If your loved one has suffered from neglect or abuse at a Canton nursing home, know that they’re not alone. Unfortunately neglect and abuse occurs at various Georgia nursing homes. Which is why at Schenk Smith we’ve designed our site with plenty of videos, podcast episodes, and a blog, to assist you with your efforts. After you’ve checked out our site, give us a call to schedule a free consultation, so that we can discuss your case. We’re here to help.
Neglect and abuse occur frequently in nursing homes. Usually neglect is the result of a nursing home staff failing to follow the proper procedures set forth by the nursing home or a resident’s physician. Even though negligence is usually unintentional, it still should not be tolerated. Abuse on the other hand is an intentional act from a staff member or another resident, with the intent to harm or injure. Neither abuse nor negligence should ever be accepted in any nursing home.
What does it mean to file a lawsuit?
Filing a lawsuit means a nursing home claim has gone to court because either the parties were unable to negotiate a settlement, or the case had to be filed in order to preserve the claim. A lawsuit always begins as a claim. The claim always begins with a demand package that is prepared by an attorney. It simply is a summation of the facts of the claim, which includes evidence and relevant documents. The demand package will also contain a demand for a specific amount of money to settle the claim, in exchange for the promise not to pursue the claim.
Once the nursing home and their attorneys receive the demand package, they will look over it and conduct their own investigation. Usually they’ll counter the demand package with an offer much less than the one requested.
From here, both parties will begin to negotiate towards a settlement. If a settlement cannot be reached, then the lawsuit will be filed. Even though the case will then go to trial, the chances for a settlement still exist, as usually settlements are reached during trial.
Do I have to pay for you up front?
Most injury lawyers work on a contingency fee, which means that unless a settlement or a verdict in your favor is reached, you won’t need to pay the attorney anything. The attorney will usually receive a predetermined percentage of the recovery.
Most nursing home claims will require separate fees, which include court costs, or fees paid to medical experts. Most attorneys will use a contingency fee that will pay for these costs up front. Then when a settlement or a verdict happen, they’ll recoup the costs.
Hiring a lawyer on a contingency fee is a great way to pursue a lawsuit. When a lawyer works on a contingency fee, you’ll pretty much be guaranteed that the lawyer will use all their skills and efforts to win you the case. Their payment will be directly dependent on their performance, as oppose to working off an hourly basis.
We are Schenk Smith, your Canton nursing home lawyers.
At Schenk Smith our efforts are completely dedicated towards helping nursing home residents that have suffered from neglect or abuse. We are not interested nor do we represent anyone else. We focus on helping the elderly who are suffering at nursing homes.
Our passion stems from our founding attorney Schenk Firm, who was a CNA for a decade in nursing homes around Georgia, before becoming an attorney. His passion resonates throughout our firm, which is why all of our efforts are 100% dedicated towards helping the elderly. We use all of our skills and resources to help you and your loved one’s recoup what’s rightfully yours.
After you’ve had the chance to watch our videos, listen to our podcast episodes, and read our blog, please give us a call to schedule a free consultation, so that we can discuss your case. Regardless of where you stay, we’ll come to you. Whether you’re by the Roselawn Museum, the Red Top Mountain State Park, or the Sweetwater Creek State Park, we’ve got you.
Nursing Home Abuse & Neglect in Canton, Georgia – What you need to know.
Canton, Georgia is located in Cherokee County, and has a population of 25,022 residents. Of those residents, 10.70% are aged 65 and older. Like in other nursing homes around the state of Georgia, elderly abuse and neglect occur way too often.
What are the categories of nursing home abuse?
There are various forms of nursing home abuse that take place. The four categories of nursing home abuse are:
- Physical
- Emotional
- Sexual
- Financial
Physical abuse is the type of abuse that occurs most frequently. The obvious signs of physical abuse will usually include:
- Bruising
- Bleeding
- Fractures
- Cuts
- Welts
These signs usually stem from physical abuse that was either from a nursing home staff member, or another resident.
Emotional, sexual, and financial abuse are harder to spot. But if a resident grows more distant emotionally, and continuously withdraws themselves and refuses to speak, then those are usual signs that show some form of abuse is occurring. Financial abuse can be seen when there is an unexplained loss of personal belongings.
