Has your loved one suffered from some form of nursing home neglect or abuse in Georgetown, Georgia? If so know that they are not alone. Neglect and abuse occur quite often in nursing homes. That’s why at Schenk Smith, we have dedicated all of our efforts and skills towards helping elderly residents fight back against nursing home neglect and abuse. After you’ve visited our site, please give us a call so that we can discuss your case. We’re here to help you.
Neglect and abuse occur quite frequently. Neglect is usually an unintentional act that results in a staff member being injured. When a staff member fails to follow the proper diet set forth by a residents physician, then the end result may be that the resident falls ill, which is an act of neglect. Abuse happens when a resident is injured due to an intentional act done by a staff member or another resident. Neither neglect or abuse should ever be condoned in any nursing home in Georgia.
I want to file a lawsuit against the nursing home.
If you’re looking to file a lawsuit on behalf of your loved one, then it is best for you to seek a nursing home attorney. Your attorney will first start by coming up with a demand package. The demand package will contain specific documents and evidence that will show the strength of the case. It will also contain a specific amount in exchange for a promise to not pursue the lawsuit.
The nursing home and their attorneys will then review the demand package, and conduct their own investigation. After their investigation is done, they will then usually counter with a much less amount. When this happens, they will then enter into negotiations to reach a settlement. If a settlement is not reached, the case will proceed to trial. But even though the case may go to trial, a settlement can still be reached, as they usually are reached during a trial.
Is filing a lawsuit my best option?
If your loved one is suffering from nursing home neglect or abuse, then your best option is to immediately retain an attorney to assist you in your efforts. At times nursing home abuse and neglect will continue, until the nursing home realizes that punishment will be handed out. Which is why filing a lawsuit at times may be your best option.
Just like we mentioned above, a demand package will always be the first step. At times lawsuits can take anywhere from 18 months to 2 years. So seeing the end result from a lawsuit case can take quite a long time. Settlements usually happen because the end result of trials can prove to be costly. Also the uncertainty of the end result can create added stress that can hinder a resident’s health. But proceeding with a lawsuit, and having your attorney create a demand package is the best route to take, in order to stop nursing home abuse and neglect from taking place.
We are Schenk Smith, your Georgetown nursing home lawyers.
At Schenk Smith, we are completely dedicated to assisting elderly residents fight back against nursing homes that have committed some form of neglect or abuse. We do not practice any other form of law, nor do we represent any other type of client.
Our passion for helping elderly residents comes from our founding attorney Will Smith. Before becoming an attorney, Will Smith served as a Marine, and as a CNA in Georgia nursing homes for nearly a decade. His passion, and discipline resonates throughout all of our firm, which is why we are so dedicated to helping elderly residents.
When you visit our website, you will encounter plenty of videos, podcast episodes, and blog articles that are all dedicated to nursing home law. Once you’ve had the chance to check them out, please give us a call so that we can schedule you a free consultation to discuss your case. It doesn’t matter to us where you live. Whether you’re by the River Bluff, the Tobannee Creek, or the Old Post Office, we’ve got you.
Nursing Home Abuse & Neglect in Georgetown, Georgia – What you need to know.
Georgetown, Georgia is located in Quitman County, which has a population of 973 residents. Of those residents, 13.60% are aged 65 and older. Like in other nursing homes around the state of Georgia, neglect and abuse occur frequently.
Do I put my loved one at risk by reporting abuse?
We are asked this question quite often. The fear of putting a loved one at risk of retaliation, is usually the number one reason why abuse and neglect go unreported. The truth is neglect and abuse will continue to take place until some type of action is taken. Retaining a nursing home neglect lawyer to investigate and shed light on the situation can help protect your loved one.
When you hire an attorney, they will conduct three actions that will make nursing home neglect or abuse much harder to get away with, which are:
When your attorney is investigating a case of nursing home neglect or abuse, it will be much tougher for nursing homes to get away with it.
If my loved one fell, is the nursing home liable for the injuries?
No nursing home can prevent every fall at their facility. Falls are very common among senior citizens. Nursing homes are required by Georgia law to provide a reasonable standard of care to all of their residents. This means that fall risk assessments should be performed on all residents. During these assessments, risk factors are assigned a value, and a high number will mean that the nursing home must closely monitor that resident, and coordinate daily activities accordingly.
If the proper safety measures are not taken, and your loved one fell and was injured as a result of the fall, then the nursing home may be liable for the injuries sustained. If this has occurred, it is imperative to obtain your loved one’s medical records, in order to protect their rights. This is why it is best to contact a nursing home attorney, so that they can assist you.
I want to learn more about this nursing home’s record – Where do I go?
Nursing homes usually have reviews from residents and loved one’s of previous residents. Word of mouth is a great way to find valuable information on certain facilities. Another tool to use is the Georgia Department of Community Health. Within this department lies a division known as the Healthcare Facility Regulation. This regulation licenses, oversees, and inspects Georgia’s healthcare facilities.
Within that division lies the Office of Facility Licensure, which is responsible for licensing, certifying, and overseeing over 15,000 healthcare facilities, including nursing homes. The HFR also has a comprehensive list of licensed nursing homes in Georgia. These lists will show you valuable information such as inspection reports.
My loved one was hurt in a Georgetown nursing home – What do I do next?
If your loved one has been injured, abused, or has passed away at a Georgetown, Georgia nursing home, then we highly advise you to act immediately, in order to protect their rights.
First, report the incident to the appropriate Georgia authorities.
Georgia Department of Community Health
The Healthcare Facility Regulation, which as we mentioned before is part of the Georgia Department of Community Health, investigates cases of nursing home neglect and abuse against elderly residents. This division also regulates and certifies nursing homes in the state of Georgia.
