Macon Nursing Home Abuse Lawyer

Abuse and neglect should never be tolerated in any nursing home, but unfortunately it occurs quite frequently. Know that there are better options available. Our website was developed with a ton of information that can help you and your loved ones fight against neglect and abuse. Even though our site has over 200 videos with solutions, we suggest and encourage you to give us a call. We’re here to help.

Neglect often occurs when nurses and nursing homes fail to follow procedures that were established by the residents physician. Once the actions of the providers has fallen below a reasonable standard of care, neglect has occurred. Abuse is a serious offense in which an intentional act has happened with the intent to harm a resident. This can occur from the nursing home staff or another fellow resident.

Why File a lawsuit?

A lawsuit will be filed when a claim goes to court. When a nursing home is acting negligent or committing some form of abuse, it is within that resident’s right to pursue a lawsuit. No form of neglect or abuse should be tolerated. Nursing homes are required by law to provide adequate care that avoids neglect and abuse. When this is breached, you have the right to sue.

Before a lawsuit occurs, a claim must happen. A claim begins with a demand package, which is prepared by an attorney. This is simply a summation of the facts, which includes all relevant documents and evidence available. This package lays out the strengths of the case, and previews for the nursing home what a lawsuit may look like. The demand package will also contain a demand for a specific amount of money in order to settle the claim. If the nursing home agrees to this settlement, than the lawsuit won’t be filed.

If the nursing home disagrees, and a settlement cannot be reached, then the attorney on behalf of the plaintiff will pursue trial. Remember, most personal injury cases must be filed within two years or the claim is waived forever.

Can the nursing facility be fined?

There has been a shift in Medicare program’s penalty protocols, but yes nursing facilities can be fined. Even though the Trump administration has scaled back on the use of fines against nursing homes, they have not completely abolished them. Rather the focus has turned towards improving nursing homes and the care they offer, as oppose to fining them excessively.

According to an article from the NY Times, 6,500 nursing homes since 2013, have been cited at least once for serious violations, according to federal records. The most common citations have come from various forms of neglect, mistreatments, and abuse.

Just because there has been an ease in regulations, does not mean that fines can no longer be imposed. If you or your loved one have suffered from neglect or abuse at a nursing home, your best bet is to contact an attorney immediately, to see what your options are. There are also various sites that will show you if a nursing home you’re looking at has been fined.

We are Schenk Smith, your Macon nursing home lawyers.

All of our efforts and skills are 100% committed towards helping you and your loved one’s sue nursing home that have committed some form of negligence and abuse. We do not practice any other form of law, as we focus solely on nursing homes. That’s it.

We are focused in making sure you or your loved one receive the proper compensation that is owed to you, when clear negligence and abuse have taken place. Our dedicated efforts stem from our founding attorney Schenk Firm, who was a CNA in nursing homes in Georgia for 10 years prior to becoming an attorney.

Our site has countless videos that provide answers to questions you may have. We also have a podcast that is focused solely on discussing nursing home abuse and neglect. After you’ve had the chance to view our videos and listen to our podcast, please give us a call so that we can schedule a meeting and discuss your case. It doesn’t matter to us if you’re by the Cannonball House and Civil War Museum, or the Museum of Arts and Sciences, or The Georgia Children’s Museum, we’ve got you.

Nursing Home Abuse & Neglect in Macon, Georgia – What you need to know.

Macon, Georgia is located in Bibb County, and has a population of 153,515. Of that population, 12% are 65 and older. As with other areas in Georgia, elderly neglect and abuse occurs on a frequent basis.

What are the symptoms of abuse?

Both physical and emotional abuse have occurred in nursing homes. Emotional abuse, which is also referred as psychological or mental abuse, includes:

• Verbal Abuse
• Intentional Humiliation
• Ignoring Elders
• Isolation
• Threatening or Terrorizing Behavior

Emotional abuse causes mental anguish and suffering which can have long-term effects which often prove to be detrimental. Emotional abuse causes low self-esteem, which affects residents way of life. Residents may become hesitant to do simply things such as eating, or drinking, due to the fear of being threatened or abused by the nurse. As a result, some nursing home staffs do not allow for unsupervised visitation, which lowers the chances that residents will actually report the abuse.

Physical abuse is another form of abuse that usually results in some type of physical act causing harm or injuring the resident. This form of abuse usually comes from a physical act such as a punch, a kick, a bite, or some other type of physical abuse. Physical abuse if continued can cause serious bodily harm, and sometimes can even end up in the death of a resident.

What injuries occur the most in nursing homes?

Some common injuries that occur in nursing homes are bruises, fractures, cuts and welts. These injuries can stem from a slip and fall, or some type of physical abuse. If patients are unsupervised, then injuries may occur from simple acts. For example, is an elderly resident has to use the restroom but nurses are not around, then they may take matters into their own hands. This means they may attempt to get out of bed on their own and walk to the restroom. These actions leave the resident exposed to potential falls, which could prove to be fatal.

Other injuries may stem from physical abuse. If a resident is physically assaulted by a nurse or another resident, then bruising or bleeding may occur. Residents can also get cuts and welts from walking into medical devices, table corners, doors, and other areas within a nursing home.

Why does abuse occur?

Abuse whether physical or emotional, is unacceptable. It usually occurs when someone is having negative thoughts and decides to act out on their emotions or thoughts. Individuals in nursing homes are usually defenseless and physically uncapable of protecting themselves.

When nurses in nursing homes fail to have the patience needed to assist residents, they may result to physical or emotional abuse as way to cope with their frustrations. This usually occurs when a nursing home does not implement the proper training methods needed in order to assist the elderly residents. Inadequate training, and simply hiring the wrong people is usually the foundation from where abuse arises.

