Has your loved one suffered from neglect or abuse at a Waycross nursing home? If so, know that they are not alone, because abuse and neglect occur frequently in nursing homes around Georgia. This is why at Schenk Smith we have dedicated all of our efforts towards helping elderly residents and their loved ones tackle nursing homes that have committed malpractice. Once you’ve had the chance to check out our resources, please give us a call so that we can discuss your case. We’re here to help you.
Neglect is usually an unintentional act that is committed by a staff member which usually results in the resident being injured. For example if a staff member fails to follow the diet set forth by a resident’s physician, then they have committed an act of negligence. Abuse though is an intentional act that is done with the intent to harm. Abuse can come from either a staff member or another resident. Neither abuse or neglect should ever be condoned.
The nursing home injured my loved one – Can I sue?
If the nursing home injured your loved one, then it is within your right to pursue a lawsuit on their behalf as long as they are unable to represent themselves. This means you will need a power of attorney, which will give you the authorization to pursue a lawsuit. Nursing homes are required to provide a reasonable standard of care to each and every resident. When they fail to do so, and a resident is injured as a result, then the nursing home may be held liable.
To pursue a lawsuit, you will first need to retain a nursing home attorney. Your attorney will then create a demand package which will contain evidence and relevant documents that shows the strength of your case. It will also contain a specific amount in exchange for the promise to not pursue the lawsuit.
The attorneys of the nursing home would then look over the demand package and would likely counter with a much smaller demand then the one requested. When this happens both parties would then enter into negotiations in order to reach a settlement. If a settlement cannot be reached, then the claim would be filed and the case would go to work.
How much does a nursing home lawyer cost?
Some nursing home lawyers can prove to be quite costly if they work off an hourly fee. Which is why it is important and best to retain an attorney who works off a contingency fee. When a lawyer works off a contingency fee, they won’t be paid until a verdict or settlement is reached in their clients favor. They’ll then be paid an agreed upon amount, once the settlement or verdict is reached.
Trial can also prove to be costly. There are court fees, and various other fees that have to be paid which can prove to be costly. If your attorney is working off a contingency fee, then they’ll cover these costs for you, and collect their payments once the trial is over. Having an attorney whose payment depends on your successful outcome is the best way to go, because it ensures that they will give all of their efforts into making sure the verdict or settlement is in your favor.
We are Schenk Smith, your Waycross nursing home lawyers.
At Schenk Smith we solely focus on helping elderly residents who have suffered from nursing home neglect or abuse. We do not practice any other form of law nor do we represent any other type of client. We are dedicated to helping elderly residents recoup what is rightfully theirs.
Our passion for nursing home cases comes from our founding attorney Schenk Firm. Before becoming an attorney, Schenk Firm served as a Marine, and he served as a CNA in Georgia nursing homes for nearly a decade. His discipline and passion resonates throughout our firm, which is why we are so passionate about nursing home law.
When you visit our site, you will come across plenty of online resources. We have many videos, podcast episodes, and blog articles that are all dedicated to nursing home law. Once you’ve checked out our site, 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 the Waycross Public Library, the Okefenokee Swamp Park, or Kirkland’s Lake Skating Rinks, we’ve got you.
Nursing Home Abuse & Neglect in Waycross, Georgia – What you need to know.
Waycross, Georgia is located in Ware County, and has a population of 14,188 residents. Of those residents, 19.80% are aged 65 and older. Like in other nursing homes around the state of Georgia, neglect and abuse occur frequently.
Are there specific signs of abuse?
There are specific types of abuse that occur in nursing homes, which are:
- Physical Abuse
- Emotional/Psychological Abuse
- Sexual Abuse
- Financial Abuse
Physical abuse is the most common form of abuse that occurs in nursing homes. You can spot signs of physical abuse when a resident has cuts, welts, bruises, some type of bleeding, or broken bones. When these injuries are visible, then chances are there might have been some type of abuse.
Emotional and psychological abuse is a bit tougher to spot. Usually when a resident becomes secluded and depressed, they may have suffered from some form of emotional abuse. The same applies to sexual abuse. Financial abuse will usually occur when a resident’s personal belongings go missing without explanation.
Are there injuries that are more likely to occur?
The most common injuries that are likely to occur in a nursing home are:
- Cuts
- Welts
- Bruises
- Bleeding
- Broken Bones
- Bedsores
These injuries can stem from either neglect or abuse. When a nursing home fails to hire a full staff, or fails to hire an adequate enough staff capable of taking care of elderly resident, then residents may be prone to common injuries such as cuts and bruises. If a nursing home doesn’t have enough staff to monitor all of their residents, then one of their residents might take it into their own hands to go to the restroom on their own, which can eventually lead to a common injury. The same applies for bedsores, which are usually manageable as long as staff members monitor immobilized residents.
These injuries can also stem from physical abuse from either a staff member or another resident. Regardless of who it’s from, any type of abuse may leave the nursing home liable.
Why does abuse happen so much?
Abuse usually occurs because nursing homes fail to hire the right type of staff members. Taking care of elderly residents requires a lot of knowledge and a ton of patience. If a staff member lack patience and the knowledge needed to help elderly residents, they can grow impatient which could lead to some form of abuse.
It is difficult to take care of elderly residents, especially those who are immobilized and need specific attention. When staff members who lack knowledge try to help these residents, and expect for them to do basic everyday functions, they will grow extremely impatient, and either act out with words, or act out with violence.
