Is your loved one being abused or neglected in a Snellville nursing home? Unfortunately, you are not alone. Our website is designed to provide you with the information and tools you need in order to take action or seek justice. We try to answer as many questions as possible and are here to answer any other questions you may have. We are here to support you.
The terms abuse and neglect are often used interchangeably but there are some differences. Abuse indicates an intentional action such as hitting or punching someone. Neglect is unintentional. An example of neglect is when a caregiver fails to help a resident with their daily hygiene tasks. Both abuse and neglect can result in injuries or death to a resident. Abuse and neglect should never be tolerated.
When is it appropriate to file a lawsuit against the nursing home?
If your loved one suffered abuse or neglect in a nursing home you may want to consider filing a lawsuit as soon as possible. The sooner you file a lawsuit the better because the law limits the time to file a claim and the details of the case can be more difficult to obtain as time goes on. In general, Georgia personal injury claims need to be filed within a period of two years from the time of the injury or from the time the injury was discovered.
Witnesses, medical history and other important parts of your case could be more difficult to locate if you wait too long to file a claim. These types of cases can be complex and require a fair amount of work. Therefore, do not wait. You can contact an attorney as soon after the injury as is reasonably possible.
Can I use a camera to capture abuse?
If you suspect that your loved one is suffering abuse or neglect in a nursing home you may be tempted to utilize a camera so that you can capture the incident of abuse. Georgia is a single party consent state which means that only one party can provide consent to videotape. However, the use of a camera may not work as intended. You may end up being unable to capture an actual event of abuse or neglect and in the meantime you are putting your loved one in further danger of harm.
A better solution may be to remove your loved one from the nursing home and seek legal help to determine how to handle the abuse that has already occurred. Your attorney will assist you in gathering the proof you need to file a lawsuit.
We are Schenk Smith, your Snellville nursing home lawyers.
You may notice that we have quite a bit of information on our website about nursing home abuse and neglect. That is because that’s our focus. We don’t take any other types of cases and instead handle only nursing home lawsuits. That makes us more knowledgeable about changes in the law and allows us more experience when working with nursing homes and their attorneys.
We offer information to help you learn about nursing home abuse and neglect and are available to talk to you about your particular situation. We are happy to come to you wherever you are located including near Brisco Park, Big Haynes Creek Recreation Area and the Vines Botanical Gardens areas.
Nursing Home Abuse & Neglect in Snellville, Georgia- What you need to know.
Snellville, Georgia is located in Gwinnett County and has a population of 19,395. Of those, 15.10% are aged 65 and older. Nursing home abuse and neglect can occur anywhere, even in Snellville.
What are the categories of neglect?
Your loved one relies on caregivers at the nursing home to provide them with the essentials they need in order to live a happy and healthy life. Nursing home neglect generally falls into one of several main categories. These include:
- Basic Needs Neglect: Basic needs usually include food and shelter. The nursing home is required to provide for the basic needs of your loved one with a secure, safe and clean facility. They must provide nutritious meals and assist with daily tasks if that is needed. For example, if you find that your loved one is not clean or hair and teeth are not brushed these could be signs of neglect.
- Medical Neglect: Your loved one needs support from nursing home staff to ensure that medical needs are met. If a medical problem arises the caregivers must immediately seek medical attention. If medical attention isn’t quickly rendered it could cause serious harm or death. An example of medical neglect is when a resident develops a bedsore and care is not quickly provided. The sore can worsen to the point of infection and it might become life-threatening.
- Emotional Neglect: Nursing home residents need regular emotional support. If they are emotionally neglected they might go for hours or even days without having a conversation with anyone. This can cause emotional harm to your loved one and might make them depressed or withdrawn.
What puts someone at risk for bedsores?
Bedsores, also called pressure ulcers or pressure sores, are painful sores that develop in areas of the body that are in continual contact with something else, such as bedding or medical tubing. The elderly are at a higher risk for bedsores due to several factors:
- Limited mobility: Those with limited mobility are at high risk for developing bedsores. When a person is unable to move very easily they stay in one position for a long period of time. This constant pressure and rubbing can cause bedsores to form on areas that are in contact with bedding. Caregivers need to manually reposition residents with limited mobility every few hours to prevent bedsores from forming.
