If you think your loved one may have been neglected or abused in a Calhoun nursing home you are not alone. Nursing home abuse is not uncommon. Our website provides you with the information and tools you need to learn about this problem so you can take action and fight back. We have tried to answer most of the common questions but you are likely to have some more. If so, please don’t hesitate to give us a call. We are here to assist you in any way we can.
There are some differences between abuse and neglect in a nursing home. Abuse is usually the result of an intentional act while neglect is typically unintentional. Abuse happens when someone performs an act to intentionally harm someone. Neglect occurs when someone does something that causes harm although they didn’t necessarily intend for it to happen. Your loved one may be a victim of abuse or neglect and neither one are ever acceptable.
Should I bring a claim on behalf of my loved one?
If your loved one was injured or died as a result of nursing home abuse or neglect you may want to consider filing a claim on their behalf. It is important to know that only a person with legal authority to act on behalf of the deceased person’s estate is allowed to file a lawsuit.
While nothing can bring your loved one back, a lawsuit can bring some justice and may prevent others from going through the same pain and suffering that your loved one suffered. The nursing home will be held responsible for their negligent actions and will need to pay medical expenses and other damages as a result of their abuse or neglect.
Can I get the police involved?
Sometimes abuse or neglect rise to the level of criminal behavior. For example, if your loved one was assaulted in a nursing home it is behavior that is against the law. Whether assaulted by a staff member or another resident, the responsible party should be brought to justice. It is advisable to file a police report any time possible criminal behavior has occurred.
Once you file a police report it is up to law enforcement to handle the criminal portion of the case. They will investigate what happened and they may arrest the responsible party. It is important that you take action by filing a police report so that the same thing won’t continue to keep happening with other residents.
We are Schenk Smith, your Calhoun nursing home lawyers.
You will notice that our website includes quite a bit of information about nursing home abuse and neglect. That is because those are the only types of cases we handle. We don’t handle divorces or criminal defense. We strictly take care of lawsuits against nursing homes for abuse, neglect and medical malpractice.
We are the best Google-reviewed Georgia law firm that focuses on nursing home cases. We have obtained millions of dollars in verdicts and settlements for our clients in the past two years.
You probably have many questions and concerns about abuse and neglect in a nursing home. Take some time to review the information we provide online including Podcasts, videos, and blogs. After you review the information please feel free to give us a call to schedule a consultation. When you are ready to talk to us we will be available for you wherever you are located including near the BB & T City Park, Chieftains Museum or the New Echota Cherokee Capital State Historic Site.
Nursing Home Abuse & Neglect in Calhoun, Georgia- What you need to know.
Calhoun, Georgia is located in Gordon County and has a population of 16,139 residents. Of those, 13.30% are aged 65 and older. Elder abuse occurs here as it does in other parts of Georgia.
It is important to watch for signs of nursing home neglect. Your loved one may not want to come forward to report a problem so it is up to you to spot the signs of nursing home neglect.
- Weight Loss – If your loved one has a sudden or steady weight loss it could be cause for concern. They may be suffering from a nutritional deficit and might not be eating properly. This may indicate that your loved one isn’t being adequately supervised, particularly at mealtime. Caregivers should be aware of the nutritional intake of residents and when they aren’t it could cause a medical problem.
- Poor Hygiene – Not all nursing home residents can take care of their daily personal hygiene. They require help from nursing home caregivers to wash their face, brush their teeth, go to the bathroom and brush their hair. If you notice that your loved one has an unkempt appearance it may indicate that they are being neglected. A staff member may not have assisted your loved one with his or her daily personal tasks.
- Moodiness or Change in Demeanor – Your loved one may suddenly become withdrawn, moody or cranky. This could be due to a problem that is occurring with the care that is being provided. Your loved one may be reluctant to discuss any abusive or neglectful situation and may be unwilling to share the details with you or anyone else.
What bodily injuries are most likely to happen?
Neglect or abuse in a nursing home can result in a myriad of different injuries. There are some injuries that are more likely to occur than others such as:
- Fractures – Bone fractures are common among elderly nursing home residents. A fall can result in a broken bone or fractured hip. Even a fall from a relatively short distance can cause a serious break. Unfortunately, when an elderly person suffers a break or fracture it may require surgery and will often result in a lengthy period of recovery. This can lead to even more serious medical difficulties.
- Bedsores – Bedsores, also called pressure ulcers, are likely to occur in those who are bedridden or immobile. The person is unable to change positions on his own and requires assistance from a caregiver. Sadly, caregivers don’t always provide enough repositioning and the result is a pressure ulcer that can be painful and might get infected.
