Has your loved one suffered from neglect or abuse at a Dalton nursing home? If so, know that they are not alone. Both neglect and abuse occur quite often in Georgia nursing homes. This is why at Schenk Smith we have dedicated all of our efforts towards helping elderly residents fight back against nursing homes that have committed malpractice. After you’ve checked out our website, please contact us so that we can discuss your case. We’re here to help you.
Neglect is usually an unintentional act that is done by a staff member which results in the resident being injured. When a staff member fails to follow the diet set forth by a resident’s physician, then that staff member has committed an act of neglect. Abuse though is an intentional act done by a staff member or a resident with the intent to harm. Neither abuse or neglect should ever be condoned.
The nursing home hurt my loved one – Should I file a lawsuit?
If your loved one was hurt as a result of nursing home neglect or abuse, then it is within their right (or yours if they’re uncapable of representing themselves) to file a lawsuit. If you wish to file a lawsuit on behalf of your loved one, you will need a power of attorney in order to file suit on their behalf. This is why it is important to retain a nursing home attorney, if you suspect your loved one is suffering from nursing home abuse.
Nursing homes are required to provide a reasonable standard of care under Georgia law. This means that nursing homes are required to provide a safe and hazard free environment, along with adequate care that keeps residents safe. When they fail to do so, then they may be liable for any injuries that may result from their neglect or abuse.
How do I afford a nursing home lawyer?
Some attorneys will work off an hourly fee, which can prove to be costly. This is why it is best to retain an attorney who works off a contingency fee. When an attorney works off a contingency fee, they won’t be paid an agreed upon amount, until the verdict or settlement reached is in your favor.
When a case goes to trial, there can be court fees as well as fees for the opinions of medical experts, which can be costly. If you have an attorney working off a contingency fee, then they will cover these costs for you, and will recoup their payments after the trial is over. This is why it is important to retain an attorney who essentially has ‘skin in the game’. An attorney working off a contingency fee is guaranteed to give you their best effort, because their payment is dependent on an outcome in your favor.
We are Schenk Smith, your Dalton nursing home lawyers.
At Schenk Smith, we are completely dedicated to helping elderly residents who have suffered from some form of nursing home abuse or neglect. We do not represent any other type of client, nor do we practice any other type of law. We focus solely on helping elderly residents recoup what is rightfully theirs.
Our passion for nursing home cases comes from our founding attorney Schenk Firm. Before becoming an attorney, Schenk Firm served as a Marine, and as a CNA in Georgia nursing homes for nearly a decade. His discipline and passion resonates throughout our firm, which is why we are so passionate about nursing home law.
When you visit our website, you will come across plenty of resources to assist you in your efforts. We have many videos, podcast episodes, and blog articles which are all dedicated to nursing home law. After you’ve checked out our resources, 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 the Dug Gap Battle Park, the Chattanooga African-American Museum, or the Crown Gardens and Archives, we’ve got you.
Nursing Home Abuse & Neglect in Dalton, Georgia – What you need to know.
Dalton, Georgia is located in Whitfield County, and has a population of 33,653 residents. Of those residents, 11% are aged 65 and older. Like in other nursing homes around the state of Georgia, neglect and abuse occur frequently.
Are there specific symptoms of neglect?
Neglect occurs often in nursing homes. The most common signs of neglect include:
- Poor Hygiene
- Malnutrition
- Unexplained Injuries
- Changes in Behavior
- Unsafe/Unsanitary Living Conditions
These common signs of neglect will usually stem from a nursing home not hiring enough staff, or hiring the wrong type of staff. In order to take care of elderly residents, nursing homes need to hire a full staff of caregivers who are adequate enough to take care of elderly residents. Caregivers who take care of elderly residents need to have a ton of patience and knowledge in order to properly care for the elderly. When they fail to do have either, neglect will often occur.
What are the most typical injuries?
There are plenty of injuries that occur in nursing homes. The most common injuries that occur are:
- Cuts
- Welts
- Bruises
- Bleeding
- Broken Bones
- Bedsores
All of these injuries can stem from nursing home neglect. When a nursing home hires a staff that doesn’t know how to properly supervise the elderly, then those residents will often be left susceptible to injuries. If a resident who struggles to walk on their own needs to use the restroom, but there aren’t enough caregivers to assist that resident, then that person may take it upon themselves to go to the restroom on their own. This leaves the resident susceptible to falls, which can lead to bruising, broken bones, or something even worse.
The same applies to abuse. When physical or sexual abuse takes place, residents will suffer physical injuries such as bruising, broken bones, or bleeding. If you suspect of any potential neglect or abuse, it is important to contact a nursing home attorney immediately.
Why would a nursing home commit neglect?
Nursing home neglect will usually stem from a nursing home’s failure to hire the right staff. Under Georgia law, nursing homes are required to provide a reasonable standard of care, which means a full staff of adequate caregivers.
Elderly residents need a lot of specialized care and supervision. They require assistance with all of their day to day activities, which requires a ton of patience. When a staff member is not trained enough to treat elderly residents, they may lose patience which will often lead to neglect or abuse. Another typical sign of neglect is when residents fail to follow specialized procedures that a resident needs, which are usually established by a resident’s physician. Failure to follow specialized procedures can then lead illnesses and diseases which can prove to be dire.
For a free legal consultation with a Nursing Home Abuse lawyer serving Dalton, call (678) 823-7678
My loved one was hurt in a Dalton nursing home – What do I do next?
