The high rates of neglect and abuse in nursing homes are deeply troubling. When facilities cut costs, quality of care suffers. This website is designed as a resource to guide you if someone you love has been injured due to abuse or neglect in a long-term care facility. Feel free to call us as well to discuss the details of your specific situation.
If a facility employee has caused an injury to your loved one, they are guilty of nursing home abuse or neglect. Abuse occurs when an employee of the nursing home knowingly harms a resident, either physically, financially, emotionally, or sexually. Neglect, in contrasts, stems from an employee failing to do something that would have protected a resident from harm. Whether they suffered abuse or neglect, your loved one’s rights were violated.
The nursing home was negligent. Can I sue?
If the facility’s negligence has harmed someone you love, it may be time to consider legal action. You may wish to file a lawsuit upon learning that the facility does not want to settle following negotiation. When you file a lawsuit, your attorney will fight for you to receive compensation for your loved one’s suffering, and the court will mandate that you are paid this amount if the suit is successful.
If you decide you are ready to file a lawsuit, you will need to be authorized to act on your loved one’s behalf if you aren’t already. you will need to file paperwork to in order to be eligible to file a lawsuit. This will take the form of power of attorney, guardianship, or conservatorship.
Should you decide to file a lawsuit, we are dedicated to getting you the compensation your loved one deserves.
Is filing a lawsuit my only option?
In some cases, lawsuits will not be the best option for getting results for your loved one. Taking a claim to court can be time-consuming and expensive. Since both parties assume risk in a lawsuit, achieving a financial settlement may be preferable in some instances.
Still, many nursing homes will fight claims of abuse and neglect to the bitter end, denying their role in residents’ injuries. It often takes a lawsuit—or at least the threat of one—for restitution to occur.
We are Schenk Smith, your Clarkston nursing home lawyers.
Do you suspect that your loved one is being mistreated in a nursing home? On this website, you’ll find copious information about cases of neglect in long-term care facilities. We have an expansive library of video FAQs as well as episodes of a video podcast and a blog that go into greater depth on current issues in nursing homes. Abuse and neglect in nursing homes is the only area handled by our firm.
We are passionate about protecting the rights of your loved one. Our founding attorney Schenk Firm brings firsthand knowledge of nursing home environments from the near decade he spent as a CNA in facilities throughout the state. Whether you live near the Margaret Mitchell House and Museum, the Panola Mountain State Park, and the Braves Museum and Hall of Fame, we’re here for you.
Nursing Home Abuse & Neglect in Clarkston, Georgia – What you need to know.
Clarkston, Georgia is located in Dekalb County and has a population of 12,594 residents. Of those, 3.5% are aged 65 and older. Like other cities in Georgia, Clarkston is not immune from cases of nursing home neglect and abuse.
My loved one is still at the nursing home- Is she at risk?
It may not always be possible to move a resident to a new facility immediately when you suspect that he or she is being abused or neglected by someone at a nursing home. There may not be an available place for your loved one, or other facilities may be too far away. Also, moving is a major life disruption, which can be upsetting for people of advanced age.
So what do you do if you’re stuck with the current facility for the time being? Many people worry that if the suspected abuse or neglect is reported, their loved one will be singled out and potentially treated even more poorly as a result. In fact, not reporting cases of harm is the leading reason why abuse and neglect continue. When a facility knows that you are keeping a close eye on their staff and potentially getting legal counsel, they will take action to resolve the problem.
What makes a nursing home resident a fall risk?
Although all people of advantage are at greater risk of falling than the general population, some residents are particularly likely to be fall risks. Residents with low vision and poor balance or coordination will often need mobility aids and/or guidance from staff when moving throughout the facility, using the bathroom, etc. Some residents suffer from dizziness, which can also lead to falls. Residents who have cognitive disorders such as dementia may wander away from a nursing home without being noticed. Outside of the controlled environment of the facility, they will be at a much greater risk for falling as well.
What is a good website to learn more about this nursing home?
When considering a long-term care facility for your loved one, you’ll be best served by doing some research—both in person and online. The Nursing Home Compare Website created by the Centers for Medicare and Medicaid Services (CMS) compares all facilities in the United States that receive federal funding. You can learn many specifics about a given nursing home from this site, among them inspection ratings and nurse-to-resident ratio.
For a free legal consultation with a Nursing Home Abuse lawyer serving Clarkston, call (678) 823-7678
My loved one was hurt in a Clarkston nursing home – What do I do next?
If your loved one was severely injured or passed away at a Clarkston, 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
Ombudsmen are trained to resolve conflicts between nursing homes and residents. They are authorized and trained to enter nursing homes at the request of either party to help mediate when there is a dispute.
