If your loved one has suffered from neglect or abuse at an Irondale nursing home, know that they are not alone. Neglect and abuse have occurred in various nursing homes around the state of Georgia. That is why we have dedicated all of our resources on our site to assisting nursing home residents looking to file a lawsuit against their nursing home. Once you’ve had the chance to visit 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 in nursing homes. Neglect usually happens from an unintentional act that results in the resident being injured. Abuse on the other hand is an intentional act from a nursing home staff member or another resident with the intent to harm. Regardless if it’s abuse or neglect, residents should never suffer from these in any nursing home.
Why file a lawsuit against a nursing facility?
If neglect or abuse has occurred against your loved one at a nursing facility, then it is well within their right – or yours if they are unable to defend for themselves – to file a lawsuit against a nursing facility. When a lawsuit is filed, that usually means that a settlement was not able to be reached.
Under Georgia law, nursing homes are required to provide a reasonable standard of care to all of their residents. This means nursing homes need to provide a safe and hazard free environment, while making sure they have enough of a well trained staff to take care of their residents. When neglect occurs, it usually stems from a lack of staff, or a lack of properly trained staff. When injuries occur because of neglect, then it is within your right to pursue a lawsuit.
Abuse is another reason why lawsuits are filed. It doesn’t matter if the abuse came from a nursing home staff member, or a fellow resident, the nursing home may be held liable for the abuse.
Will the nursing home be shut down?
Depending on the severity of the crimes caused from the facility and its staff, a nursing home can be shut down. Nursing homes are regulated under different agencies, so when abuse runs rampant in a nursing home, then there is a chance it will be shut down.
When abuse or neglect occur frequently then a nursing home will face stiff fines, as well as the possibility of being shut down. Nursing home staff members will also face potential fines, and even jail time. Nursing homes are required to provide a reasonable standard of care under Georgia law. Failure to do so, can lead to the facility being permanently closed.
We are Schenk Smith, your Irondale nursing home lawyers.
We are completely dedicated to helping elderly residents who have suffered from nursing home abuse or neglect. We do not practice any other form of law, nor do we represent any other type of client. Our passion stems from our founding attorney Will Smith, who besides being a Marine, was a CNA in Georgia nursing homes for a decade prior to becoming an attorney.
Our singular dedication means that we are extremely knowledgeable about any changes that may pertain to nursing home law. This knowledge, along with our skills and overall experiences, helps us pursue lawsuits for elderly residents.
At our website, you will be able to access various videos, podcast episodes, and countless blog articles that are all dedicated to helping you in your efforts. Once you’ve had the chance to visit our site and go through our resources, please give us a call so that we can schedule a free consultation to discuss your case. We’ll come to you regardless of where you live. Whether you’re by Route 19, Beaver Lake, or Mundy’s Mill Road, we’ve got you.
Nursing Home Abuse & Neglect in Irondale, Georgia – What you need to know.
Irondale, Georgia is located in Clayton County. It has a population of 7,727 residents, of which 1.6% are aged 65 and older. Like in other nursing homes around the state of Georgia, neglect and abuse occur often.
Will the nursing home take revenge if I report their neglect?
This questions is often one that attorneys get asked most. The concern of revenge being enacted, is often the number one reason why abuse and neglect go unreported. Until action is taken, neglect and abuse will continue to occur.
This is why retaining a nursing home neglect lawyer is important so that they can investigate and shed light on the situation, while making sure your loved one is protected.
It is much harder for nursing home to enact revenge on a resident, when an attorney is present. When the nursing home knows that someone is watching, investigating, and reporting what they find, then the nursing home will have a difficult time enacting revenge. That’s why if your loved one is suffering from neglect or abuse, your first step should be to call and speak to an attorney, so that the abuse can stop. Once you have an attorney working for you, you won’t need to worry about revenge being enacted.
How do I know if the nursing home is responsible for my loved one’s septic shock?
Septic shock is usually developed as a result of feeding tubes or urinary catheters, because they increase the risk of infection. Also many nursing home residents are already at increased risk of developing infection due to a compromised immune system.
When an elderly person suffers from an injury or illness, their chances of developing infection are much higher. If your loved one’s nursing home fails to treat or care your loved one’s infection, then your loved one will be susceptible to septic shock.
Nursing homes need to take great care to protect their residents against infection by minimizing their use of catheters and feeding tubes. When they do use catheters, nursing home staff members need to:
- Keep the use of the catheter at a minimum
- Use gloves
- Wash their hands regularly
Nursing home staff members need to also employ certain safeguards when using the catheter such as:
- Ensuring a closed drainage system
- Keeping the retention bag below the bladder
- Cleaning the catheter every day
When nursing homes fail to follow these procedures, they may be held responsible for the development of septic shock.
Are nursing home inspection reports available online?
The Healthcare Facility Regulation division of The Georgia Department of Community Health offers facility compliance reports. These reports provide information about how well facilities meet state and federal regulations and rules. According to the Healthcare Facility Regulation division, “these reports are unofficial listings of areas where facilities are determined to not be in compliance with applicable state rules, federal regulations or voluntary accreditation standards.”
