If your loved one has suffered from neglect or abuse at a Loganville nursing home, know that they are not alone. Neglect and abuse occur frequently in Georgia nursing homes. This is why at Schenk Smith, we have dedicated all of our efforts towards making sure that elderly residents have a fighting chance against nursing homes that have committed some form of malpractice. Once you’ve checked out our site, please give us a call so that we can discuss your case. We’re here to help you.
Neglect is usually an unintentional act committed by a nursing home staff member that results in a resident being injured. For example, if a staff member fails to follow the diet set forth by a resident’s physician, then that staff member has committed an act of negligence. Abuse on the other hand is an intentional act done by a staff member or another resident with the intent to harm. Neither abuse or neglect should ever occur.
Filing a lawsuit against the nursing home: What to expect
When you look to file a lawsuit against the nursing home, it is important to first contact a nursing home attorney so that they can help you throughout the process. What your attorney will first do is they will create a demand package which will contain plenty of evidence and relevant documents that states the strength of the case. The demand package will also contain a specific amount of money requested for the promise to not pursue the lawsuit.
Once the nursing home and their attorneys receive the package, they will conduct their own investigation, and will usually counter with a much less figure then the one requested. Both parties will then enter into negotiations in order to reach a settlement. If a settlement cannot be reached, then the case will be filed and will go to trial.
How long will a lawsuit take?
A lawsuit will usually take anywhere between 18 months to 2 years. When a case goes to trial, it can take quite some time before a verdict is reached, which is why both parties will usually try to reach a settlement. Trials involve court fees, and fees for medical experts testimonies, which can prove to be costly for both parties.
That’s why negotiations for settlements are critical in the event that you file a lawsuit. As we mentioned before, before your case is filed, both parties will usually go through a round of negotiations, unless the nursing home accepts the first offer from your demand package. Settlements can still happen during trial, as they usually happen mostly during trial.
We are Schenk Smith, your Loganville nursing home lawyers.
At Schenk Smith we are completely dedicated towards helping elderly residents who have suffered at the hands of nursing home neglect or abuse. We do not practice any other form of law, nor are we interested in doing so.
Our passion for nursing home cases 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 discipline and passion resonates throughout our firm.
When you visit our site, you will come across plenty of online resources. We have many videos, podcast episodes, and blog articles that are all dedicated to nursing home law. Once you’ve checked out our site, 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 by. Whether you’re by the Crawford W. Long Museum, the Kennesaw Mountain National Battlefield Park, or the Vines Botanical Gardens, we’ve got you.
Nursing Home Abuse & Neglect in Loganville, Georgia – What you need to know.
Loganville, Georgia is located in Walton and Gwinnett County, and has a population of 11,072 residents. Of those residents, 15.90% are aged 65 and older. Like in other nursing homes around the state of Georgia, neglect and abuse occur frequently.
Is my loved one at risk if I report abuse?
We are often asked this question. Usually a family’s concern about revenge being enacted against their loved one, is the number one reason why abuse goes unreported. Neglect and abuse will often continue until some type of action is taken.
This is why it is important to retain a nursing home neglect lawyer, who can help investigate and shed light on the situation. It is much harder for a nursing home to get away with crime, when someone is watching, investigating, and reporting what they find.
Retaining a nursing home lawyer, can help put a stop to the abuse that is currently taking place. The fear of putting your loved one at risk, should not stop you from taking action.
My loved one was severely injured after a fall – Who is responsible?
If your loved one was severely injured after a fall, the nursing home may be held liable if they did not take the proper safety measures needed in order to prevent the fall. Falls are very common in elderly homes, as about one third of adults aged 64 and older are prone and will likely experience some type of fall.
This is why when residents are emitted into a nursing home, risk fall assessments need to be conducted. During these assessments, nursing homes will give values to each resident, and those that are prone to falls, will receive a higher value. Those that do have a high value, will need extra supervision and will require specialized attention. When the nursing home fails to implement these safety tactics, then they may be held responsible for the fall, any injuries sustained, the pain, and any medications needed.
How do I research this nursing home’s inspection record?
To check a nursing home’s inspection record, your best bet will be to go to the Georgia Department of Community Health. Within this department lies the Healthcare Facility Regulation, which licenses, oversees, and inspects Georgia’s healthcare facilities.
Within the HFR 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. Within this list you will find valuable information on each nursing home such as their inspection reports.
Nursing homes also usually have reviews from family members of residents that resided there. These reviews can sometimes provide first-hand accounts of their experiences, which can prove to be valuable.
My loved one was hurt in a Loganville nursing home – What do I do next?