- Compromised immune system: The elderly sometimes have a weakened immune system. This can make it easier for bedsores to develop. It can also make it much more difficult for the body to fight an infection if one starts. An infection is hard to treat and could result in sepsis, a life-threatening blood infection that affects the entire body.
- Older individuals: Older individuals are more at risk for developing bedsores. When a bedsore does appear it can be more difficult to treat. Bedsores in older individuals often worsen and when they do it may take weeks or months of treatment before they heal. Unfortunately, sometimes bedsores never fully heal and actually worsen.
Who is responsible for my loved one’s medical bills?
If your loved one suffered an injury due to abuse or neglect in a nursing home there are often high medical costs associated with treatment. In some cases you might be able to receive compensation from the responsible party by filing a lawsuit. Some or all of these parties could be responsible:
- Caregivers: Caregivers such as nurses are required to provide proper care to your loved one. When they make a mistake or are negligent when providing care they might be held accountable. For instance, if a caregiver failed to change a resident’s bandage and the wound became infected, the nurse might be responsible.
- Staff members: If an employee abused your loved one they might be responsible for the injury they caused. For example, if your loved one suffered malnutrition the nutritionist at the facility may be to blame because they failed to properly oversee the dietary
- Nursing Home: The nursing home itself may be ultimately responsible for the costs associated with any injuries that occurred at their facility due to abuse or neglect. They have a duty to provide proper care to residents and keep them from getting injured.
For a free legal consultation with a Nursing Home Abuse lawyer serving Snellville, call (678) 823-7678
My loved one was hurt in a Snellville nursing home- What do I do next?
If your loved one was severely injured or passed away at a Snellville, 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
There is another option available to you if your loved one suffered abuse or neglect in a nursing home. You may file a complaint with the Georgia Office of the State Long-Term Care Ombudsman. The ombudsman program is a statewide effort that advocates on your behalf. They have the legal authority to enter nursing homes to ask questions and work to try to resolve complaints and disputes between residents and nursing homes.
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:
Eastern Region – Georgia Long-Term Care Ombudsman Program
135 Hoyt Street
Athens, GA 30601-2646
Telephone: (706) 549-4850
Fax: (706) 227-8337
You may also report physical assault or abuse to local law enforcement
If your loved one was the victim of an assault or another criminal offense you may want to file a police report. The police will investigate and if the case warrants it, criminal charges will be brought against the staff by the District Attorney’s Office: Gwinnett Judicial District.
For abuse occurring in a Snellville, Georgia nursing home, report the crime to the City of Snellville Police Department or to or to the Gwinnett County Sheriff’s Department.
City of Snellville Police Department
2315 Wisteria Dr. SW
Snellville, GA 30078
Telephone: (770) 985-3555
Gwinnett County Sheriff
2900 University Pkwy
Lawrenceville, GA 30043
Telephone: (770) 619-6500
District Attorney’s Office: Gwinnett Judicial District
75 Langley Dr.
Lawrenceville, GA 30046
Telephone: (770) 822-8400
Find another facility for your loved one.
If possible, you may consider admitting your loved one into a different facility. This is especially important in cases where your loved one is in danger or is in a life-threatening situation. While you want to move your loved one to another nursing home, how will you know whether the facility is safe? It is usually a good idea to visit the nursing home to take a first-hand look at the environment. Even if it looks fine, you still want to do some further checking.
A useful online tool for anyone looking for a nursing home for their loved one is provided by the United States Centers for Medicare and Medicaid Services (CMS). They have a comparison tool that allows you to view information about any nursing home in the country. They compile data and provide ratings as well as other useful information such as nurse to resident ratio, inspection dates and quality ratings among other things.
Click here to go to the Nursing Home Compare Website.
For your convenience, a list of all nursing homes located within Snellville, Georgia is located below, along with their contact information and inspection scores.
Get the medical records from the hospital and the nursing home.
In any type of nursing home abuse or neglect case your loved one’s medical records will be of utmost importance. The nursing home may dispute the injury and might try to say that the injury was preexisting. Medical records become extremely important in situations such as this. You will need to gather medical records from your loved one’s doctor as well as from the hospital where treatment occurred as well as from the nursing home.
