Has your loved one suffered from nursing home abuse or neglect at a Tifton nursing home? If so, know that they’re not alone, as abuse and neglect has taken place in various nursing homes around the country. That’s why at Schenk Smith we have dedicated all of our efforts to helping elderly residents who have suffered from some form of nursing home abuse or neglect. After you’ve visited our site, please give us a call so that we can discuss your case. We’re here to help you.
Neglect and abuse occur quite often, yet they’re both different. Neglect is usually an unintentional act done by a nursing home staff member that results in the resident being injured. Abuse on the other hand is an intentional act that is done with the intent to harm. Abuse can come from either a staff member or another resident. Neither neglect or abuse should ever occur.
What is the purpose of filing a suit?
The purpose of filing a suit is to protect the rights of your loved one if they’ve suffered from some form of nursing home abuse or neglect. If you have a claim against a nursing home, it is important to file a lawsuit before the statute of limitations, which in Georgia is usually 2 years.
Before a lawsuit is ever filed, your attorney will prepare a demand package, which will contain relevant documents and evidence which ultimately shows the strength of the case. This package will also contain a specific amount in exchange for a promise to not pursuit the lawsuit.
Once the package is received by the nursing home and their attorneys, they will review the package and conduct their own investigation. After which they will most likely counter your demand with a much smaller offer. Both parties will then usually enter into negotiations, in order to reach a settlement. If they cannot reach a settlement, then the suit will be filed. Even though a case were to go to trial, the chance for a settlement would still remain, as most settlements are reached during trial.
How is the nursing home case valued?
There are several factors that determine the value of the case, which are put into a calculation. The most important factors, are the type of injury that was caused, and the resulting effects it has on one’s life. If someone suffered a catastrophic injury where they loss a limb, or are incapacitated, then that will clearly drive up the value of the case.
Other factors that are considered is if any major life events were missed. For example, missing weddings, the birth of children, or other major life events, will also have an effect on the value of a case. This is why it is extremely important to obtain a nursing home attorney, since they usually have experience in helping clients realize the true value of their case. At times certain aspects may get overlooked, that can ultimately increase the value of a case.
We are Schenk Smith, your Tifton nursing home lawyers.
At Schenk Smith we are completely dedicated to helping elderly residents who have suffered from nursing home abuse or neglect. We do not represent any other types of clients nor are we interested in practicing any other form of law.
Our passion for helping elderly residents comes from our founding attorney Schenk Firm, who served as a Marine and a CNA in Georgia nursing homes, before becoming an attorney. His discipline and passion for helping elderly residents, resonates throughout our firm, which is why we are dedicated in our practice.
When you visit our website, you will come across plenty of videos, podcast episodes and blog articles that are all dedicated to nursing home cases and nursing home law. After you’ve had the chance to check them out, 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 Fulwood Park, the Tifton Museum of Arts & Heritage, or the Georgia Agrirama Living History Museum, we’ve got you.
Nursing Home Abuse & Neglect in Tifton, Georgia – What you need to know.
Tifton, Georgia is located in Tift County, which has a population of 16,691 residents. Of those residents, 10.70% are aged 65 and older. Like in other nursing homes around the state of Georgia, neglect and abuse occur frequently.
What are some of the categories of neglect?
Nursing home neglect occurs when a nursing home fails to give a person the attention and care they need. Common signs of neglect include:
- Poor Hygiene
- Malnutrition
- Unexplained Injuries
- Changes in Behavior
- Unsafe/Unsanitary Living Conditions
It is important to catch these signs early on, in order to prevent the neglect from continuing. Neglect usually occurs when a nursing home fails to hire enough staff, or fails to hire the right staff. When either occur, neglect will often take place, which leaves the nursing home liable.
What are the stages of bedsores?
Bedsores which are also known as pressure ulcers or decubitus ulcers, are an injury to the skin and tissue. They are a serious problem that occurs quite frequently in nursing homes. There are four stages of bedsores, which are:
- Stage 1: The skin is not yet broken
- Stage 2: The skin begins to breakdown
- Stage 3: The wound continues to worsen
- Stage 4: The wound is larger, and the tissue, muscle, tendons, and skin become irreversibly damaged.
When bedsores reach the critical stage 4, the wound appears rotten and the odor is foul, which often leaves the bone exposed. Stage 4 bedsores are maintained through debridement, relieving pressure, topical medications, reduced friction mattresses, and a strict diet and medication regimen.
Who is liable for nursing home neglect?
When neglect has occurred in a nursing home, the nursing home may be held liable. Under Georgia law, nursing homes are required to provide a reasonable standard of care to each and every resident. When residents receive a reasonable standard of care, neglect should never take place.
A nursing home is required by law to hire a full staff of adequate nursing home caregivers who can support and treat elderly residents. Elderly residents require a specialized form of treatment, and they also require constant supervision. Some are immobilized, which means they are prone to bedsores. Unless the proper safety measures and supervision routines are in place, elderly residents may be prone to bedsores and other types of injuries, which will ultimately leave the nursing home liable for neglect.