If your loved one has been injured, abused, or has passed away at a Loganville, 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
The Georgia Office of the Long-Term Care Ombudsman is another route to look at. The Ombudsman group is made up of a group of individuals who 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:
135 Hoyt Street.
Athens, GA 30601-2646
Telephone: (706) 549-4850
Fax: (706) 227-8337
You may report physical assault or abuse to local law enforcement
If your loved one has been assaulted at a Loganville nursing home and has suffered injuries because of the assault, then we highly 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: Alcovy Judicial District.
Police Department of Loganville, Georgia
605 Tom Brewer Rd, #100
Loganville, GA 30052
Telephone: (770) 466-8087
Walton County Sheriff’s Office
1425 S Madison Ave
Monroe, GA 30655
Telephone: (770) 267-6557
Walton County District Attorney’s Office
1132 Usher St, Rm. 313
Covington, GA 30014
Telephone: (770) 784-2070
Find another facility for your loved one.
If your loved one is suffering from neglect or abuse at a Loganville nursing home, then it is in your best interest to find a new facility for them. When you begin your search for a new facility, it is important to conduct walkthroughs. During these walkthroughs, you need to ask as many questions as possible, in order to get a feel for the facility and the staff. The Nursing Home Compare website, which is operated by The Centers for Medicare and Medicaid (CMS) is another tool you can use. This site offers ratings for every nursing home in the county that receives federal funding. These ratings are based off several factors including quality, nurse-to-resident ratio, and inspection scores.
For your convenience, a list of all nursing homes located in Loganville, 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 Loganville nursing home, it is important to obtain their medical records immediately. Nursing homes will usually stop at nothing to place the blame of an injury on a resident rather than accepting responsibility. For example, if your loved one suffers a broken bone due to a slip and fall over a wet floor, the nursing home will likely try to claim that the broken bone was there before the slip and fall happened, even if the medical records show that wasn’t the case.
To help protect your loved one’s rights, you’ll need their medical records which will show valuable information on the hospital visit such as who the primary physician was. It is also important to obtain the medical records from the nursing home, since those at times will show signs of neglect or abuse.
Federal and State privacy laws prevent third parties from obtaining medical records without the proper written authorization form. This form will usually be either a power of attorney, guardianship paperwork, or a healthcare directive.
If your loved one was injured at a Loganville nursing home, then chances are their medical records will be located at one of the hospitals 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.
- Gwinnett Medical Center: (678) 312-1000
- Northeast Georgia Medical Center, Braselton: (770) 848-8000
- Eastside Medical Center: (770) 979-0200
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 in the event of their death. For example, the plaintiff will go from being “Jane Doe” to “The Estate of Jane Doe”. For the lawsuit to be filed, an Estate must first be established. This 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 situation currently, it’s important to setup an 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.
Walton County Probate Court
303 S Hammond Dr, Ste. 118
Monroe, GA 30655
Nursing Homes in Loganville, Georgia
Every nursing home is different, as each have their own pros and cons. Below is the nursing home located in Monroe, Georgia, which is located by Loganville, along with relevant information about it. This information is taken from CMS’ Nursing Home Compare Website.
1865 Bold Springs Road
Overall Rating: 3 out of 5 (Average)
Number of Beds: 165
Number of Residents: 160.9
RN hours per resident per day: 10min (GA Avg: 24 min)
Health Inspections Rating: 4 out of 5 (Above Average)
Staff Rating: 1 out of 5 (Much Below Average)
Quality Measure Rating: 4 out of 5 (Above Average)
Most Recent Health Inspection Date: 09-28-2017
Number of Health Citations: 0
Average Number of Health Citations in Georgia: 3.2
Number of Complaints in previous 3 years resulting citation: 1
Federal fines in previous 3 years: 0
Why Choose Schenk Smith as your Nursing Home Lawyers?
When you first begin your search for an attorney, you will come across plenty of options to choose from. Even though you have plenty of options, we would like for you to consider us as the top choice. Here are a couple reasons why we think we’d be the best fit to represent you and your loved ones:
- Award Winning: Our attorneys have been selected as Georgia Super Lawyer Rising Stars, which is just one of the reasons as to why we are the best Google reviewed law firm in Georgia that focuses on nursing home cases. Our clients also hold us in high regards, and you can see for yourself by checking out our client testimonials.
- Resourceful: At our website we have over 200 videos, over 100 podcast episodes, and plenty of blog articles that are all focused on nursing home law. Our attorneys also attend and lead legal education seminars dedicated to nursing home law.
- Knowledgeable: Focusing on one area of law allows us to be knowledgeable about any changes in law that may pertain to nursing home cases. Being knowledgeable has allowed us to deliver top notch results to our clients. In the past two years our efforts has resulted in millions in verdicts and settlements.
If your loved one was injured or died in a Loganville, 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.