Has your loved one suffered from neglect or abuse at a Monroe nursing home? If so, know that they are not alone. Both neglect and abuse unfortunately occur too often in Georgia nursing homes. This is why we have dedicated all of our efforts towards making sure that elderly residents and loved ones have a fighting chance against nursing homes that have committed malpractice. After you’ve checked out our website, please give us a call so that we can discuss your case. We’re here to help you.
Neglect and abuse occur often, even though they are different. Neglect is usually an unintentional act from a staff member that results in the resident being injured. Abuse though is an intentional act that can come from a staff member or resident, which is usually done with the intent to harm. Neither abuse or neglect should ever be condoned in any nursing home.
Suing a nursing home on behalf of your loved one.
If you’re going to sue a nursing home on behalf of your loved one, you will first need a document giving you authorization which is usually a power of attorney. This is why it is important to first contact a nursing home attorney, so that they can help you obtain the necessary forms to pursue the lawsuit.
Once you have the required forms and your attorney, the next step will be for your attorney to create a demand package. The demand package will contain all relevant documents and evidence that will show the overall strength of your case. It will also contain a specific amount in exchange for the promise to not pursue the lawsuit.
The nursing home and their attorneys will then look over your demand package and conduct their own investigation. They will likely counter with a much smaller demand, which then means both parties will enter into negotiations in order to reach a settlement. If a settlement cannot be reached, your suit will then be filed and go to trial. During trial though, the chance for a settlement still exists, as most settlements usually occur during trial.
What if I don’t’ want to file a lawsuit?
Well as we mentioned before, there is a process that takes place before the lawsuit is filed. This is why it is important to retain an attorney so that they can help you out with this process. If your loved one suffered from neglect or abuse, pursuing legal option is the best choice for you to take, in order to someone to be held accountable, as well as for the neglect or abuse to stop.
At times lawsuits can prove to be costly, which is why it is important to retain an attorney who works off a contingency fee. Attorneys who work off a contingency fee will cover the costs for you such as court fees and document fees, and will recoup their payments as well as an agreed upon percentage only if the verdict or settlement that is reached is in your favor. This is why pursuing a lawsuit is sometimes the best option to take.
We are Schenk Smith, your Monroe nursing home lawyers.
At Schenk Smith we are 100% dedicated to helping elderly residents recoup what is rightfully theirs against nursing homes that have committed malpractice. We do not practice any other form of law, nor are we interested in doing so.
Our passion for nursing home cases stems 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, and sets the standard from which we practice.
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 Hard Labor Creek State Park, the Georgia Museum of Art, or the Yellow River Game Ranch, we’ve got you.
Nursing Home Abuse & Neglect in Monroe, Georgia – What you need to know.
Monroe, Georgia is located in Walton County, and has a population of 13,253 residents. Of those residents, 12% are aged 65 and older. Like in other nursing homes around the state of Georgia, neglect and abuse occur frequently.
What paperwork do I need to act on my loved one’s behalf?
In order to act on your loved one’s behalf, you will need to obtain a durable power of attorney. The power of attorney will authorize you to enter contracts, bring lawsuits, and other actions on behalf of your loved one that they are unable to do for themselves.
Sometime the probate court may officially designate a guardian or a conservatorship over the resident. The guardian named in those court documents will almost always the power to bring suits on behalf of the incapacitated resident.
This is why if your loved one is incapacitated, it is important to make sure that you or someone you trust has written, legal authority to act on your loved one’s behalf. Because if your loved one is neglected, abused, or otherwise injured at a nursing home, the last thing you want is to procrastinate in pursuing legal options.
What are common fall preventions at nursing homes?
Nursing homes can prevent falls by doing the following:
- Providing adequate supervision.
- Minimizing hazardous conditions.
- Creating and following a specific health care plan for each resident.
Taking these precautions significantly reduces the risk of falls for nursing home residents. Falls are the most common cause of injury for elderly people, and most falls occur in nursing homes. The majority of these falls are preventable, as long as the right safety precautions are in place.
It is also important for the nursing home to hire a full staff that is well trained to take care of elderly residents. Many elderly residents require non-stop supervision and assistance with everyday movements. When a nursing home staff fails to monitor their residents, then falls will likely occur.
What are some tools I can use to find a new nursing home?
When you have a new nursing home in mind, it is important to conduct some research on your own. Most nursing homes receive ratings and detailed reviews from family members of current or previous residents. If you do not know of any reputable nursing homes, then it would be best to ask around, or to use the Georgia Department of Human Services website.
While you conduct your search, it is important to look at specific things such as:
- Nurse to resident ratio
- Quality of living arrangements
- Quality of food
- Quality and timely meal service
- Daily routines and activities for residents
Also nursing homes should disclose any type of information pertaining to the safety of your loved one without any type of hassle.
My loved one was hurt in a Monroe nursing home – What do I do next?
If your loved one has been injured, abused, or has passed away at a Monroe, 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 Georgia Department of Community Health has a division known as the Healthcare Facility Regulation. This division investigates cases of nursing home neglect and abuse against elderly residents. They also regulate and certify 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 one can take. The Ombudsman is 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 Monroe 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 Monroe, Georgia
116 S Broad St
Monroe, GA 30655
Telephone: (770) 267-7576
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 currently suffering from neglect or abuse at a Monroe nursing home, then it is in your best interest to find a new facility for them. When you start your search and identify potential locations, 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 as well. The Nursing Home Compare website, which is operated by The Centers for Medicare and Medicaid (CMS) present 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 Monroe, 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 Monroe 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 fracture due to a slip and fall over a wet floor, the nursing home will likely try to claim that the fracture was there before the slip and fall happened, even if the evidence shows 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 Monroe 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 in the event of their death. For example, the plaintiff will go from being “John Doe” to “The Estate of John Doe”. Before a lawsuit can 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 Monroe, Georgia
Every nursing home is different, as each have their own pros and cons. Below is a list of the nursing home located in Monroe, Georgia, 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 start searching 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 best choice. Here are a couple reasons why we think we’d be the best fit to represent you and your loved ones:
- Results Driven: Even though we offer everyone free consultations, we are very selective with the cases we choose to represent. But this means that we are ready and willing to see your case to trial. In the past two years we’ve had millions in verdicts and settlements for our clients.
- Highly Regarded: 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 hold us in high regards, which you can see for yourself by checking out our client testimonials.
- Dedicated: Since we only practice one form of law, we are more knowledgeable about any changes in law that may pertain to nursing home cases. We are dedicated to our clients and practicing nursing home law. Besides attending and leading education seminars that focus on nursing home law, our attorneys are also members of senior citizen advocacy groups.
If your loved one was injured or died in a Monroe, 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.