For a free legal consultation with a Nursing Home Abuse lawyer serving Tifton, call (678) 823-7678
My loved one was hurt in a Tifton nursing home – What do I do next?
If your loved one has been injured, abused, or has passed away at a Tifton, 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 Georgia Department of Community Health has a division known as the Healthcare Facility Regulation, which 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 program consists of individuals who aim to resolve nursing home cases of abuse and neglect against elderly residents. The Ombudsman 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:
Southern Region – Georgia Long-Term Care Ombudsman Program
335 W. Society Ave.
Albany, GA 31701
Telephone: (229) 432-1124
Fax: (229) 446-7899
You may report physical assault or abuse to local law enforcement
If your loved one was injured due to an assault at a Tifton nursing home, then we highly 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: Tifton Judicial District.
For abuse occurring in a Tifton, Georgia nursing home, report the crime to the Police Department of Tifton, Georgia or the Tift County Sheriff.
Police Department of Tifton, Georgia
527 Commerce Way
Tifton, GA 31794
Telephone: (229) 382-3132
Tift County Sheriff’s Office
500 Morgan Dr
Tifton, GA 31794
Telephone: (229) 388-6020
Tift County District Attorney’s Office
225 Tift Ave
Tifton, GA 31794
Telephone: (229) 386-7900
Find another facility for your loved one.
If your loved one has suffered from nursing home neglect or abuse, then it is in your best interest to find a better suited facility for them. When you begin your search for a new facility, it is important to conduct walkthroughs. During these walkthroughs it is necessary to ask as many questions as possible, in order to get a feel for the facility and the staff. Another tool to utilize is the Nursing Home Compare website, which is operated by The Centers for Medicare and Medicaid (CMS). This site offers ratings to every nursing home in the county that receives federal funding. These ratings are based off several factors including, quality, inspection scores, and nurse-to-resident ratio.
Click here to go to the Nursing Home Compare Website.
For your convenience, a list of all nursing homes located in Tifton, 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 suffered an injury at a Tifton nursing home, it is imperative that you obtain their medical records immediately. The reason this needs to be done quickly is because nursing homes will usually stop at nothing to place the blame of the injury on your loved one. For example, if your loved one breaks a bone from a slip and fall over a wet surface, the nursing home will likely try to claim that the bone was already broken before the fall, even if the evidence indicates that wasn’t the case.
To protect your loved one’s rights, you will need their medical records. Those records will usually show who the primary physician was, and they’ll contain valuable information on the hospital visit. It is also important to obtain the medical records from the nursing home as well, since those will sometimes contain information that will show if potential neglect or abuse has taken place.
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 was injured at a Tifton 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, their right to pursue a lawsuit is still valid. A deceased person’s right to pursue a lawsuit is handed to an Estate after they’ve passed away. For example, the plaintiff will go from being “Jane Doe” to “The Estate of Jane Doe”. Before the lawsuit can be filed, the 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 is important to setup the Estate immediately. In doing so, you will need to appoint a personal representative, who is often referred to as an Executor or an 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 Tift County.
Tift County Probate Court
225 Tift Ave, Ste. 117
Tifton, GA 31794
Tifton Nursing Home Abuse Lawyer Near Me (678) 823-7678
Nursing Homes in Tifton, Georgia
Every nursing home has their own pros and cons. Below is a list of the nursing homes located in Tifton, Georgia, along with relevant information for each. This information is taken from CMS’ Nursing Home Compare Website.
| Tifton Health And Rehabilitation Center 1451 Newton Drive | Overall Rating: 3 out of 5 (Average) Number of Beds: 100 Number of Residents: 88.1 RN hours per resident per day: 25min (GA Avg: 24 min) |
| Health Inspections Rating: 3 out of 5 (Average) Staff Rating: 2 out of 5 (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: 3 Federal fines in previous 3 years: 0 | |
| Rehabilitation Center Of South Georgia 2002 Tift Avenue North | Overall Rating: 3 out of 5 (Average) Number of Beds: 178 Number of Residents: 143.6 RN hours per resident per day: 19min (GA Avg: 24 min) |
| Health Inspections Rating: 3 out of 5 (Average) Staff Rating: 3 out of 5 (Average) Quality Measure Rating: 2 out of 5 (Below Average) Most Recent Health Inspection Date: 08-24-2017 Number of Health Citations: 2 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 begin your search for an attorney, you will encounter plenty of options to choose from. We understand you have options, but we would like for you to consider us as the top choice to represent you and your loved ones. Here are a couple reasons why we think we’d be a great fit to represent you and your family:
- 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.
- Dedicated: We do not practice any other form of law, nor do we represent any other type of client. We are 100% dedicated to nursing home law, which also makes us more knowledgeable on any changes that may pertain to nursing home law.
- Resourceful: Our website is extremely resourceful for nursing home clients, as it contains over 200 videos, over 100 podcast episodes, and countless blog articles all dedicated to nursing home law. We also attend and lead continuing education seminars dedicated to nursing home cases.
If your loved one was injured or died in a Tifton, 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