You have reason to believe that the nursing home where a loved one is residing has been abusive or neglectful toward their residents. If so, Schenk Smith has the resources you need to start fighting back. If you’re not sure where to start, you can visit our website at www.schenkfirm.com.
Have you noticed scratch marks, bruises, or a change of mood in your family member? They could be signs of abusive behavior toward them. Or perhaps you’ve noticed bedsores that get progressively worse every time you visit your loved one, or your loved looks frightfully thin and gaunt. Many times, this could signify neglect.
Under no circumstances should abuse or neglect be tolerated in a nursing home facility. If you suspect abuse, neglect, or both, then contact Schenk Smith right away for a free consultation.
The Facility Hurt My Loved One—Can I File Suit?
Absolutely. You have every right to file a lawsuit against a nursing home facility if you suspect they broke the law and created an unsafe environment for your loved one, or if they neglected to provide your loved one with the care they’ve promised under contract.
Nursing homes are regulated by both state and federal law. Many of these nursing homes simply do not meet the criteria of either. If your loved one was injured due to an unsafe living situation, or evidence points to abuse or neglect by nursing staff, then you may have a very good chance of winning your case and securing a cash settlement.
What Are Your Fees to File Suit Against the Nursing Home?
You are never charged a fee from Schenk Smith to file a lawsuit against a nursing home in your name. Ever.
Schenk Smith works on a contingency basis, meaning we do not collect fees from our clients unless we win their case in court or settle their case outside of court for an agreed upon amount. Regardless, you never have to take out a loan or go into debt securing our services.
It is stressful enough having to deal with a loved one that is in a potentially abusive situation. You do not need the added agony of paying off legal fees. At least, that’s our belief here at Schenk Smith. If you’d like to learn more about our costs after we win your settlement, you can visit our website, or call us to set up a free consultation.
We Are Schenk Smith, Your Tucker Nursing Home Lawyers
Do you need an experienced attorney who understands elder law and nursing home abuse? If so, then Schenk Smith can help. Our attorneys have been recognized as Georgia Super Lawyer Rising Stars and maintain longstanding memberships to some of Georgia’s most venerable senior citizen advocacy groups.
When you suspect your loved one has been abused or neglected, your first stop should be the Schenk Smith website. There you’ll find video FAQs in response to your most pressing questions, as well as detailed information on how to build a strong case in your favor.
Not sure where to begin? Call us today and we’ll come to you. Whether you’re close to Kelley C. Cofer Park, Tucker Recreation Center, or Montreal Park, we’ve got you covered.
Nursing Home Abuse & Neglect in Tucker, Georgia- What you need to know.
Tucker, Georgia is located in DeKalb County and has a population of 27,581 residents. Of those, 12% are aged 65 and older. It’s this 12% that we look out for at Schenk Smith LLC.
Are There Symptoms of Nursing Home Neglect?
Yes, there are. While the signs may not be as immediately obvious as physical abuse such as cuts, lacerations, and bruises, they are just as easily identified if you know where to look.
Here are some of the most common symptoms of nursing home neglect:
- Rapid weight loss and emaciation: If you notice your loved one is losing a good deal of weight very quickly, it could be a sign of neglect. This isn’t always the case of course. Malignant cancers and other factors may play a role. It’s when your loved one has a relatively clean bill of health and continues to lose weight that you want to consider the possibility of neglect.
- Change in mood, empty stares, or a vegetative state: In addition to weight loss, look at energy levels and depression as additional signs of staff neglect. This may also be a sign that your loved one is overmedicated.
- Bed sores: Bed sores are one of the clearest indicators of neglect. If your loved one is resigned to bedrest, you should check his or her heels, buttocks, thighs, elbows, and back of the head for rashes or open sores. If you see a rash, press your finger against it. If it stays red, it’s a pressure ulcer and a nurse should be brought in immediately.
What to Look For: Here Are the Most Common Nursing Home Injuries
Injuries happen all the time in nursing homes. Some of these injuries are caused by neglect or physical abuse. Other times, there are accidents that can’t be avoided. Regardless of how the injury occurred, it’s important that you make inquiries to ensure a just outcome for your loved one and your family.
- Bruising, trauma, broken bones: Elderly individuals should be regularly supervised to avoid falls and tumbles, or even attacks by other nursing home residents. If your loved one is lucky, he or she escaped a fall with only a few bruises and no other injuries. Harder falls, however, can break hips, shatter knee joints, and tear ligaments, leading to incalculable healthcare costs for the family.
