home’s records, and this may prove equally difficult. If they’re aware of your intent to sue, they won’t be forthcoming with any information concerning your loved one or their records.
Keep in mind, our attorneys secure these types of documents for clients all the time. If you’re confused about the process, don’t hesitate to reach out to our team today.
Finally, calling hospital after hospital for your loved one’s records could take days. But you can narrow down your options by only calling local facilities. To give you a head start, we’ve listed the most likely hospitals which your loved one stayed at.
Telephone: (404) 778-9729
Telephone: (404) 616-1000
We are truly sorry to hear about the loss of your family member. While tragic, your loved one may still have a chance at a just outcome in court, especially if it can be proven that the death was wrongful.
Family members of a deceased person have legal avenues available to them to sue the party that caused the wrongful death. To begin the process of filing a lawsuit, a family member must first create an estate in their loved one’s name. Once an administrator has been selected to manage the estate, he or she can then begin the process of filing a lawsuit.
Estates require a special type of court to set up, called a probate court. A probate court judge will assess your situation and determine whether or not your relationship is close enough to the deceased individual that you should be allowed to administer their estate. Expect a fair amount of paperwork and time to complete the process.
If you’re a resident of Fairburn, you’ll be visiting the Fulton County probate court. Also, if you have any questions about the probate process, don’t hesitate to call our law firm today.
Click here for the Probate Court of Fulton County
Fulton County Probate Court
136 Pryor St SW, Ste C-230
Atlanta, GA 30303
Telephone: (404) 613-4070
Looking for a nearby nursing home? We’re happy to help. Below you’ll find the closest nursing home facilities in the Fairburn area. This information is taken from our CMS’ Nursing Home Compare Website.
Pruitthealth – Fairburn 7560 Butner Road | Overall Rating: 1 out of 5 (Much Below Average) Number of Beds: 82 Number of Residents: 73.2 RN hours per resident per day: 26 min (GA Avg: 24 min) |
Health Inspections Rating: 1 out of 5 (Much Below Average) Staff Rating: 3 out of 5 (Average) Quality Measure Rating: 2 out of 5 (Below Average) Most Recent Health Inspection Date: 08-04-2017 Number of Health Citations: 7 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting citation: 3 Federal fines in previous 3 years: 1 ($8,518 fine on 08-04-2017) |
Fairburn Health Care Center 178 West Campbellton Street | Overall Rating: 1 out of 5 (Much Below Average) Number of Beds: 120 Number of Residents: 93.6 RN hours per resident per day: 7 min (GA Avg: 24 min) |
Health Inspections Rating: 2 out of 5 (Below Average) Staff Rating: 1 out of 5 (Much Below Average) Quality Measure Rating: 4 out of 5 (Above Average) Most Recent Health Inspection Date: 07-20-2017 Number of Health Citations: 2 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting citation: 0 Federal fines in previous 3 years: 1 ($7,475 fine on 07-20-2017) |
At the end of the day, you want a just and fair outcome for your loved one and your family. While there are many law firms that can advocate for you in court, only Schenk Smith can deliver specialized legal services and an unparalleled reputation for contingency pricing.
If your loved one was injured or died in a Fairburn, Georgia nursing home, please call us at Schenk Smith (678) 823-7678 for a free consultation. You can also check out hundreds of video FAQs on our website.