How long does it take for bedsores to heal?
How long a bedsore takes to heal depends on the severity of the bedsore, and whether appropriate treatment has been provided. Bedsores progress through four stages:
- Stage 1: Up to a Week
- Stage 2: Up to Several Weeks
- Stage 3: Up to Several Months
- Stage 4: From Several Months to 2 Years
Stage 1 bedsores can heal within a week, as long as the wound is treated appropriately. Stage 2 bedsores means that the skin has been broken down or degraded. When this occurs, the healing process will usually take anywhere from several days to several weeks. Stage 3 bedsores are serious injuries to the skin. This means that the skin is completely torn, allowing tissue, muscle, fat and bone to be exposed. The risk of sepsis is high at this stage. At best, stage 3 will take several months to heal. Stage 4 is the most severe. At this point a wound crater can be down to the bone, meaning the tissue, muscle, and ligaments have rotted or died. Infection, sepsis, and septic shock are very likely at this stage, which is why it can take several months to two years to heal.
Who will be held responsible for the abuse?
If any form of abuse takes place, usually the nursing home will be held liable. It doesn’t matter if the abuse come from a nursing home staff member or another resident, the nursing home will usually be held liable.
Under Georgia law, nursing homes are required to provide a reasonable standard of care that prevents abuse from taking place. This means making sure that the right nursing home staff is hired and trained properly. At times abuse occurs from a nursing home staff member due to their lack of patience. If this occurs the nursing home will be held liable, and the nursing home staff member will possibly face jail time.
When abuse occurs from another resident, the nursing home may still be held liable. Nursing homes are required to conduct assessments for each and every resident. In doing so, they should be able to identify potential abusive residents. If the proper assessments are not taken, then other residents may be exposed to potential abuse from violent and abusive residents.
My loved one was hurt in a Canton nursing home – What do I do next?
If your loved one has suffered from negligence or abuse at a Canton, Georgia nursing home, that has resulted in an injury or death, then we advise you to act as soon as possible. The sooner you act, the sooner you can 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 has a division known as The Healthcare Facility Regulation. This division investigates cases of nursing home neglect and abuse. They also certify and regulate nursing homes across 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 is another program where you can file a complaint through. The Ombudsman help resolve complaints between residents and their nursing homes, and they are also authorized by 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:
Northern Region – Georgia Long-Term Care Ombudsman Program
4080 Mundy Mill Road
Oakwood, GA 30566
Telephone: (770) 538-2685
Fax: (770) 538-2696
You may report physical assault or abuse to local law enforcement
If your loved one has suffered from assault by a nursing home staff member or a fellow resident, then you should file a police report immediately. Depending on the severity of what occurred, criminal charges may be brought against the perpetrator by the District Attorney’s Office: Blue Ridge Judicial District.
For abuse occurring in a Canton, Georgia nursing home, report the crime to the Police Department of Canton, Georgia or to the Cherokee County Sheriff.
Police Department of Canton, Georgia
221 E Marietta St
Canton, GA 30114
Telephone: (770) 720-4883
Cherokee County Sheriff’s Office
498 Chattin Dr
Canton, GA 30114
Telephone: (678) 493-4200
Cherokee County District Attorney’s Office
90 North St, Ste. 390
Canton, GA 30114
Telephone: (770) 479-1488
Find another facility for your loved one.
If your loved one has suffered from neglect or abuse, it is within your right and your best interest to seek a better suited facility. When you begin researching for potential nursing home facilities, you should conduct walkthroughs and ask as many questions as possible, in order to get a feel for the facility and their staff. Another useful tool to use is the Nursing Home Compare website which is operated by the United States Centers for Medicare and Medicaid Services (CMS). The site gives ratings to every nursing home in the country. These ratings are based off several factors such as quality, inspection scores, and nurse-to-resident ratios.
Click here to go to the Nursing Home Compare Website.
For your convenience, a list of all nursing homes located within Canton, 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, it is important that you obtain their medical records immediately. The reason you need to obtain their medical records quickly is because nursing homes will usually stop at nothing to place the blame on your loved one. For example, if your loved one was to suffer a broken bone from a fall that was due to a wet floor, then the nursing home will try and claim that your loved one’s bone was already broken. Even if all the evidence is stacked against the nursing home.