- Pressure ulcers: Pressure ulcers, commonly known as bedsores, are one of the most common injuries in both nursing homes and hospitals. Nursing staff must remain eternally vigilant against these types of injuries, and even then, they occur far too often. Pressure ulcers start off as red sores, but eventually becomes gaping, infected wounds that can kill someone if left untreated.
These are the most common physical injuries that occur in nursing homes. However, other issues, such as septic shock, pneumonia, and bacterial infections, may also occur, leading to grave medical issues which can lead to the death of your loved one.
What Is the Reason Why There Is So Much Neglect?
With more Americans retiring by the day, and many more entering nursing homes, the infrastructure underpinning elder care is reaching its breaking point. Healthcare costs continue to skyrocket, trained staff remains elusive, and the nurses that do work at nursing homes, are often overworked and underpaid.
This had led to a huge increase in neglect, much of which is not purposeful, but still very much wrongful.
- Healthcare costs have been rising for years and continue to rise. This impacts nursing homes especially hard, as they care for one of the most demanding segments of the population in terms of health costs. As drugs and medical supplies increase in price, the care and assistance these facilities can provide to their residents decreases.
- Overworked staff is another consideration when it comes to nursing home neglect. It has become increasingly difficult to hire experienced nursing staff. The staff that does find work in these facilities is quickly overwhelmed by the sheer volume of tasks. For example, a bed sore can form in as little as two hours. If nursing staff is even slightly overworked, they can fail to turn a resident in time, leading to frightful pressure ulcers.
- Untrained or inexperienced staff is often hired to fill in the gaps, but these nurses may cause more harm than good. Mistakes can and do happen during training. But other times, a staff member can be a danger to the community, either due to laziness or even a malicious desire to cause harm.
For a free legal consultation with a Nursing Home Abuse lawyer serving Tucker, call (678) 823-7678
My loved one was hurt in a Tucker nursing home- What do I do next?
If your loved one was severely injured or passed away at a Tucker, 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 (DCH) is Georgia’s regulatory arm for nursing homes throughout the state. The division of the DCH that is tasked with investigating complaints against nursing homes is the Healthcare Facility Regulation (HFR).
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
Georgia has in place a program which helps mediate disputes between local nursing home facilities and elderly residents and their families. The program, known as the Georgia Office for the Long-Term Care Ombudsman, is an important resource at your disposal to help stop the abuse or neglect from continuing.
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:
Western Region –Georgia Long-Term Care Ombudsman Program
1743 Hardin Avenue
College Park, GA 30337-2059
Telephone: (678) 378-2934
Fax: (404) 768-8512
You may report physical assault or abuse to local law enforcement
You have every right to file a criminal complaint against a nursing home or nursing home staff if you suspect physical abuse, assault, or rape of a loved one. In Tucker, GA, you have the option of contacting the local sheriff, local police department, or the DA’s office.
Abuse by any nursing home in Tucker, GA should be reported to the DeKalb County Police Department – Tucker or to the DeKalb County Sheriff.
DeKalb County Police Department – Tucker
4451 Lawrenceville Hwy,
Tucker, GA 30084
Telephone: (678) 937-5301
DeKalb County Sheriff’s Office
4415 Memorial Dr.
Decatur, GA, 30032
Telephone: (404) 298-8100
Stone Mountain Judicial District DA’s Office
556 N McDonough St, Ste 700
Decatur, GA, 30030
Telephone: (404) 371-2561
Find another facility for your loved one.
When a family discovers that a nursing home is neglecting or even abusing a loved one, helping that loved one escape their situation becomes the number one priority. And at Schenk Smith, we share that same priority with your family.
There are many resources available to help you find a better nursing facility in your local area. One of the tools we find most effective is Medicare.gov’s Nursing Home Compare tool. If you’d like, you can click here to go to the Nursing Home Compare Website.
For your convenience, a list of all nursing homes located within Tucker, Georgia is located below, along with their contact information and inspection scores.
Get the medical records from the hospital and the nursing home.
Medical records can make or break your case against the nursing home. In some cases, it may be the only hard evidence you have proving that injuries were sustained while under the watch of nursing home staff. Therefore, attaining these records is the single most important action a family can take to ensure a just outcome in an upcoming trial.
Do not expect the nursing home to provide any information that could help you access these documents. They will likely keep their own records closely guarded unless a court orders their release.