For a free legal consultation with a Nursing Home Abuse lawyer serving Macon, call (678) 823-7678

My loved one was hurt in a Macon nursing home – What do I do next?

If your loved one has suffered from neglect or abuse at a nursing home, or if they have passed away at a Macon, Georgia nursing home, then we recommend that you act immediately in order to protect the rights of your loved one.

First, report the incident to the appropriate Georgia authorities.

Georgia Department of Community Health

The Georgia Department of Community Health has a department called The Healthcare Facility Regulation. This division investigates cases of neglect and abuse that have occurred in nursing homes. They are also able to certify and regulate all nursing home 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 option you can look at when filing a complaint is the Georgia Office of the State Long-Term Care Ombudsman. Ombudsman are dedicated towards resolving issues and complaints from residents against nursing homes. They are authorized by law to go into nursing homes and seek answers to their 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:

Middle Region – Georgia Long-Term Care Ombudsman Program

239 NE Park Avenue, Suite C-1

Baxley, GA 31513

Telephone:             (912) 367-4866

Fax:                           (912) 367-3849

You may report physical assault or abuse to local law enforcement

If a physical assault has taken place against you or your loved one, we urge you to call the police and file a report. Depending on the extent of abuse and harm caused from the assault, charges may be brought against the perpetrator by the Bibb County District Attorney’s Office.

For abuse occurring in a Macon, Georgia nursing home, report the crime to the Police Department of Macon, Georgia or to the Bibb County Sheriff.

Police Department of Macon, Georgia

682 Cherry Street

Macon, GA 31201

Telephone:             (478) 751-7500

Bibb County Sheriff’s Office

668 Oglethorpe St

Macon, GA 31201

Telephone:             (478) 751-7500

Bibb County District Attorney’s Office

661 Mulberry St, 2^nd Floor

Macon, GA 31201

Telephone:             (478) 621-6427

Find another facility for your loved one.

There are other nursing homes that you can choose from which will be better suited for your loved one. Negligence and abuse does not occur at every nursing home. But it can be difficult and time consuming to find the right nursing home for your loved one. It’s important when searching for the right facility to ask the right questions, in order to get the right information that will help you make the right decision. The Centers for Medicare and Medicaid Services (CMS) has created a website that contains scores for every nursing home in the state of Georgia that receive Federal funding. These scores are based off the quality of the nursing home, the nurse-to-resident ration, and inspection scores.

Click here to go to the Nursing Home Compare Website.

For your convenience, a list of all nursing homes located in Macon, Georgia are located below, along with their contact information and inspection scores.

Get the medical records from the hospital and the nursing home.

In the event that negligence or abuse has taken place, it is imperative for you to seek out and view or obtain the medical records. Nursing homes will stop at no expense to place the blame on the resident, rather than accepting responsibility. Even if all the evidence points to negligence or abuse from the nursing home – they’ll still deny. If a broken bone was suffered from a fall that was caused by hazardous conditions, the nursing home will try to paint a different picture and say that the bone was already broken before the fall. It can be difficult to view or obtain the medical records due to third-party viewing privacy laws. Which is why written authorization such as a power of attorney, a healthcare directive, or guardianship paperwork will be needed in order to view those medical records.

If your loved one was hurt or injured in a Macon nursing home, then chances are the medical records will be located at a hospital nearby. The contact information for these hospitals is listed below.

• Coliseum Medical Centers: (478) 765-7000
• Navicent Health Baldwin: (478) 633-1000

Begin the probate process if your loved one has passed away.

If your loved one passes away from some form of abuse or negligence, their right to sue does not go with them. A deceased person’s right to recover are handed over to the Estate. What this means is that rather than the lawsuit being from “Dana Smith” the lawsuit be from “The Estate of Dana Smith”. Before the suit can occur, the Estate must first be established. The surviving spouse or relative will need to petition the Probate Court of the County in which the deceased spouse or relative passed.

If this has occurred, it is in your best interest to setup an Estate immediately, and appoint a representative. The representative – usually called an Executor or an Administrator – will act on behalf of the Estate, which means they will make all the decisions with regards to the lawsuit.

Click here for the Probate Court of Bibb County.

Bibb Country Probate Court

(478) 621-6494

661 Mulberry St, Ste. 200/207

Macon, GA 31201

Macon Nursing Home Abuse Lawyer Near Me (678) 823-7678

Nursing Homes in Macon, Georgia

No two nursing homes are alike. They each have their own pros and cons. Below is a list of the nursing homes located in Macon, Georgia, along with relevant information for each. This information is taken from CMS’ Nursing Home Compare Website.

Click to contact our nursing home abuse lawyers today

Why Choose Schenk Smith as your Nursing Home Lawyers?

When searching for an attorney to represent you or your loved one, you’ll come across plenty of options. We understand this. But we would like for you to consider us as your number one choice. Here are some reasons why we should be your first selection:

• Focus: At Schenk Smith, we do not practice any other form of law. Our practice focuses only on nursing home abuse and neglect cases. That’s it. Our firm has countless videos and a podcast dedicated solely to nursing home neglect and abuse cases.

• Knowledgeable: Focusing in one area makes us more knowledgeable about changes in the law that pertain to nursing home cases. This gives us much more experience in dealing with nursing home lawyers and nursing homes themselves, which allows us to be much more efficient in our efforts.

• Highly Regarded: It’s true that our lawyers are highly regarded. If you don’t believe us, just check out our client testimonials. After you do, you’ll be able to see why Google has us as the best reviewed law firm in Georgia that focuses on nursing home cases.

If your loved one was injured or died in a Macon, 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