These reports are prepared by professional surveyors from the Office of Regulatory Services. The reports are a result of on-site survey visits that are conducted by ORS professionals. When nursing home facilities fail to follow the proper procedures set forth Georgia law, then these reports will show their violations.
Another site that provides inspection reports is the Nursing Home Compare website which is operated by the United States Centers for Medicare and Medicaid Services (CMS).
My loved one was hurt in a Irondale nursing home – What do I do next?
If your loved one has been injured, abused, or has even passed away at an Irondale, Georgia nursing home, then we recommend for you to act immediately, in order to protect your loved one’s rights.
First, report the incident to the appropriate Georgia authorities.
Georgia Department of Community Health
The Healthcare Facility Regulation which is part of The Georgia Department of Community Health, investigates cases of nursing home abuse and neglect against 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
The Georgia Office of the Long-Term Care Ombudsman is another option you can take. This program consists of individuals who aim to resolve cases of neglect or abuse between nursing homes and residents. They are also authorized under law to enter nursing homes and ask questions.
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:
1743 Hardin Ave
College Park, GA 30337
Telephone: (678) 378-2934
Fax: (404) 768-8512
You may report physical assault or abuse to local law enforcement
If your loved one has been assaulted from a nursing home staff member or another resident, then you should 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: Clayton Judicial District.
Police Department of Irondale, Georgia
7911 North McDonough St
Jonesboro, GA 30236
Telephone: (770) 477-3747
Clayton County Sheriff’s Office
9157 Tara Blvd
Jonesboro, GA 30236
Telephone: (770) 471-1122
Clayton County District Attorney’s Office
9151 Tara Blvd
Jonesboro, GA 30236
Telephone: (770) 477-3450
Find another facility for your loved one.
It is in your best interest to seek a better suited nursing home if you know your loved one has suffered from nursing home neglect or abuse. When you begin conducting your search and find potential suitors, it is important to conduct walkthroughs. During the 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 to use is the Nursing Home Compare website which compiles data on nursing homes around the country. Each nursing home is given a rating based off a 5-star system. These ratings are compiled from a variety of factors such as quality, nurse-to-resident ratio, and inspection scores.
For your convenience, a list of all nursing homes located in Irondale, 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 has suffered injuries due to neglect or abuse, then you need to obtain their medical records as quickly as possible. The reason this needs to be done quickly, is because nursing homes will usually stop at nothing to place the blame on the resident. For example, if your loved one suffers a broken bone due to tripping over debris on the facility floor, the nursing home will try to claim that their bone was already broken before the fall. Even if the evidence is completely stacked against the nursing home, they will still try to deny any fault.
To help your loved one pursue their claim, you will need to obtain their medical records. The records will show who their primary physician was, plus it’ll show information on the hospital visit. Obtaining the nursing home medical records is also important, because those will sometimes show if negligence or abuse has occurred at the nursing home.
State and Federal third-party laws prevent family members from obtaining or viewing their medical records without the proper written authorization. The written authorization you’ll need will usually be either a power of attorney, guardianship paperwork, or a healthcare directive.
If your loved one has been injured at an Irondale nursing home, then their medical records will likely be located at one of the hospitals listed below. Once you’ve obtained the proper written authorization, you will then need 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 a right to pursue their claim. A deceased person’s right to pursue a lawsuit is handed over to the Estate. For example, the plaintiff goes from being “John Doe” to “The Estate of John Doe”. But in order to file a lawsuit, the Estate must first be established. In order to do so, 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 currently dealing with this situation, then we recommend that you setup the Estate as soon as possible. In doing so, you will need to appoint a personal representative, who is often referred to as an Administrator or an Executor. This representative will then act on behalf of the Estate, and will make all the decisions with regards to the lawsuit.
Clayton County Probate Court
121 S McDonough St, Ste. 3
Jonesboro, GA 30236
Nursing Homes in Irondale, Georgia
There are no two nursing homes alike, as each have their own pros and cons. Below is a list of the nursing homes in Irondale, Georgia, along with pertinent information for each. This information is taken from CMS’ Nursing Home Compare Website.
Why Choose Schenk Smith as your Nursing Home Lawyers?
When you begin your search for an attorney you’ll encounter a ton of options to choose from. While you do 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’d be a great fit to represent you:
- Singular Focus: At Schenk Smith we dedicate all of our resources and efforts towards only helping elderly residents who have suffered from nursing home neglect or abuse. We do not practice any other form of law. Putting all of our focus towards nursing home law, has made us become extremely knowledgeable about any changes in law that pertain to nursing home cases.
- Dedicated: Even though we offer free consultations to anyone, we are selective with the cases we choose to pursue. Being selective though has allowed us to dedicate all of our efforts in seeing your case through to trial. This has proven to be advantageous to our clients, as we’ve had millions in verdicts and settlements in the past two years.
- Top Notch: Our attorneys have been selected as Georgia Super Lawyer Rising Stars. Which is why we are the best Google reviewed law firm in Georgia that focuses on nursing home cases. This has proven to be beneficial to our clients. Don’t take our word for it, check out our client testimonials, and see for yourself.
If your loved one was injured or died in a Irondale, 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.