To make matters more difficult, you will need guardianship powers over your loved one to access their medical records. If your loved one is incapacitated or unable to confirm those powers, the process may take time to complete.
If your loved one was injured in a nursing home near Tucker, GA, then nursing staff may have taken him or her to a number of nearby hospitals. We suggest making inquiries at all of them. Just make sure to bring the necessary paperwork proving power of attorney over your loved one.
Hospitals you may wish to contact include:
Begin the probate process if your loved one has passed away.
In the unfortunate event that your loved one has passed away while in the care of a nearby nursing home facility, you will need to approach DeKalb County’s probate court to prepare an estate under their name. This is the only way that your family can press charges or file a lawsuit against the nursing home that allegedly caused the injuries which led to your loved one’s death.
In order to create an estate under your loved one’s name, you will need to sit down with your family and identify an individual who will act as Executor or Administrator of the estate. This administrator is then allowed to manage the affairs of the deceased, and even hire an attorney in the deceased’s name to help him or her seek justice for his or her wrongful death.
We’ve provided the contact information for DeKalb County’s probate courts to help you get started. If you’d like assistance, please contact Schenk Smith to set up a free consultation.
Click here for the Probate Court of DeKalb County
DeKalb County Probate Court
445 N. McDonough St
Decatur, GA 30030
Tucker Nursing Home Abuse Lawyer Near Me (678) 823-7678
Nursing Homes in Tucker, Georgia
Are you overwhelmed by the idea of looking for a new nursing home? If so, we’re happy to help steer you in the right direction. Below you’ll find nursing homes in the local area, which is provided to you for free through the CMS Nursing Home Compare Website.
| Grace Healthcare of Tucker 2165 Idlewood Road Tucker, GA 30084 | Overall Rating: 1 out of 5 (Much Below Average) Number of Beds: 136 Number of Residents: 112 RN hours per resident per day: 27min (GA Avg: 34min) |
| Health Inspection Rating: 1 out of 5 (Much Below Average) Staff Rating: 2 out of 5 (Below Average) Quality Measure Rating: 3 out of 5 (Average) Most Recent Health Inspection Date: 06-22-2017 Number of Health Citations: 10 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting in citation: 2 Federal fines in previous 3 years: 1 ($10,000 on 09-24-2015) | |
| Meadowbrook Health and Rehab 4608 Lawrenceville Tucker, GA 30084 | Overall Rating: 1 out of 5 (Much Below Average) Number of Beds: 144 Number of Residents: 123 RN hours per resident per day: 19min (GA Avg: 34min) |
| Health Inspection Rating: 2 out of 5 (Below Average) Staff Rating: 1 out of 5 (Much Below Average) Quality Measure Rating: 2 out of 5 (Below Average) Most Recent Health Inspection Date: 11-09-2017 Number of Health Citations: 4 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting in citation: 10 Federal fines in previous 3 years: 0 | |
| Briarwood Health and Rehabilitation Center 3888 Lavista Road Tucker, GA 30084 | Overall Rating: 2 out of 5 (Below Average) Number of Beds: 100 Number of Residents: 93 RN hours per resident per day: 28min (GA Avg: 34min) |
| Health Inspection Rating: 2 out of 5 (Below Average) Staff Rating: 3 out of 5 (Average) Quality Measure Rating: 4 out of 5 (Above Average) Most Recent Health Inspection Date: 09-21-2017 Number of Health Citations: 6 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting in citation: 4 Federal fines in previous 3 years: 0 | |
Click to contact our nursing home abuse lawyers today
Why Choose Schenk Smith as your Nursing Home Lawyers?
If you’re looking for a reliable, experienced nursing home lawyer with a proven record of helping Georgia families fight back against nursing home neglect and abuse, then look no further than Schenk Smith LLC.
Millions in verdicts and settlements for Georgia families: Within a period of just two years, our attorneys have successfully turned over millions of dollars in settlement cash to local Georgia families and their loved ones.
Hundreds of blogs and videos to help educate our community on elder abuse: Our attorneys have spent countless hours creating a detailed library of educational articles and videos which Georgia’s residents can access for free at any time.
Highest rated elder abuse law firm in Georgia: We have been reviewed more times on Google than any other Georgia law firm specializing in elder abuse, the vast majority of which is 5-star rated.
If your loved one was injured or died in a Tucker, 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.
Call or text (678) 823-7678 or complete a Free Case Evaluation form