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 Avenue
College Park, Georgia 30337-2059
Telephone: (678) 378-2934
Fax: (404) 768-8512
You may also report physical assault or abuse to local law enforcement
If someone you love has been neglected or abused in a nursing home, you may want to file a police report. If the facility is found guilty of the injury to the resident, the Stone Mountain Judicial District Attorney’s Office may bring criminal charges against them.
For abuse occurring in a Clarkston, Georgia nursing home, report the crime to the City of Clarkston Police Department or to the Dekalb County Sheriff’s Department.
City of Clarkston Police Department
East Ponce de Leon Avenue
Clarkston, GA 30021
Telephone: (404) 292-9465
Dekalb County Sherriff’s Department
4415 Memorial Drive
Decatur, GA 30032
Telephone: (404) 298-8100
Stone Mountain Judicial District Attorney’s Office
556 N McDonough St, Ste 700
Decatur, GA 30030
Telephone: (404) 371-2561
Find another facility for your loved one.
If your loved one feels unsafe in a facility, you will likely wish to relocate them if you can. Search for a facility that has high inspection scores, takes Medicare and Medicaid, and is located in a safe and convenient area. The Centers for Medicare and Medicaid Services (CMS) provide a website to help you compare every facility in the country that is federally funded. This comprehensive resource offers details on criteria such as nurse-to-patient ratios and staff quality.
Click here to go to the Nursing Home Compare Website.
For your convenience, a list of all nursing homes located within Clarkston, Georgia is located below, along with their contact information and inspection scores.
Get the medical records from the hospital and the nursing home.
If a resident was injured at a nursing home in Clarkston, Georgia, they were probably treated at an area hospital. File a formal request with the medical records request department for hospitals in the Clarkston area using the following information:
- DeKalb Medical North Decatur, (404) 501-1000
- Emory Hospital, (404) 778-9729
- Grady Memorial, (404) 616-1000
Begin the probate process if your loved one has passed away.
When an individual dies, they still have rights. If your loved one suffered a wrongful death due to nursing home abuse, a family member can act on their behalf as the administrator, or executor, of their estate. To establish an estate, you’ll need to petition the probate court in the county where your loved one passed away.
An executor makes legal decisions on behalf of the deceased. This person is most commonly a spouse or close relative. If you have not already designated a person in your family to be the executor, you will need to do so now.
Click here to begin the probate process with the Dekalb County Probate Court.
Dekalb County Probate Court
556 N. McDonough St
Decatur, GA 30030
Telephone: (404) 371-2000
Clarkston Nursing Home Abuse Lawyer Near Me (678) 823-7678
Nursing Homes in Clarkston, Georgia
The quality of care in different long-term care facilities can vary considerably. The following is a list of nursing homes in the Clarkston, Georgia area, along with details on each. This information is taken from CMS’ Nursing Home Compare Website.
| North Decatur Health and Rehabilitation Center
2787 North Decatur Road Decatur, GA 30033 |
Overall Rating: 4 out of 5 (Above Average)
Number of Beds: 73 Number of Residents: 66 RN hours per resident per day: 26min (GA Avg: 34min) |
| Health Inspection Rating: 3 out of 5 (Average)
Staff Rating: 3 out of 5 (Average) Quality Measure Rating: 5 out of 5 (Much Above Average) Most Recent Health Inspection Date: 01-25-2018 Number of Health Citations: 0 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting in citation: 0 Federal fines in previous 3 years: 0 |
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| 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 |
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Why Choose Schenk Smith as your Nursing Home Lawyers?
You’ve got no shortage of choices when it comes to finding a lawyer to handle your nursing home abuse or neglect case. Why should you pick us?
- We Know This Subject Inside and Out. If you choose us as your attorneys in a case of neglect or abuse, you’ll have access to our deep knowledge of this particular area of the law. Our firm is somewhat unusual in that we focus only in this one specific area. Thus, we are able to stay on the pulse of recent changes in the law.
- Our Client Satisfaction Is High. Our customers often say that we treat them like a family member. We know how painful cases of neglect and abuse can be, and we are dedicated to putting you at ease and getting results for you. Check out some of our reviews to learn more. We have the strongest Google reviews of any nursing home abuse law firm in the Atlanta area.
- We Are Educators as Well as Lawyers. In addition to being attorneys, we educate the public about issues of abuse and neglect through our weekly Nursing Home Abuse Podcast and have been awarded Rising Stars designation for our advocacy. In addition to legally defending you and your loved ones, we disseminate information about the needs of nursing home residents to the greater community.
If your loved one was injured or died in a Clarkston, 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