If your loved one has suffered from neglect or abuse at a Dahlonega nursing home, know that they are not alone. Abuse and neglect occur quite often in various nursing homes. This is why at Schenk Smith we have dedicated all of our efforts towards helping elderly residents who have suffered from some form of nursing home abuse or neglect. After you’ve had the chance to visit our site, please give us a call so that we can discuss your case. We’re here to help you.
Both neglect and abuse occur quite often. Neglect is usually an unintentional act that results in a resident being injured. For example, neglect will occur if a nursing home staff member fails to follow the diet set forth by a resident’s physician. Abuse on the other hand is an intentional act done with the intent to harm. For example, a nursing home staff member can physically or verbally attack a resident, which is a form of abuse. The same can occur between residents as well. Neither abuse or neglect should ever be tolerated.
The nursing home injured my loved one – Can I file a lawsuit?
Under the 1987 Nursing Home Reform Act, nursing home residents have the right to be free from physical abuse, which means that nursing homes have a legal duty to protect their residents from abuse. So if your loved one was injured due to some form of physical abuse, then you may be able to pursue a lawsuit on behalf of your loved one. Georgia law requires nursing homes to provide a reasonable standard of care, so when your loved one is injured, the nursing home may be held liable.
The same applies if your loved one was injured due to nursing home neglect. Nursing homes are required to hire a full staff of fully trained nurses who are well equipped to take care of elderly residents. If a nursing home fails to hire enough staff, or fails to hire the right staff that is unable to provide adequate care to elderly residents, then the end result will usually be with your loved one being injured. If that is the case, the nursing home may be held liable, and you may be able to pursue a lawsuit.
How much will it cost me to sue the nursing home?
Usually suing a nursing home will require plenty of fees, as well as an hourly rate for your attorney. Which is why getting an attorney who works off a contingency fee is the best way to go. An attorney who works off a contingency fee, will get paid an agreed amount percentage after trial as long as a verdict or settlement is reached in your favor.
During a lawsuit, you will also have to pay court fees, and any other fees for medical experts opinions and testimonies. If you hire an attorney who’s working off a contingency fee, then they will cover these costs for you, and will recoup these payments after the trial is over.
Hiring an attorney on a contingency fee is a great method to use, because that attorney will have ‘skin in the game’. Since their payment will be dependent on the outcome of your case, you’re pretty much guaranteed that all of their efforts and skills will be completely dedicated in making sure the outcome of the case is in your favor.
We are Schenk Smith, your Dahlonega nursing home lawyers.
At Schenk Smith we are 100% dedicated towards helping elderly residents who have suffered from nursing home abuse or neglect. We do not practice any other form of law, nor are we interested in representing any other type of client.
The passion that resonates throughout our firm comes from our founding attorney Schenk Firm. Besides being a top notch attorney, and a Marine, Schenk Firm was a CNA in nursing homes around Georgia for a decade, before becoming an attorney. His discipline and passion has established the foundation at Schenk Smith.
When you visit our site, you will come across plenty of videos, podcast episodes, and blog articles. All of these tools are dedicated towards helping elderly residents and their loved ones who are pursuing a lawsuit against a nursing home. Once you’ve had the chance to visit our site, please give us a call so that we can schedule you a free consultation so that we can discuss your case. It doesn’t matter where you live by. Whether you’re by Lake Zwerner, Cane Creek, or Chestatee River, we’ve got you.
Nursing Home Abuse & Neglect in Dahlonega, Georgia – What you need to know.
Dahlonega, Georgia is located in Lumpkin County, and has a population of 6,196 residents. Of those residents, 15% are aged 65 and older. Like in other nursing homes around the state of Georgia, neglect and abuse occur frequently.
How do I spot the signs of abuse?
Unfortunately abuse occurs quite often in nursing homes. There are four common types of abuse that occur, which are:
- Physical
- Psychological/Emotional
- Sexual
- Financial
The most common form of abuse is physical. The signs that will usually point to some form of physical abuse usually are:
- Cuts/Welts
- Bruising
- Bleeding
- Broken Bones
If your loved one has one of these injuries and is hesitant to say what it was the result of, then chances are they stem from some form of physical abuse, whether it was from a nursing home staff member or another resident.
