If your loved one has suffered from nursing home neglect or abuse at a Vidalia nursing home, know that they are not alone. Unfortunately nursing home neglect and abuse takes place in various nursing home across Georgia. Which is why at Schenk Smith, we have dedicated all of our efforts and resources to helping elderly residents and their loved ones fight back against nursing homes that have committed acts of neglect or abuse. After you’ve visited our site, please give us a call so that we can discuss your case. We’re here to help you.
Both neglect and abuse occur quite often. Neglect is usually an unintentional act that ends up with a resident being injured. When a staff member fails to follow the proper diet set forth by a resident’s physician, then they have committed an act of neglect. Abuse though is an intentional act done with the intent to harm. Abuse can come from either a nursing home staff member or another resident. Neither neglect or abuse should ever be condoned.
Filing suit against the facility: What to expect
When you’re looking to file a suit against a facility, the first step you should always take is to contact a nursing home attorney. They will then create a demand package with your claim, which will contain all relevant documents and evidence that pertain to your claim. The package will also contain a specific amount which if accepted by the nursing home, means that you promise to not pursue the suit.
The nursing home and their attorneys will then receive the demand package and conduct their own investigation. Once that is complete, they will usually counter with a much smaller amount than the one you requested. When this occurs, both parties will enter into negotiations in order to reach a settlement. If a settlement cannot be reached, then the lawsuit will be filed, and your case will go to trial. But this does not mean that a settlement still cannot be reached. Most settlements are usually reached during trial.
How long will it take to settle?
Settling a claim will depend on the stage of your case. Before the lawsuit is ever filed, both parties will likely enter into negotiations, if the nursing home does not accept your original offer from the demand package, and if you don’t accept their immediate counter. When this occurs, a suit will eventually have to be filed if a settlement cannot be reached, in order to protect your claim from the statute of limitations, which in Georgia is up to 2 years.
If your case goes to trial, the chance for a settlement still exists. Most settlements take place in the midst of trial, because once trial begins, court fees and other fees can prove to be costly to both parties. When this occurs, it is usually in both parties best interest to try an reach a settlement.
We are Schenk Smith, your Vidalia nursing home lawyers.
We are 100% dedicated and committed to helping elderly residents who have suffered from some type of nursing home abuse or neglect. We are not interested in practicing any other form of law, or representing any other type of client. We focus solely on nursing home cases, that’s it.
Our passion for helping out elderly residents and their loved one’s comes from our founding attorney Schenk Firm. Before becoming an attorney, Schenk Firm served as a Marine, and as a CNA in nursing homes across Georgia for nearly a decade. His dedication and passion resonates throughout our firm, which is why we are so passionate about helping out the elderly.
When you visit our site, you will come across plenty of videos, podcast episodes, and blog articles that are all dedicated to helping elderly residents and their loved ones. After you’ve had the chance to visit our site, please give us a call so that we can schedule you a free consultation to discuss your case. It doesn’t matter where you live. Whether you’re by Vidalia City Hall, Twin Lakes, or the Vidalia Presbyterian Church, we’ve got you.
Nursing Home Abuse & Neglect in Vidalia, Georgia – What you need to know.
Vidalia, Georgia is located in Toombs County, and has a population of 10,674 residents. Of those residents, 14.10% are aged 65 and older. Like in other nursing homes around the state of Georgia, neglect and abuse occur frequently.
If I report abuse will the nursing home retaliate?
We are often asked this question. The fear of retaliation is usually the number one reason why nursing home abuse goes unreported. Truth is, unless abuse is reported, it will continue. This is why it is imperative to hire an attorney on behalf of your loved one, if you fear they have suffered from some form of nursing home abuse.
There are three things that a nursing home attorney will do for you, which are:
- Watch
- Investigate
- Report
With an attorney present investigating the case around your loved one, the nursing home will be hard pressed to continue their abuse.
What should the nursing home have done to prevent my loved one’s fall?
When residents are emitted into a nursing home, nursing homes are required to conduct fall assessment tests. During these tests, if they find a resident who is prone to falls, they will then give this resident a high risk label, which means extra monitoring and even more safety measures will need to be implemented into their everyday activities.
It’s impossible for a nursing home to prevent every fall. One third of elderly resident aged 64 and older, will at some point fall. But if the proper safety measures are implemented, then the risk of that happening can greatly decline. If the nursing home staff fails to conduct their assessment, or fails to follow up on the safety measures needed to protect a resident, then the nursing home may be held liable to any injuries, pain, and medical bills suffered from the fall.
How do I look up whether this nursing home is good?
Each nursing home is usually given a review from a resident or a loved one of a former resident. So reaching out to these people would be a great first step to take in order to find out if a nursing home is good enough.
Another tool to use is the Georgia Department of Community Health. Within this department lies the Healthcare Facility Regulation, which licenses, oversees, and inspects Georgia’s healthcare facilities. Within this division lies the Office of Facility Licensure, which is also responsible for licensing, certifying, and overseeing over 15,000 healthcare facilities, including nursing homes. The HFR also contains a comprehensive list of licensed nursing homes in Georgia, which can prove to be a valuable tool when trying to look up whether a nursing home is good.
