Do you suspect a local nursing home in the Scottdale area of neglecting or even physically abusing somebody you love? Taking action immediately could save their life. And when it comes to taking action, you have no better resource than Schenk Smith, your local nursing home abuse and neglect attorney.
Your loved one may not be in a position to fight back, but you can. The first step is to understand what abuse and neglect look like in a nursing home. This information is freely available on the Schenk Smith website. Even better, you can contact one of our friendly attorneys for a free consultation call.
Filing Suit Against the Nursing Home: What to Expect
When it comes to filing a lawsuit against a nursing home, patience is essential. The legal process takes time, and the insurance companies which pay out settlements are notorious for dragging their feet and avoiding payouts. You should expect to wait anywhere from one to two years before seeing a just and fair monetary payout.
In the meantime, you should also expect to make a change of nursing homes for your loved one. Abuse and neglect may stop once a nursing home is hit with a lawsuit. But we can’t guarantee it. And you shouldn’t assume that your loved one is safe until they are far away from the nursing home in question.
If you have power of attorney over your loved one, you should also be ready to assist your attorneys in the collection of important health related documentation that could help win your case. Your attorneys will know which documents you need, but you will likely be required to attain them.
How Long Will It Take to Resolve the Lawsuit?
You and your attorneys have come to an agreement that a lawsuit should be filed against the nursing home or nursing home staff members. Once the nursing home is notified of your intentions, it has 30 days to respond to the lawsuit and counter the allegations.
Once the response has been received, a discovery process will take place, where each side collects evidence, deposes witnesses, performs investigations, and shares documents related to the case. You may be asked to collect important health documents for your loved one with your power of attorney, which could prove helpful in winning your case.
If the court believes the matter can be solved without a trial, it will require both parties to mediate the dispute with a third party. The matter may close here with a satisfactory settlement, but it isn’t a guarantee. If this is a non-starter, more work will have to be done to prepare for a court date.
All said and done, the process can take 18 months to 2 years on average. Due to the length of time it takes to resolve a lawsuit, your family should begin to look for another nursing home as soon as possible to ensure the abuse doesn’t continue.
We Are Schenk Smith, Your Scottdale Nursing Home Lawyers
Schenk Smith has been helping families in Scottdale, GA seek justice against abusive and neglectful nursing homes since 2013. Together, Rob Schenk and Schenk Firm have settled millions of dollars in verdicts and settlements in just two short years. On top of that, Mr. Smith was a CNA for over ten years before becoming an attorney, and has seen firsthand what neglect and abuse—both physical and mental—does to an elder and his or her family.
We invite you to visit our website, listen to our podcast, and contact us to set up a free consultation. Whether you live near Cedar Park, Needham Park, or Tobie Grant Park & Recreation Center, we are ready to come to you.
Nursing Home Abuse & Neglect in Scottdale, Georgia- What you need to know.
Scottdale, Georgia is located in DeKalb County and has a population of 10,631 residents. Of those, 12% are aged 65 and older. Assisting this community of elders is our law firm’s highest priority.
Will the Nursing Home Retaliate if I Report the Abuse?
We cannot say for sure what the nursing home will do once the abuse or neglect is reported. In some nursing homes, the abuse or neglect was an isolated incident by a rogue staff member. Upon discovering what happened, management may terminate that individual immediately, or at the very least suspend them until a full review is completed. That may reduce the likelihood of retaliation, but never completely.
What we can say is that retaliation does happen in nursing homes in the Scottdale area and across the state of Georgia. The abuse may go on in secret after a lawsuit is filed. Or, the abuse may stop, but your loved one suddenly becomes the target of purposeful neglect as a bitter nursing home staff chooses to delay bathroom assistance, withhold meals, and overmedicate them into a state of vegetation.
It is ultimately up to you to decide whether to take your loved one out of the nursing home in question. Cost and location will be a major factor in this regard. But some inconveniences may be necessary to ensure the safety of your loved one. That is the number one priority of our law firm, just as it is yours.
My Loved One Passed Away After A Fall—Who Is Liable?
Sometimes, the liable party is the nursing home. On other occasions, it is a nurse or somebody looking after your loved one. Lastly, we must also consider the possibility that the fall was a truly unfortunate accident, and under the circumstances, nobody could have reasonably stopped it from happening.
A capable nursing home and neglect attorney will perform a thorough investigation into the fall to determine whether it could have been avoided. This usually involves a full review of the nursing home’s infrastructure as well as interviewing possible witnesses.
When assessing whether the fall was an accident or the result of nursing home negligence, we usually look at a few factors:
- Was the nursing home up to date on its risk fall assessments, and did your loved one show any red flags that were ignored by the staff?
- Was your loved one taking certain medications that could have impaired their ability to walk, and was the nursing staff aware of this, yet did not take proper precautions?
- If the fall was from a hospital bed, were the beds low enough? Were fall matts on the floor near the bedside?
- If your loved one was very advanced in age (85+), were additional precautions added to stop a fall from happening?
As you can see, a lot goes into assessing whether a nursing home is liable for a loved one’s fall and subsequent loss of life. You can be sure that Schenk Smith will do everything in our power to see that you receive a just and fair outcome for this tragedy.
I Want to Learn More About This Nursing Home—Where Do I Go?
A family has many resources available from both the state of Georgia and the federal government when it comes to vetting a particular nursing home. Some of the most important resources include:
Medicare.gov’s Nursing Home Compare Tool: Nursing Home Compare is free tool provided on the federal government’s medicare.gov website. It allows you to locate nearby nursing homes and compare them based off key indicators such as their health inspection rating, staffing, quality measures, and overall rating (based on a 1-5 star scale).