Psychological and emotional abuse are bit more difficult to spot. Sings for these are often difficult to spot. When you notice an unexplained change in behavior of your loved one, when you see them depressed, and isolating themselves from others, then psychological or emotional abuse may have been occurring. Sexual abuse is another type of abuse that is difficult to spot. Which is why it is important to try and detect any behavioral changes early on, in order to stop the abuse right in its tracks.
Financial abuse can usually be spotted when your loved one’s personal belongings continue to disappear. If this continues to occur, then chances are either a staff member or another resident is stealing from them.
What types of injuries happen most often in nursing homes?
The injuries mentioned above are typically the most common that occur in nursing homes, because these can stem from either abuse or neglect. When a staff member or another resident is physically abusive towards your loved one, then the end result may end up being a cut, welt, some type of bruising, bleeding, and sometimes even broken bones.
These same injuries can also occur from neglect. When a staff member fails to clean or change medical equipment, or simply isn’t trained enough to help elderly residents, then the end result may end up in them being injured. The same happens when nursing homes fail to hire enough staff, which leaves residents without supervision. When this occurs, residents may try to take matters into their own hands, which can result in them being injured.
Another common injury that occurs in nursing homes are bedsores, or otherwise known as pressure ulcers. Some elderly residents are immobilized, so if they stay in the same position in either a chair or a bed, depending on their position, they may form bedsores. This usually happens when a nursing home fails to hire an adequate staff, or simply fails to hire enough staff.
Why does this type of abuse happen?
It’s hard to say why abuse happens. When the abuse comes from a nursing home staff member, it usually is due to that staff member not being properly trained, or simply not being a good fit to take care of elderly residents. Taking care of elderly residents requires a lot of attention and patience. These residents require assistance in every aspect of their day to day lives.
When a nursing home hires staff members who lack patience or the wherewithal to properly provide a reasonable standard of care, they may grow frustrated with certain residents, and act out in a physical manner that is usually abusive.
Resident to resident abuse is another form of abuse that occurs quite often in nursing homes. When it does occur, the nursing home may be held liable. Nursing homes are required to conduct assessments on each and every resident, in order to see which ones are prone to violence. When those residents are spotted, the nursing home can implement proper safety measures to protect that resident as well as the others. Failure to conduct assessments, will leave the nursing home liable.
For a free legal consultation with a Nursing Home Abuse lawyer serving Dahlonegaa, call (678) 823-7678
My loved one was hurt in a Dahlonega nursing home – What do I do next?
If your loved one has been injured, abused, or has passed away at a Dahlonega, 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 division, which is part of the Georgia Department of Community Health, 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 option to consider. The Ombudsman group consists of a group of individuals who are dedicated towards resolving cases of nursing home abuse and neglect against elderly residents. They are also authorized under Georgia law to enter nursing homes and ask questions.
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:
Northern Region – Georgia Long-Term Care Ombudsman Program
4080 Mundy Mill Road
Oakwood, GA 30566
Telephone: (770) 538-2685
Fax: (770) 538-2696
You may report physical assault or abuse to local law enforcement
If your loved one has been injured due to an assault at a Dahlonega nursing home, then we 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: Enotah Judicial District.
For abuse occurring in a Dahlonega, Georgia nursing home, report the crime to the Police Department of Dahlonega, Georgia or the Lupmkin County Sheriff.
Police Department of Dahlonega, Georgia
385 E Main St
Dahlonega, GA 30533
Telephone: (706) 864-0414
Lumpkin County Sheriff’s Office
385 E Main St
Dahlonega, GA 30533
Telephone: (706) 864-0414
Lumpkin County District Attorney’s Office
325 Riley Rd, Ste. 236
Dahlonega, GA 30533
Telephone: (706) 864-6754
Find another facility for your loved one.
