If you or a loved one is (or has been) a victim of abuse or neglect in a McRae, GA. nursing home, feel free to use this website as a resource that will help you answer all the questions you have regarding nursing home abuse and neglect and provide you with information about filing a lawsuit against those responsible.
Abuse is generally defined as deliberately injuring, unreasonably confining, intimidating, or punishing a nursing home resident. Neglect is defined as refusing or failing to fulfill any part of a nursing home’s obligation or duty to a nursing home resident. This may include failing to provide the necessary goods or services needed to avoid the resident being physically harmed, or suffering mental anguish or illness. Regardless of how they are defined, neither should ever be tolerated.
Why file a lawsuit against a nursing home for neglect?
If you or a loved one has suffered abuse or neglect in a nursing home facility, you deserve to be fairly compensated for any resulting medical bills and a reasonable amount of money for your pain and suffering. However, the nursing home or its insurer may not want to compensate you fairly and a lawsuit may be necessary to recover the compensation you truly deserve.
In most cases, the prospect of having to defend a lawsuit and possibly having to go to trial will be enough to convince the nursing home to offer you a fair settlement, especially when there is convincing evidence of their liability. In the event your lawsuit goes to trial and is successful, the court will order for the nursing home and/or its insurer to pay you the compensation you deserve.
What is the statute of limitations for nursing home abuse in Georgia?
Typically, in Georgia, a nursing home abuse lawsuit must be filed within two years of the date of the accident in order to preserve your right to recover damages from a personal injury claim. There are circumstances where a late claim can be filed, but it’s a difficult and time-consuming process. If you have any questions about your own timeline under the Statute of Limitations, or the statute in general, we highly recommend that you contact an attorney immediately. Your attorney can best advise you concerning your particular claim, the applicable timeline, and any available exceptions.
We are Schenk Smith, your McRae nursing home lawyers.
Our law firm specializes in representing the victims of nursing home abuse and neglect cases exclusively. Our mission is to do all that we can to ensure that you or your loved one is fully compensated for both the financial and emotional damage caused by the abuse or neglect.
Nursing home law is a unique area of law and negotiating a fair settlement or winning at trial calls for a significant amount of inside knowledge and expertise. Attorney Will Smith worked for several years as a CN in nursing homes across Georgia prior to becoming an attorney.
If you or a loved one has suffered abuse or neglect in Georgia nursing homes, and whether you live near, Liberty Square, Old Water Marks, or over by Talmadge Home, contact us to arrange a time when we can come to you and discuss your case.
Nursing Home Abuse & Neglect in McRae, Georgia – What you need to know.
McRae, Georgia is located in County and has a population of 5,740 residents. Of those, 15.90% are aged 65 and older.
What are the signs of neglect that I can observe in my loved one?
Families that can not take care of their elderly loved ones properly often put them in nursing homes to ensure that they get the care and attention they need. But, statistics show that as many as one in three nursing home residents become victims of neglect.
Residents who have been placed in a nursing home and then are not visited by their family on a regular basis are more frequently the victims of neglect than residents who receive regular visits from their families. Visiting your loved one regularly and frequently is the best way to avoid them being neglected or abused in a nursing home.
When visiting your loved one, be on the lookout for any of the following signs of nursing home neglect:
- Bedsores (also known as “pressure sores”)
- Pervasive urine and/or feces odor
- Poor personal hygiene
- Skin tears
- Bruises, contusions, or lesions
- Bone fractures
- Significant weight loss
- Significant dehydration
- Unexpected disorientation, depression or feelings of isolation
- Unattended health problems
- Abnormally pale complexion
- Oily hair
- Dirty linens
- Bugs in the facility (such as fleas or lice)
- Torn clothing
Any of one of these signs can indicate nursing home negligence. Being on the lookout for any of these signs can be the difference between your loved one’s well-being or suffering.
Are bedsores a sign of neglect?