In order to build your loved one’s case, you will need to obtain their medical records. Their medical records will show who their primary physician was, and they’ll also contain information that pertains to their hospital visit. You also need to obtain the nursing home medical records, because these will sometimes show signs of negligence or potential abuse.
To obtain your loved one’s medical records, you will need the proper written authorization. State and Federal privacy laws prevent third-parties from viewing or obtaining medical records. The proper written authorization that you’ll need will usually be in the form of a power of attorney, guardianship paperwork, or a healthcare directive.
If your loved one has been injured at a Canton nursing home, then their medical records will likely be at one of the hospitals listed below. After you’ve obtained the proper written authorization, your next step will need to be to make a request to the Release of Information Department of the hospital.
- Northside Hospital – Cherokee: (770) 224-1000
- Piedmont Mountainside Imaging Center Canton: (770) 720-3353
- Northside – Children’s Pediatric Center: (770) 720-6963
Begin the probate process if your loved one has passed away.
Your loved one’s right to pursue a claim does not go away if they’ve passed away. A deceased person’s right to pursue a lawsuit is handed over to the Estate. For example, the plaintiff will go from being “Dan Smith” to “The Estate of Dan Smith”. To file the lawsuit, the Estate will first need to be established. In order to do so, 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 same predicament, it is imperative that you setup the Estate immediately. In doing so, you will appoint a personal representative, who is often referred to as an Administrator or an Executor. The 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 Cherokee County.
Cherokee County Probate Court
90 North St, Ste. 340
Canton, GA 30114
Canton Nursing Home Abuse Lawyer Near Me (678) 823-7678
Nursing Homes in Canton, Georgia
Nursing homes are different. There are no two alike, as each have their own pros and cons. Below you’ll find information on nursing homes located in Canton, Georgia, along with relevant information for each. This information is taken from CMS’ Nursing Home Compare Website.
| Brian Center Health and Rehabilitation/ Canton 150 Hospital Circle NW Canton, GA 30114 | Overall Rating: 5 out of 5 (Much Above Average) Number of Beds: 100 Number of Residents: 86 RN hours per resident per day: 19min (GA Avg: 34min) |
| Health Inspection Rating: 5 out of 5 (Much Above Average) Staff Rating: 1 out of 5 (Much Below Average) Quality Measure Rating: 5 out of 5 (Much Above Average) Most Recent Health Inspection Date: 02-15-2018 Number of Health Citations: 9 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 | |
| Canton Nursing Center 321 Hospital Road Canton, GA 30114 | Overall Rating: 2 out of 5 (Below Average) Number of Beds: 100 Number of Residents: 83 RN hours per resident per day: 9min (GA Avg: 34min) |
| Health Inspection Rating: 3 out of 5 (Average) Staff Rating: 1 out of 5 (Much Below Average) Quality Measure Rating: 3 out of 5 (Average) Most Recent Health Inspection Date: 11-09-2017 Number of Health Citations: 3 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting in citation: 1 Federal fines in previous 3 years: 0 | |
Why Choose Schenk Smith as your Nursing Home Lawyers?
When you begin your search for an attorney you will encounter plenty of options. While we understand you have plenty of options, we would like for you to consider us as the best option to represent you and your loved ones. Here are some reasons why we think you should consider us:
- Highly Regarded: Our attorneys have been selected as Georgia Super Lawyer Rising Stars. Which is why we are the best Google reviewed law firm in Georgia that focuses on nursing home cases. And if that’s not good enough for you, then check out our client testimonials, and see for yourself why we are highly regarded.
- Focused Only On Nursing Home Cases: Our practice focuses only on nursing home cases of abuse and neglect. We don’t practice any other form of law. Focusing in one area makes us more knowledgeable about changes in law that pertain to nursing home cases. This knowledge along with our experience has had an immense value to our clients as we’ve had millions in verdicts and settlements in the past two years.
- Resourceful: Our firm has over 200 videos on our site, along with countless podcast episodes and blog articles that are all dedicated towards nursing home law. At Schenk Smith our attorneys also attend and lead legal education seminars dedicated to nursing home cases. Our attorneys are also members of senior citizen advocacy groups.
If your loved one was injured or died in a Canton, 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.