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
Another route to take is through the Georgia Office of the Long-Term Care Ombudsman. The Ombudsman group aim to resolve nursing home cases of abuse and neglect against elderly residents. They are also authorized by Georgia law to enter nursing homes and ask questions, in order to seek answers.
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:
335 W. Society Ave.
Albany, GA 31701
Telephone: (229) 432-1124
Fax: (229) 446-7899
You may report physical assault or abuse to local law enforcement
If your loved one has suffered an injury due to an assault at a Georgetown nursing home, then we advise you to file a police report immediately. Depending on the severity of the crime, criminal charges may be brought against the perpetrator by the District Attorney’s Office: Pataula Judicial District.
Police Department of Georgetown, Georgia
Georgetown, GA 39854
Telephone: (229) 334-3588
Quitman County Sheriff’s Office
121 Main St
Georgetown, GA 39854
Telephone: (229) 334-3726
Quitman County District Attorney’s Office
93 Front St, Ste. 160
Cuthbert, GA 39840
Telephone: (229) 732-3773
Find another facility for your loved one.
If your loved one is suffering from nursing home abuse or neglect, then you should find a better suited facility for them. When you begin your search and have identified potential facilities, it is important to conduct walkthroughs. During these walkthroughs, it is important to ask as many questions as possible, in order to get a feel for the facility and the staff. Another tool that can assist you in your efforts is the Nursing Home Compare website, which is operated by The Centers for Medicare and Medicaid (CMS). This site offers ratings for every nursing home in the county that receives federal funding. These ratings are based off of several factors including quality, nurse-to-resident ratio, and inspection scores.
For your convenience, a list of all nursing homes located in Georgetown, Georgia is located below, along with their contact information and inspection scores.
Get the medical records from the hospital and the nursing home.
If your loved one was injured at a Georgetown nursing home, it is imperative to get their medical records immediately. Reason is because nursing homes will usually stop at nothing to place the blame on the resident, rather than accepting responsibility. For example, if your loved one suffers a broken bone due to a slip and fall over a slippery surface, the nursing home will likely try to claim that the bone was broken before the fall, even if the evidence indicates that wasn’t the case.
In order to protect your loved one’s rights, you need to obtain their medical records because those will show who the primary physician was, plus it’ll contain valuable information on the hospital visit as well. It is also important to obtain medical records from the nursing home, because those at times may show signs of neglect or abuse.
State and Federal privacy laws prevent third parties from obtaining medical records without the proper written authorization form. The form will usually be either a power of attorney, a healthcare directive, or guardianship paperwork.
If your loved one was injured at a Georgetown nursing home, then chances are their medical records will be located at the hospital listed below. Once you’ve obtained the proper written authorization form, your next step will need to be to make a request to the Release of Information Department of the hospital.
Begin the probate process if your loved one has passed away.
If your loved one has passed away, they still have the right to pursue a lawsuit. A deceased person’s right to pursue a lawsuit is handed over to an Estate after they’ve passed away. For example, the plaintiff will go from being “John Doe” to “The Estate of John Doe”. But before the lawsuit can be filed, the Estate must first be established. Which means the surviving spouse, child, or relative will need to petition the Probate Court of the County in which the deceased has passed.
If you’re dealing with this same situation, it is important to setup the Estate immediately. In doing so, you will need to appoint a personal representative, who is often referred to as an Executor or Administrator. This representative will then act on behalf of the Estate, and will make all the decisions with regards to the lawsuit.
Quitman County Probate Court
115 Main St
Georgetown, GA 39854
Nursing Homes in Georgetown, Georgia
Every nursing home has their own pros and cons, making some better suited for specific residents. Below is a nursing home located in Pooler, Georgia which is by Georgetown, along with relevant information about it. This information is taken from CMS’ Nursing Home Compare Website.
508 South Rogers
Pooler, GA 31322
Overall Rating: 3 out of 5 (Average)
Number of Beds: 122
Number of Residents: 76
RN hours per resident per day: 12min (GA Avg: 34min)
Health Inspection Rating: 3 out of 5 (Average)
Staff Rating: 1 out of 5 (Much Below Average)
Quality Measure Rating: 5 out of 5 (Much Above Average)
Most Recent Health Inspection Date: 06-08-2017
Number of Health Citations: 2
Average Number of Health Citations in Georgia: 3.2
Number of Complaints in previous 3 years resulting in citation: 0
Federal fines in previous 3 years: 0
Why Choose Schenk Smith as your Nursing Home Lawyers?
When you begin searching for an attorney, you will come across plenty to choose from. While you have plenty of options, we would like for you to consider us as the best choice to represent you and your loved ones. Here are a couple reasons why we think we should be your number one choice:
- Resourceful: When you visit our site, we have over 200 videos, plenty of podcast episodes, and countless blog articles. All of these tools are dedicated towards helping elderly residents fight back against nursing homes. We only practice one form of law, which makes us more knowledgeable about any changes to nursing home law.
- Highly Reviewed: Schenk Smith is the best Google reviewed law firm in Georgia that focuses on nursing home cases. Our attorneys have also been selected as Georgia Super Lawyer Rising Stars, which is just one of the many reasons why our clients hold us in high regards. You can see for yourself by checking out our client testimonials.
- Sole Focus: Focusing solely on nursing home law allows us to dedicate all of our efforts towards helping our clients get the result they’re looking for. Even though we offer free consultations to everyone, we are selective in the cases we choose to represent. But this means that we are ready and willing to see your case to trial.
If your loved one was injured or died in a Georgetown, 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.