If your loved one is currently suffering, or has suffered from some form of abuse or neglect at a Dahlonega nursing home, then it is in your best interest to seek a better suited facility for them. When you begin your search and have pinpointed a couple potential facilities, it is important to conduct walkthroughs. During these walkthroughs it is imperative that you ask as many questions as possible, in order to get a feel for the facility and the staff itself. Another tool you should use is the Nursing Home Compare website which is operated by The Centers for Medicare and Medicaid (CMS). This site has ratings for every nursing home in the county that accepts federal funding. Each rating is based off of several factors including, nurse-to-resident ratio, quality, and inspection scores.
Click here to go to the Nursing Home Compare Website.
For your convenience, a list of all nursing homes located in Dahlonega, 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 has been injured at a Dahlonega nursing home, it is important that you obtain their medical records immediately. Nursing homes will usually stop at nothing to place the blame of the injury on your loved one, as oppose to accepting responsibility. For example, if your loved one slips and falls over a wet surface and breaks a bone, the nursing home will most likely claim that the bone was broken before the fall, even if the evidence indicates that wasn’t the case.
To help protect your loved one’s rights, you need to obtain their medical records, as those will have valuable information on who the primary physician was, as well as pertinent information on the hospital visit itself. It is also important to obtain the medical records of the nursing home, since those will sometimes show signs of neglect or abuse.
State and federal 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, a healthcare directive, or guardianship paperwork.
If your loved one has been injured at a Dahlonega 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 the Estate. For example, the plaintiff will go from “John Doe” to “The Estate of John Doe”. Before the lawsuit can be filed, the Estate will first need to be established. This means that 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, it is imperative to setup the Estate immediately. When doing so, you will need to appoint a personal representative, who is often called 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.
Click here for the Probate Court of Lumpkin County.
Lumpkin County Probate Court
325 Riley Rd, Ste. 122
Dahlonega, GA 30533
Dahlonegaa Nursing Home Abuse Lawyer Near Me (678) 823-7678
Nursing Homes in Dahlonega, Georgia
Every nursing home has their own pros and cons, which makes them each different from the other. Below are the nursing homes located in Dahlonega, Georgia, along with relevant information for each one. This information is taken from CMS’ Nursing Home Compare Website.
| Chelsey Park Health And Rehabilitation 200 Mountain Park Drive | Overall Rating: 5 out of 5 (Much Above Average) Number of Beds: 60 Number of Residents: 51.1 RN hours per resident per day: 42min (GA Avg: 24 min) |
| Health Inspections Rating: 5 out of 5 (Much Above Average) Staff Rating: 4 out of 5 (Above Average) Quality Measure Rating: 2 out of 5 (Below Average) Most Recent Health Inspection Date: 05-07-2017 Number of Health Citations: 0 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 | |
| Gold City Health And Rehab 222 Moore Drive | Overall Rating: 1 out of 5 (Much Below Average) Number of Beds: 102 Number of Residents: 92.3 RN hours per resident per day: 20min (GA Avg: 24 min) |
| Health Inspections 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: 06-22-2017 Number of Health Citations: 5 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: 2 ($20,226 fine on 06-04-2015; $34,417 fine on 12-07-2015) | |
Click to contact our nursing home abuse lawyers today
Why Choose Schenk Smith as your Nursing Home Lawyers?
When you begin your search for an attorney, you will come across plenty of options to choose from. But we would like for you to consider us as the best choice to represent you and your loved ones. Here are a couple reasons why we think we’d be a great fit:
- Resourceful: When you visit our site, you will encounter over 200 videos, plus countless podcast episodes and blog articles. All of our tools are dedicated strictly to nursing home law. Our attorneys also attend and lead legal education seminars dedicated to nursing home cases.
- Highly Established: Schenk Smith is the best Google reviewed law firm in Georgia that focuses on nursing home cases. Our attorneys have also been selected as Georgia Super Lawyer Rising Stars. These are just a couple reasons why our clients hold us in high regards. If you don’t believe us, just take a look at some of our client testimonials, and see for yourself why we’d be a great fit to represent you.
- Singular Focus: We do not practice any other form of law, nor are we interested in doing so. Even though we offer everyone a free consultation, we are very selective with the cases we choose. But this means that we are ready and willing to see your case all the way to trial. We are successful in our efforts as we’ve had millions in verdicts and settlements in the past two years.
If your loved one was injured or died in a Dahlonega, 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