If your loved one has been injured, abused, or has passed away at a Dalton, 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 which is a division of the Georgia Department of Community Health, investigates cases of nursing home neglect and abuse against elderly residents. This division also regulates and certifies 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
Another route to take is through the Georgia Office of the Long-Term Care Ombudsman. The Ombudsman group aims 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.
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 assaulted at a Dalton nursing home and has suffered injuries, 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: Conasauga Judicial District.
For abuse occurring in a Fairview, Georgia nursing home, report the crime to the Police Department of Dalton, Georgia or the Whitfield County Sheriff.
Police Department of Dalton, Georgia
301 Jones St
Dalton, GA 30720
Telephone: (706) 278-9085
Whitfield County Sheriff’s Office
805 Professional Blvd
Dalton, GA 30720
Telephone: (706) 278-1233
Whitfield County District Attorney’s Office
205 N Selvidge St
Dalton, GA 30720
Telephone: (706) 876-1300
Find another facility for your loved one.
If your loved one is currently suffering from neglect or abuse at a Dalton nursing home, then it is in your best interest to find a new facility for them. When you begin your search for a new facility, it is important to conduct walkthroughs. During these walkthroughs, it is important to ask as many questions as possible, in order to get a feel for the facility and the staff. The Nursing Home Compare website, which is operated by The Centers for Medicare and Medicaid (CMS) is 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.
Click here to go to the Nursing Home Compare Website.
For your convenience, a list of all nursing homes located in Dalton, 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 Dalton 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 broken bone due to a slip and fall over a wet floor, the nursing home will likely try to claim that the bone was broken before the fall, even if the medical records show that wasn’t the case.
To help protect your loved one’s rights, you’ll need their medical records which will show valuable information about 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 Dalton 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”. For the lawsuit to 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 currently dealing with this situation, 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.
Click here for the Probate Court of Whitfield County.
Whitfield County Probate Court
205 N Selvidge St, Ste. G
Dalton, GA 30720
Dalton Nursing Home Abuse Lawyer Near Me (678) 823-7678
Nursing Homes in Dalton, Georgia
Every nursing home is different, as each have their own pros and cons. Below are the nursing homes located in Dalton, Georgia, along with relevant information about them. This information is taken from CMS’ Nursing Home Compare Website.
| Regency Park Health And Rehabilitation 1212 Broadrick Drive | Overall Rating: 4 out of 5 (Above Average) Number of Beds: 100 Number of Residents: 89.5 RN hours per resident per day: 26min (GA Avg: 24 min) |
| Health Inspections Rating: 4 out of 5 (Above Average) Staff Rating: 4 out of 5 (Above Average) Quality Measure Rating: 4 out of 5 (Above Average) Most Recent Health Inspection Date: 01-26-2018 Number of Health Citations: 8 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 | |
| Wood Dale Health And Rehabilitation 1102 Burleyson Road | Overall Rating: 3 out of 5 (Average) Number of Beds: 82 Number of Residents: 78 RN hours per resident per day: 28min (GA Avg: 24 min) |
| Health Inspections Rating: 2 out of 5 (Below Average) Staff Rating: 4 out of 5 (Above Average) Quality Measure Rating: 4 out of 5 (Above Average) Most Recent Health Inspection Date: 02-09-2017 Number of Health Citations: 6 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 | |
| Ridgewood Manor Health And Rehabilitation 1110 Burleyson Drive | Overall Rating: 3 out of 5 (Average) Number of Beds: 102 Number of Residents: 96.7 RN hours per resident per day: 22min (GA Avg: 24 min) |
| Health Inspections Rating: 3 out of 5 (Average) Staff Rating: 3 out of 5 (Average) Quality Measure Rating: 4 out of 5 (Above Average) Most Recent Health Inspection Date: 10-19-2017 Number of Health Citations: 4 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 | |
| Quinton Mem HC & Rehab Center 1115 Professional Blvd | Overall Rating: 3 out of 5 (Average) Number of Beds: 120 Number of Residents: 112.6 RN hours per resident per day: 20min (GA Avg: 24 min) |
| Health Inspections Rating: 3 out of 5 (Average) Staff Rating: 3 out of 5 (Average) Quality Measure Rating: 4 out of 5 (Above Average) Most Recent Health Inspection Date: 10-05-2017 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 | |
Click to contact our nursing home abuse lawyers today
Why Choose Schenk Smith as your Nursing Home Lawyers?
When you first begin your search for an attorney, you will encounter plenty of options to choose from. Even though you have many options, we would like for you to consider us as the top choice. Here are a couple reasons why we think we’d be the best fit to represent you and your loved ones:
- Resourceful: When you visit our website, you will encounter over 200 videos, over 100 podcast episodes, and plenty of blog articles that are all dedicated to nursing home law. Our attorneys also attend and lead legal education seminars that are dedicated to nursing home law.
- Sole Focus: We only practice and focus on nursing home law. Focusing one particular area of law, allows us to be more knowledgeable on any changes in law that may pertain to nursing home cases. This singular focus and approach, has been successful for our clients, as we’ve had millions in verdicts and settlements for our clients in the past two years.
- Award Winning: Our attorneys have been selected as Georgia Super Lawyer Rising Stars. This is just one of many 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.
If your loved one was injured or died in a Dalton, 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