Resident to resident abuse is another type of common abuse which occurs when nursing homes fail to identify which of their residents are prone to violence. Nursing homes are required to conduct assessments in order to spot out potential violent residents. When they fail to do so, resident to resident abuse will occur.
For a free legal consultation with a Nursing Home Abuse lawyer serving Waycross, call (678) 823-7678
My loved one was hurt in a Waycross nursing home – What do I do next?
If your loved one has been injured, abused, or has passed away at a Waycross, 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 Healthcare Facility Regulation is a division of the Georgia Department of Community Health, 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 group consists of individuals who aim to resolve nursing home cases of abuse and neglect against elderly residents. They 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:
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 Waycross 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: Waycross Judicial District.
For abuse occurring in a Waycross, Georgia nursing home, report the crime to the Police Department of Waycross, Georgia or the Ware County Sheriff.
Police Department of Waycross, Georgia
512 Oak St
Waycross, GA 31501
Telephone: (912) 287-2921
Ware County Sheriff’s Office
3487 Harris Rd
Waycross, GA 31503
Telephone: (912) 287-4326
Ware County District Attorney’s Office
306 Albany Ave
Waycross, GA 31501
Telephone: (912) 287-4395
Find another facility for your loved one.
If your loved one is suffering from neglect or abuse at a Waycross nursing home, then it is in your best interest to find a new facility for them. When you begin your search for a new facility, it is important to conduct walkthroughs. During these walkthroughs, it is important to ask as many questions as possible, in order to get a feel for the facility and the staff. The Nursing Home Compare website, which is operated by The Centers for Medicare and Medicaid (CMS) is another tool you can use. This site offers ratings for every nursing home in the county that receives federal funding. These ratings are based off several factors including quality, nurse-to-resident ratio, and inspection scores.
Click here to go to the Nursing Home Compare Website.
For your convenience, a list of all nursing homes located in Waycross, 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 Waycross nursing home, it is important to obtain their medical records immediately. Nursing homes will usually stop at nothing to place the blame of an injury on a resident rather than accepting responsibility. For example, if your loved one suffers a broken bone due to a slip and fall over a wet and slippery floor, the nursing home will likely try to claim that the bone was broken before the fall, even if the medical records show that wasn’t the case.
To help protect your loved one’s rights, you’ll need their medical records which will show valuable information about the hospital visit, such as who the primary physician was. It is also important to obtain the medical records from the nursing home, since those at times will show signs of neglect or abuse.
Federal and State 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, guardianship paperwork, or a healthcare directive.
If your loved one was injured at a Waycross 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, they still have the right to pursue a lawsuit. A deceased person’s right to pursue a lawsuit is handed over to an Estate in the event of their death. For example, the plaintiff will go from being “Jane Doe” to “The Estate of Jane Doe”. For the lawsuit to be filed, an 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’s important to setup an Estate immediately. In doing so, you will need to appoint a personal representative, who is often referred to as an Executor or 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 Ware County.
Ware County Probate Court
800 Church St, Ste. 123
Waycross, GA 31501
Waycross Nursing Home Abuse Lawyer Near Me (678) 823-7678
Nursing Homes in Waycross, Georgia
Every nursing home is different, as each have their own pros and cons. Below are the nursing homes located in Waycross, Georgia, along with relevant information about them. This information is taken from CMS’ Nursing Home Compare Website.
| Harborview Satilla 1600 Riverside Ave | Overall Rating: 3 out of 5 (Average) Number of Beds: 174 Number of Residents: 160.1 RN hours per resident per day: 21min (GA Avg: 24 min) |
| Health Inspections Rating: 3 out of 5 (Average) Staff Rating: 3 out of 5 (Average) Quality Measure Rating: 3 out of 5 (Average) Most Recent Health Inspection Date: 02-15-2018 Number of Health Citations: 5 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 | |
| Waycross Health And Rehabilitation 1910 Dorothy Street | Overall Rating: 4 out of 5 (Above Average) Number of Beds: 92 Number of Residents: 67.9 RN hours per resident per day: 25min (GA Avg: 24 min) |
| Health Inspections 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: 10-19-2017 Number of Health Citations: 6 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 | |
| Baptist Village, Inc. 2650 Carswell Ave | Overall Rating: 5 out of 5 (Much Above Average) Number of Beds: 254 Number of Residents: 213.2 RN hours per resident per day: 25min (GA Avg: 24 min) |
| Health Inspections Rating: 5 out of 5 (Much Above Average) Staff Rating: 4 out of 5 (Above Average) Quality Measure Rating: 4 out of 5 (Above Average) Most Recent Health Inspection Date: 04-21-2017 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 first begin your search for an attorney, you will come across plenty of options. Even though you have many options to choose from, 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:
- Resourceful: At Schenk Smith we have 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, and they are also members of senior citizen advocacy groups.
- Highly Established: Our attorneys have been selected as Georgia Super Lawyer Rising Stars, which 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 think highly of us, which you can see for yourself by checking out our client testimonials.
- Results Driven: Even though we offer everyone a free consultation, we are very selective with the cases we choose. But this means that we are ready and willing to see your case to trial. We have been successful for our clients, as we’ve had millions in verdicts and settlements in the past two years.
If your loved one was injured or died in a Waycross, 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