You can use the tool to quickly locate the nursing home where your loved one currently resides, and then compare its ratings against other homes in the area.
The Healthcare Facility Regulation: The Healthcare Facility Regulation is a division of the Georgia Department of Community Health. Within the HFR is the Office of Facility Licensure, which performs the licensing and license renewal for all of Georgia’s healthcare facilities and nursing homes.
With the help of HFR’s tools, you can quickly review the inspection records for any nursing home in the Scottdale area, or anywhere within Georgia. To use the HFR’s Map2Care tool and begin comparing facilities in your area, click here.
For a free legal consultation with a Nursing Home Abuse lawyer serving Scottdale, call (678) 823-7678
My loved one was hurt in a Scottdale nursing home- What do I do next?
If your loved one was severely injured or passed away at a Scottdale, 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
One of the first things you should do if you suspect abuse is to contact the Georgia Department of Community Health, or DCH. The DCH is charged with overseeing all of Georgia’s healthcare facilities, which includes nursing homes. The branch of the DCH which is tasked with nursing home complaints is the Healthcare Facility Regulation, or 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
Additionally, you may wish to contact the Georgia Office of the Long-Term Care Ombudsman. The Ombudsman program was created to help mediate disputes between Georgia residents and the state’s nursing homes. Members of the Ombudsman program have legal authority to enter any Georgia nursing home and ensure that its residents are safe and that the home is in compliance with state and federal regulations.
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
Suspicions of physical assault and abuse should be immediately reported to local law enforcement officials. Nursing home staff and even management are not above the law. If allegations are serious enough, criminal charges may be brought against these individuals by contacting the District Attorney’s Office Stone Mountain Judicial District.
For abuse occurring in a Scottdale, Georgia nursing home, report the crime to the DeKalb County Police Department or to the DeKalb County Sheriff.
DeKalb County Police Department
1816 Candler Road
Decatur, GA 30032
Telephone: (404) 286-7900
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.
A nursing home may have been so abusive or neglectful of your loved one that you have no other choice than to remove them from the facility immediately. Fortunately, there are tools available which can help you find a nursing home quickly, such as Medicare’s Nursing Home Compare Website. Click here to go to the Nursing Home Compare Website.
The Nursing Home Compare tool lets you quickly locate other nursing home facilities nearby. It even provides a convenient star rating to help you determine which nursing homes have a good reputation, and which should be avoided.
For your convenience, a list of all nursing homes located within Scottdale, Georgia is located below, along with their contact information and inspection scores.
Get the medical records from the hospital and the nursing home.
When you suspect that a loved one has been abused or neglected, chances are a paper trail is out there somewhere that will help prove it. That paper trail very often runs through the medical records of your loved one.
Unfortunately, it isn’t as easy as walking into a hospital and asking for your loved one’s medical records.
- First, you may not know what hospital they were taken to after they sustained their injuries.
- Second, the nursing home may attempt to keep that information secret, or even try to limit your access its own medical records related to your loved one.
- Third, a power of attorney is required to access your family member’s medical documentation, which may be difficult depending on your loved one’s mental state or status.
The best place to start is with the hospital that saw your loved one last. The most likely hospitals in the Scottdale area that your loved one could have visited include:
Begin the probate process if your loved one has passed away.
We offer our condolences if your loved one has passed away. The news of his or her passing may be especially awful if you suspect negligence or foul play on part of the nursing home where your loved one resided.
Many Georgia residents believe that once a loved one has passed, there’s no hope for a just and fair ending to their abuse or neglect. But this is not the case at all. Your loved one can still see a just outcome by having a family member become an Executor or Administrator of an estate set up in his or her name.
Creating an estate requires a visit to one of Georgia’s probate courts. A probate court will let you set up an estate under the deceased loved one’s name, which then allows that individual to bring a lawsuit against the nursing home or certain individuals who work there.
This process isn’t always easy to understand, which is why Scheck Smith is available to help you make sense of it. Feel free to call us day or night 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
Scottdale Nursing Home Abuse Lawyer Near Me (678) 823-7678
Nursing Homes in Scottdale, Georgia
Do you need to locate a nursing home as quickly as possible? We’ve got you covered. This information is taken from our 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 | |
| Manor Care Rehabilitation Center – Decatur 2722 North Decatur Road Decatur, GA 30033 | Overall Rating: 3 out of 5 (Average) Number of Beds: 140 Number of Residents: 114 RN hours per resident per day: 41min (GA Avg: 34min) |
| Health Inspection Rating: 2 out of 5 (Below Average) Staff Rating: 3 out of 5 (Average) Quality Measure Rating: 5 out of 5 (Much Above Average) Most Recent Health Inspection Date: 01-26-2018 Number of Health Citations: 3 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: 0 | |
Click to contact our nursing home abuse lawyers today
Why Choose Schenk Smith as your Nursing Home Lawyers?
At Schenk Smith, we’ve earned our reputation as one of the most effective elder abuse law firms in the state of Georgia. We’ve served Georgia’s elderly community and their families since 2013, and have become a mainstay in the community for a number of reasons, including:
Millions won for Georgia residents. In just a few short years we’ve helped win millions of dollars in settlement money for our clients.
Educating our community on elder abuse. We’ve helped educate Georgia families by publishing more than a hundred educational videos on elder abuse and how to put a stop to it. Our Nursing Home Abuse podcast regularly shines a light on abusive nursing home practices, and helps turn victims into fighters.
Staying up to date on relevant state and federal law. We’ve made it a point to stay up to case law related to elder abuse. Our attorneys regularly attend and even lead legal education seminars that focus on nursing home abuse and care.
If your loved one was injured or died in a Scottdale, 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