Yes. Bedsores or pressure sores (as they are also known), may signify that your loved one has been left lying or sitting in the same position for too long. Pressure sores are but one of the many examples of concerns that are frequently the subject of grievances against nursing homes for providing substandard care.
Residents who lie or sit in the same position for an extended period of time are in danger of developing pressure sores, which can appear when pressure on the skin restricts blood flow to the area, depriving it of oxygen and nutrients. If not treated properly, deep sores can develop, sometimes exposing the muscle or bone underneath. When untreated, these sores can bring about infection, severe pain, and death.
Most pressure sores can be avoided by rotating a resident every a couple of hours. Since pressure sores are so preventable, they shouldn’t really be a big issue in nursing homes. However, when a nursing home allows them to develop and worsen, residents have to endure pain and suffering while fighting infections, sepsis, and gangrene. The prognosis for someone with severe pressure sores is very poor, and the most effective way for nursing homes to address this problem is by preventing the sores from developing in the first place.
What are the causes of neglect in Georgia?
A variety of factors can play a role in nursing home neglect. However, it is undeniably true that nursing homes too often fail to ensure that patients are receiving the care they should be receiving, and often, the reason is that the facility has an insufficient number of trained and supervised staff available. In fact, a number of studies have suggested that understaffing is the primary and the overarching cause of all nursing home neglect.
A nursing home is required by law to have sufficient staff to meet the needs of all of its residents. When it does not have enough staff, the nursing home is breaking the law and endangering your loved one.
Each service to which your loved one is entitled, whether it be feeding assistance, turning and repositioning, or bathing, takes a certain amount of time. When the facility does not have enough staff to perform these tasks, then the quality of care suffers.
Another dangerous consequence of understaffing in nursing homes is the impact it has on the caregivers themselves. When there is not enough staff and caregivers are overworked, they can become frustrated, and this frustration can lead to poor care.
My loved one was hurt in a McRae nursing home – What do I do next?
If your loved one was severely injured or passed away at a McRae, Georgia nursing home, then we recommend that you act as soon as possible to protect your loved one’s rights.
First, report the incident to the appropriate Georgia authorities
Georgia Department of Community Health
The Georgia Department of Community Health’s Healthcare Facility Regulation investigates nursing homes for neglect and abuse. Their offices also regulate and certify nursing homes in 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
Alternatively, you can file a complaint with the Georgia Office of the State Long-Term Care Ombudsman. The Ombudsman program is made up of ombudsmen who are located regionally across Georgia. These ombudsmen strive to resolve grievances and problems involving nursing homes and their residents. Each ombudsman is trained and legally authorized to physically inspect a nursing home and question its administration and staff.
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:
239 NE Park Avenue, Suite C-1
Baxley, GA 31513
Tel: (912) 367-4866
Fax: (912) 367-3849
You may also report physical assault or abuse to local law enforcement
When nursing home abuse or neglect is believed to have taken place, you might also want to report it to law enforcement. Some kinds of abuse or neglect can amount to criminal conduct and may warrant the attention of the District Attorney’s Office: Oconee Judicial District.
For abuse occurring in a McRae, Georgia nursing home, report the crime to the Police Department of McRae or to the Telfair Sheriff’s Department.
City of McRae-Helena Police Department
181 E Oak St,
McRae, GA 31055
Telephone: (229) 868-2093
Telfair County Sheriff
19 E Oak St
McRae, GA 31055
Telephone: (229) 868-6621
District Attorney’s Office: Oconee Judicial District
128 East Oak St, Ste 5
McRae, GA 31055
Telephone: (229) 868-6772
Find another facility for your loved one.
Finding another nursing home facility for your loved one can be daunting task. But, as more and more people are recognizing the dangers of nursing home abuse and neglect, there has been an increase in the number of resources available to help you select a safe and reliable nursing home facility for your loved one.