For a free legal consultation with a Nursing Home Abuse lawyer serving Vidalia, call (678) 823-7678
My loved one was hurt in a Vidalia nursing home – What do I do next?
If your loved one has been injured, abused, or has passed away at a Vidalia, 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
As we mentioned earlier, 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
The Georgia Office of the Long-Term Care Ombudsman presents another option. The Ombudsman consist 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, in order to seek answers.
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 your loved one was injured as a result of an assault at a Vidalia nursing home, 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: Middle Judicial District.
For abuse occurring in a Vidalia, Georgia nursing home, report the crime to the Police Department of Vidalia, Georgia or the Toombs County Sheriff.
Police Department of Vidalia, Georgia
302 E 1st St
Vidalia, GA 30474
Telephone: (912) 537-4123
Toombs County Sheriff’s Office
357 NW Broad St, Ste. 1
Lyons, GA 30436
Telephone: (912) 526-6778
Toombs County District Attorney’s Office
200 Courthouse Sq
Lyons, GA 30436
Telephone: (912) 526-5211
Find another facility for your loved one.
If your loved one is suffering from nursing home abuse or neglect, then it is in your best interest to find a new better suited facility for them. When you conduct your search and narrow a couple of options, it is important to conduct walkthroughs. During these walkthroughs, make sure to ask as many questions as possible, in order to get a feel for the facility and the staff as well. 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 for 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 Vidalia, 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 Vidalia nursing home, it is important to obtain their medical records as soon as possible. Nursing homes will usually stop at nothing to place the blame of an injury on your loved one rather than accepting responsibility. For example, if your loved one suffers a broken bone from a slip and fall over a hazardous floor, the nursing home will most likely try to claim that the bone was already broken before the fall, even if the evidence indicates that wasn’t the case.
In order to protect your loved one’s rights, you will need to obtain their medical records, since those will usually show who the primary physician was, plus they’ll contain valuable information on the hospital visit itself. You also need to obtain the medical records from the nursing home, since those at times will show signs of neglect or abuse.
State and Federal privacy laws prevent third parties from obtaining medical records without the proper written authorization form. The form you’ll need will usually be either a power of attorney, a healthcare directive, or guardianship paperwork.
If your loved one was injured at a Vidalia nursing home, then chances are their medical records will be located at the hospital listed below. After 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 over 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 will first need to 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’ve found yourself in 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 Administrator. This person 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 Toombs County.
Toombs County Probate Court
100 Courthouse Square
Lyons, GA 30436
Vidalia Nursing Home Abuse Lawyer Near Me (678) 823-7678
Nursing Homes in Vidalia, Georgia
Every nursing is different, as each have their own benefits. Below is a list of the nursing homes located in Vidalia, Georgia, along with pertinent information for each. This information is taken from CMS’ Nursing Home Compare Website.
| Meadows Park Health And Rehabilitation 119 Meadows Parkway West | Overall Rating: 5 out of 5 (Much Above Average) Number of Beds: 75 Number of Residents: 70.1 RN hours per resident per day: 37min (GA Avg: 24 min) |
| Health Inspections Rating: 5 out of 5 (Much Above Average) Staff Rating: 3 out of 5 (Average) Quality Measure Rating: 5 out of 5 (Much Above Average) Most Recent Health Inspection Date: 03-08-2018 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 | |
| The Oaks – Bethany Skilled Nursing 1305 East North Street | Overall Rating: 5 out of 5 (Much Above Average) Number of Beds: 168 Number of Residents: 154.2 RN hours per resident per day: 19min (GA Avg: 24 min) |
| Health Inspections Rating: 5 out of 5 (Much Above Average) Staff Rating: 2 out of 5 (Below Average) Quality Measure Rating: 2 out of 5 (Below Average) Most Recent Health Inspection Date: 08-10-2017 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 begin searching for an attorney, you will come across 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:
- Dedicated: We are 100% committed to only nursing home cases. We are not interested in representing any other type of client. Focusing on one area allows us to be more knowledgeable on any changes that may pertain to nursing home law. Even though we offer everyone a free consultation, we are selective in the cases we choose. But this means that we are completely dedicated and ready to see your case all the way to trial.
- Highly Regarded: Schenk Smith is the best Google reviewed law firm in Georgia that focuses on nursing home cases. Our attorneys have also been selected as Georgia Super Lawyer Rising Stars, which is just one of many reasons why our clients hold us in high regards. Don’t take our word for it, check out our client testimonials, and see for yourself why we are the top choice to represent you and your loved one.
- Resourceful: When you visit our site, you will encounter over 200 videos, over 100 podcast episodes, and countless blog articles which are all dedicated to nursing home law. Our attorneys also attend and lead legal education seminars dedicated to nursing home cases.
If your loved one was injured or died in a Vidalia, 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