Federal and state privacy laws restrict others from obtaining medical information. Even a spouse or child cannot simply ask for this data. Only a person with legal authorization can request someone else’s medical information. In order to obtain legal authority you must have durable power of attorney, a health directive or legal guardianship.
Once you have legal authority you may submit a written request for medical records. If your loved one was in a Snellville nursing home it is likely that there are medical records at the hospital listed below. You must submit a request to the ‘Release of Information’ Department of the hospital. Here is the contact information for the local hospital:
Begin the probate process if your loved one has passed away.
When someone is alive they have the right to file a lawsuit against someone who has committed a wrongdoing that caused harm. That right remains with a person even after their death. Once someone passes away their estate can file a lawsuit on behalf of the deceased person. In that case, the plaintiff in the lawsuit is the estate of the deceased person. Generally, an estate needs to be established before a lawsuit can be filed on behalf of a deceased party.
To set up an estate the person’s spouse or other relative with legal standing must petition the Probate Court in the county where the person passed away. It is a good idea to set up an estate as soon as possible after your loved one passes away. An executor or administrator of the estate will be appointed. This person has the legal right to make decisions and act on behalf of the estate. The executor may file a lawsuit if necessary.
Click here for the Probate Court of Gwinnett County.
Gwinnett County Probate Court
75 Langley Dr.
Lawrenceville, GA 30046
Telephone: (770) 822-8250
Snellville Nursing Home Abuse Lawyer Near Me (678) 823-7678
Nursing Homes in Snellville, Georgia
Not all nursing homes are alike. If you are looking for a nursing home in Snellville we have provided a list along with important information. This list comes from the CMS Nursing Home Compare Website.
Cambridge Post Acute Care Center 2020 Mcgee Road | Overall Rating: 1 out of 5 (Much Below Average) Number of Beds: 144 Number of Residents: 132.8 RN hours per resident per day: 11 min (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: 4 out of 5 (Above Average) Most Recent Health Inspection Date: 10-19-2017 Number of Health Citations: 0 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting citation: 2 Federal fines in previous 3 years: 2 ($135,700 fine on 05-07-2015; $69,489 fine on 08-18-2016) |
Scepter Rehabilitation and Healthcare Center, LLC 3000 Lenora Church Drive | Overall Rating: 4 out of 5 (Above Average) Number of Beds: 167 Number of Residents: 156.1 RN hours per resident per day: 27 min (GA Avg: 24 min) |
Health Inspections Rating: 4 out of 5 (Above Average) Staff Rating: 3 out of 5 (Average) Quality Measure Rating: 4 out of 5 (Above Average) Most Recent Health Inspection Date: 11-16-2017 Number of Health Citations: 0 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting citation: 4 Federal fines in previous 3 years: 2 ($15,438 fine on 05-15-2015; $23,331 fine on 10-07-2016) |
Click to contact our nursing home abuse lawyers today
Why Choose Schenk Smith as your Nursing Home Lawyers?
There are many choices when it comes to legal representation. We recognize that you have options. We would like you and your family to consider our attorneys to represent your loved one. Here are just a few reasons why we think we can help:
- Passion: Our attorneys are passionate about helping nursing home residents and their families seek the justice they deserve. Our clients work almost exclusively with their attorney and not with a case manager. Our attorneys are members of senior citizen advocacy groups and work to try to resolve your situation so others will not experience the same problems as your loved one.
- Focus: We focus only on nursing home abuse, neglect and wrongful death cases. That makes us extremely prepared to handle your loved one’s case. We are the best Google-reviewed Georgia law firm that focuses on nursing home cases. We have helped obtain millions of dollars in verdicts and settlements for our clients in the last two years.
- Knowledge: We have the knowledge necessary to advocate on behalf of your loved one. One of our founding attorneys, Schenk Firm, was a CNA in Georgia nursing homes for a decade so he knows about how they operate. We provide information to educate the public about nursing home abuse and neglect with blogs, videos and we publish a weekly podcast.
If your loved one was injured or died in a Snellville, 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