One of the first resources you can use to find information about a particular nursing home is The Centers for Medicare and Medicaid Services’ Nursing Home Compare website. There you can review a facility and see how it ranks in relation to other facilities, especially in the areas of staffing and other quality measures.
It is still always a good idea to visit a facility and to speak to other families who have loved ones there. Also, ask for an opportunity to read that facility’s state survey to see how the government has assessed the quality of care they provide.
For your convenience, a list of all nursing homes located within McRae, Georgia is located below, along with their contact information and inspection scores.
Get the medical records from the hospital and the nursing home.
At some point in your nursing home abuse or neglect case, you will have to request copies of your loved one’s medical records. They are the foundation of your lawsuit.
In most cases, a request for medical records must be made in writing and by your loved one personally unless, for example, they are physically or mentally unable to do so. In this case, a power of attorney, healthcare directive, or guardianship document will be needed for you to request and receive the medical record on their behalf.
When gathering documentation for your claim, it may be necessary to obtain medical records from all of your loved one’s health care providers. This includes every type of record related to the abuse or neglect, their treatment, and costs.
Most hospitals, clinics, and other healthcare facilities have their own forms for requesting medical records. If your loved one was injured in a McRae nursing home facility, you will most likely need to request information from the following hospital:
Begin the probate process if your loved one has passed away.
If your loved one is able to, they have the right to file their own lawsuit against the nursing home. Even if your loved one has passed away, the right to bring a lawsuit against the nursing home for the abuse or neglect that caused their suffering, and ultimately their death, does not terminate.
After your loved one dies, his or her estate has the right to file a lawsuit against the nursing home to recover damages related to his or her death.
In most cases, this will require that an estate be established before a lawsuit can be filed.
In order to establish your loved one’s estate, someone (usually a surviving relative) must petition the probate court in the county where your loved one died (most often the county in which the nursing home is located) to open a probate estate for your deceased loved one.
Once the estate is set up, a personal representative will need to be appointed by the court to act on behalf of the estate. This personal representative can then hire a lawyer and bring the lawsuit against the nursing home on the estate’s behalf.
Telfair County Probate Court
128 East Oak St, Ste 1
McRae, GA 31055
Nursing Homes in McRae, Georgia
160 South First Avenue
Overall Rating: 3 out of 5 (Average)
Number of Beds: 133
Number of Residents: 112.1
RN hours per resident per day: 14min (GA Avg: 24 min)
Health Inspections Rating: 4 out of 5 (Above Average)
Staff Rating: 3 out of 5 (Average)
Quality Measure Rating: 1 out of 5 (Much Below Average)
Most Recent Health Inspection Date: 07-13-2017
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: 0
There are thousands of competent attorneys in the State of Georgia. So, you have plenty to choose from. But, we would like you to consider us your first and best choice to represent you and your family.
Here’s why we believe you should:
- Focus: We focus exclusively on nursing home abuse and neglect cases. We specialize in making sure that nursing homes are held accountable for the abuse and neglect you or your loved one has suffered. This is all we do. We do this because it is our passion to help the elderly and infirmed (who are most often the least able to help themselves) obtain justice and recover the compensation they deserve for being mistreated by those who were entrusted with their care. To do this effectively, we must be at our absolute best, which means focusing all of our attention and resources in a single direction.
- Leadership: Super Lawyer, attorney rating service has recognized Rob Schenk and Will Smith as Rising Stars for their leadership in nursing home advocacy. Nevertheless, we are not only attorneys, we are teachers. Our law firm hosts weekly video podcasts on nursing home abuse and neglect. These podcasts are extremely informative and deal with topics involving nursing home abuse and neglect locally and across the United States.
- Excellence in Service: Here’s the proof. We are presently the top-ranked Google reviewed law firm specializing exclusively in nursing home abuse in Georgia. Take a moment to read through some of the reviews we have received from past clients.
If your loved one was injured or died in a Columbus, 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.