Is your loved one suffering from neglect or abuse at a LaFayette nursing home? If so, know that they are not alone. Plenty of elderly residents in nursing homes around Georgia are currently suffering or have suffered from some form of neglect or abuse. This is why at Schenk Smith we have dedicated all of our efforts to helping elderly residents and their loved ones fight back against nursing homes. After you’ve had the chance to check out our online resources, 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 done by a staff member that results in the resident being injured. For example, an act of neglect can be when a staff member fails to follow the proper diet set forth by a resident’s physician. Abuse on the other hand is an intentional act that is done with the intent to harm. Regardless if it’s neglect or abuse, neither should ever be condoned.
My loved one was injured or killed – Can I sue the nursing home?
If your loved one was injured or killed due to negligence or abuse from the nursing home, then it is within your legal right to pursue legal action. Nursing homes are required by Georgia law to provide a reasonable standard of care, which means resident should be taken care of and provided any special recommendations they may need.
If your loved one develops bedsores, and the bedsores go unaccounted for and eventually develops into septic shock (which has a 50% mortality rate), then the nursing home has committed a clear act of negligence, and in result may be held liable for whatever the outcome is. The same applies for abuse. Physical abuse can lead to obvious injuries that will leave the nursing home liable. Emotional abuse though can prove to be very detrimental to a resident’s health, which will also leave the nursing home liable.
What is the limitations period for suing the nursing home?
In Georgia, the statute of limitations for personal injury and medical malpractice is 2 years. This is why if you feel there has been some neglect or abuse on behalf of the nursing home, it is imperative that you contact a nursing home attorney immediately. Procrastination can prove to be fatal to potential lawsuits. The law does not allow an individual unlimited time to sue for an injury.
Most lawsuits regarding injuries are state specific and the statute of limitations dictates how long a plaintiff has to bring a lawsuit. If you fail to bring a suit within the time set forth by the statute of limitations, then you are almost guaranteed to have your case dismissed by the court. Some nursing home cases have certain other requirements that must be met prior to filing. For example, an affidavit by a medical professional supporting the claim. Acquiring stuff like this can take time, which is why it is important to contact an attorney immediately.
We are Schenk Smith, your LaFayette nursing home lawyers.
We are completely dedicated towards helping elderly residents fight back against nursing home neglect and abuse. We are not interested in practicing any other form of law, nor are we interested in representing any other type of client.
Our passion for nursing home cases comes from our founding attorney Schenk Firm. Before becoming an attorney, Schenk Firm served as a Marine, and as a CNA in Georgia nursing homes for nearly a decade. His discipline and passion resonates throughout our firm, and sets the standard from which we practice.
When you visit our site, you will notice countless of online resources. Our site has plenty of videos, podcast episodes, and blog articles which are all dedicated to nursing home cases. After you’ve had the chance to check out our resources, 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 the Little River Canyon National Preserve, the Sequoyah Caverns, or Cloudland Canyon State Park, we’ve got you.
Nursing Home Abuse & Neglect in LaFayette, Georgia – What you need to know.
LaFayette, Georgia is located in Walker County, and has a population of 7,121 residents. Of those residents, 17% are aged 65 and older. Like in other nursing homes around the state of Georgia, neglect and abuse occur frequently.
What are the signs that my loved one has been neglected?
The most common signs of neglect are:
- Poor Hygiene
- Malnutrition
- Unexplained Injuries
- Changes in Behavior
- Unsafe/Unsanitary Living Conditions
It is important to spot these signs early on before the neglect continues and gets worse. When a nursing home doesn’t have enough staff or doesn’t train its staff properly, residents’ hygiene will usually be the first thing to suffer.
Nursing home staff members are required to assist elderly residents with their day to day activities, such as:
- Brushing their teeth
- Brushing their hair
- Changing their clothes
- Clipping their nails
When a staff is unable to assist to elderly residents with these basic necessities, then neglect will usually occur. When you notice that your loved one looks dirty, or smells, or looks ill and weak, then chances are some form of neglect has taken place.
Are bedsores dangerous?
Bedsores, or otherwise known as pressure ulcers or decubitus ulcers, is a lesion caused by unrelieved consistent pressure that results in damage to the underlying tissue. A bedsore occurs if pressure to a particular point of the body has impaired circulation to the underlying tissue. Without appropriate blood flow, muscles do not receive oxygen and nutrients. Tissue and muscle deprived of blood begin to decay and die.
The worst bedsores can be so deep that the bone ends up being exposed. Bedsores are quite dangerous, as common complication due to infection can include the following:
- Cellulitis
- Osteomyelitis
- Septic Arthritis
- Sepsis or Bacteremia
Bedsores left exposed can prove to be extremely dangerous, and sometimes even fatal.
What are the common injuries in nursing homes?
There are plenty of injuries that occur in nursing homes. Some of the most common injuries are:
- Cuts
- Welts
- Bruises
- Bleeding
- Broken Bones
- Bedsores
All of these can stem from nursing home neglect. When a nursing home staff fails to provide a reasonable standard of care, and fails to monitor its residents, then injuries will likely occur. For example, if a resident needs to use the restroom, but there isn’t enough staff to help out the resident to go to the restroom, then chances are that resident will try to take matters into their own hands and attempt to go to the restrooms on their own. When this occurs, the chances for an injury are greatly increased due to the lack of supervision.
The same applies for bedsores. Even though bedsores are common, they are very easy to prevent. When the nursing home staff fails to monitor their residents who are immobilized, then bedsores will likely develop.
For a free legal consultation with a Nursing Home Abuse lawyer serving Lafayette, call
My loved one was hurt in a LaFayette nursing home – What do I do next?
If your loved one has been injured, abused, or has passed away at a LaFayette, 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
The Georgia Office of the Long-Term Care Ombudsman presents another option. The Ombudsman is a group 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:
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 been assaulted at a LaFayette nursing home and has suffered injuries, 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: Lookout Mountain Judicial District.
For abuse occurring in a LaFayette, Georgia nursing home, report the crime to the Police Department of LaFayette, Georgia or the Walker County Sheriff.
Police Department of LaFayette, Georgia
760 Jimmie Mayfield Blvd
Fayetteville, GA 30215
Telephone: (770) 461-4441
Walker County Sheriff’s Office
105 S Duke St
LaFayette, GA 30728
Telephone: (706) 638-1909
Walker County District Attorney’s Office
114 E. Patton St
LaFayette, GA 30728
Telephone: (706) 638-2121
Find another facility for your loved one.
If your loved one is suffering from neglect or abuse at a LaFayette nursing home, then it is in your best interest to find a better suited facility. When you begin your search for a new facility, it is important to take part in 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. Another tool to use 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, 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 LaFayette, 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 LaFayette nursing home, it is important to get their medical records as soon as possible. Nursing homes will usually stop at nothing to place the blame of an injury on the resident rather than accepting responsibility. For example, if your loved one were to suffer a broken hand from a slip and fall over a debris filled floor, the nursing home will likely try to claim that their hand was already broken before the fall, even if the medical records show that wasn’t true.
In order to protect your loved one’s rights, you need to obtain their medical records. Those will usually show valuable information on 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 will sometimes show signs of neglect or abuse.
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, guardianship paperwork, or a healthcare directive.
If your loved one was injured at a LaFayette 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”. Before a lawsuit can be filed, the Estate must first be established. This means that 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 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 Walker County.
Walker County Probate Court
103 S Duke St, Ste. 101
LaFayette, GA 30728
Lafayette Nursing Home Abuse Lawyer Near Me (678) 823-7678
Nursing Homes in LaFayette, Georgia
Every nursing home is different, as each have their own pros and cons. Below is a list of nursing homes in LaFayette, Georgia, along with relevant information for each. This information is taken from CMS’ Nursing Home Compare Website.
| Pruitthealth – Shepherd Hills 800 Patterson Rd | Overall Rating: 1 out of 5 (Much Below Average) Number of Beds: 112 Number of Residents: 103.8 RN hours per resident per day: 26min (GA Avg: 24 min) |
| Health Inspections Rating: 1 out of 5 (Much Below Average) Staff Rating: 2 out of 5 (Below Average) Quality Measure Rating: 4 out of 5 (Above Average) Most Recent Health Inspection Date: 07-20-2017 Number of Health Citations: 2 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 ($325,098 fine on 03-21-2016; $12,688 fine on 07-20-2017) | |
| Pruitthealth – Lafayette 205 Roadrunner Boulevard | Overall Rating: 1 out of 5 (Much Below Average) Number of Beds: 100 Number of Residents: 80.7 RN hours per resident per day: 19min (GA Avg: 24 min) |
| Health Inspections Rating: 1 out of 5 (Much 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: 01-31-2018 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: 1 ($166,140 fine on 12-10-2015) | |
Why Choose Schenk Smith as your Nursing Home Lawyers?
When you begin searching for an attorney, you will come across plenty of options. While there are many attorneys to choose from, we would like for you to consider us as the top choice. Here are a couple reasons why we feel we’d be the best choice to represent you and your loved ones:
- 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.
- Resourceful: When you visit our website, you will come across over 200 videos, 100 podcast episodes, and countless blog articles which are all dedicated to nursing home cases. Our attorneys also attend and lead legal education seminars which are dedicated to nursing home cases.
- Sole Focus: Since we only practice one form of law, we have dedicated all of our skills and knowledge to nursing home law. Even though we offer free consultations to everyone, we are very selective with the cases we choose to represent. This means that we are ready and willing to see your case to trial, which in the past two years has resulted in millions in verdicts and settlements.
If your loved one was injured or died in a LaFayette, 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.