- Dehydration – Residents don’t always get the fluid intake they need on a daily basis. It is up to the caregivers to ensure that residents have plenty of beverages and that they actually drink enough of them. Some residents may avoid drinking too many liquids because they don’t have enough assistance to get to the bathroom. Dehydration can lead to many medical problems including organ failure.
What are the most common causes of neglect?
Many different factors can contribute to neglect in a nursing home. Some of the most common causes of neglect include:
- Inadequate Staffing – When there are too few staff members to handle the number of residents it can result in neglect. Residents require assistance with many of their daily tasks and if a caregiver isn’t available the resident may go without the necessary help. Overworked staff members are more likely to take shortcuts with care and to overlook some of the needed components of high quality care.
- Insufficient Funding – When a nursing home does not get the funding they need the care of the residents may suffer as a result. The nursing home may need to reduce staff members, may not be able to provide pay raises and might be unable to attract high-quality caregivers.
- Poor Management – A nursing home that doesn’t have adequate management will not be able to provide top quality care. Management turnover and poor management salaries could lead to less than satisfactory supervision. The result is a poorly run facility that does not have a high standard of care.
My loved one was hurt in a Calhoun nursing home- What do I do next?
If your loved one was severely injured or passed away at a Calhoun, Georgia nursing home, then we recommend that you act as soon as possible to 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’s Healthcare Facility Regulation investigates nursing homes for neglect and abuse. Their offices also regulate and certify nursing homes in 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
It is also possible to file a complaint with the Georgia Office of the Long-Term Care Ombudsman. The Ombudsman program offers statewide assistance for those who need to file a complaint about nursing home abuse, neglect or other concerns. The ombudsman representatives have special training and are allowed to enter nursing homes to ask questions regarding complaints that they receive.
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 also report physical assault or abuse to local law enforcement
If your loved one was harmed physically due to abuse or an assault in a nursing home or died as a result of an unlawful action, you may file a police report. The incident will be investigated by law enforcement and charges may files by the District Attorney’s Office: Blue Ridge Judicial District.
For abuse occurring in a Calhoun, Georgia nursing home, report the crime to the City of Calhoun Police Department or to the Gordon County Sheriff’s Office.
City of Calhoun Police Department
200 N. Wall St.
Calhoun, GA 30701
Telephone: (706) 629-1234
Gordon County Sheriff’s Office
2700 US-41
Calhoun, GA 30701
Telephone: (706) 876-5450
Cherokee County Office of the District Attorney
90 North St., Ste 390
Canton, GA 30114
Telephone: (770) 479-1488
Find another facility for your loved one.
Sometimes it might be a good idea to locate a different nursing home for your loved one. This is particularly important if your loved one is in danger or has already suffered from abuse or neglect. It can be difficult to choose a nursing home but it is easier when you have more information. Certainly you should visit the facility to see it for yourself, but that alone isn’t always enough to keep your loved one safe.
The United States Centers for Medicare and Medicaid Services (CMS) provides information about all nursing home on their website. They have a rating system that gives you information and ratings about the care that is provided, the inspection scores and other details about each specific nursing home so you can more easily compare.
Click here to go to the Nursing Home Compare Website.
For your convenience, a list of all nursing homes located within Calhoun, Georgia is located below, along with their contact information and inspection scores.
Get the medical records from the hospital and the nursing home.
Medical records are an essential part of any case of nursing home abuse or neglect. It is necessary to provide proof that your loved one suffered an injury due to the negligence of the care provided by the nursing home. Typically, the nursing home will try to avoid the situation by stating that the injury was a pre-existing condition and that it did not occur while at their facility.
Therefore, it is necessary to have all of the medical records for your loved one including those from any hospital where your loved one was treated as well as from the nursing home itself. While you need to gather this important information, only certain people are allowed to obtain it. There are privacy laws in place that preclude others from gaining access to your personal medical records.
Only those with legal authority are allowed to obtain someone else’s medical records, even if that person is your spouse, parent, sibling or other relative. In order to obtain legal permission to access medical information you must have durable power of attorney, guardianship or must be named in a healthcare directive. You may obtain medical records only if you are able to provide proof of your legal authorization.
If your loved one received medical care from a hospital it was likely the hospital listed below. You may file a request for medical information with the ‘Release of Information’ Department at the hospital. Here is the contact information for the local hospital:
- Gordon Hospital: (706) 629-2895
Begin the probate process if your loved one has passed away.
Everyone has the legal ability to file a lawsuit or claim when they are alive. When a person passes away they still have the ability to file such a claim as long as it is done through a legally appointed person. When a person files his own lawsuit he is the named plaintiff. If the person is deceased the lawsuit will be filed on behalf of person’s estate.
Only those who are legally named to act on behalf of a person’s estate are allowed to file a lawsuit. An estate must be established before a lawsuit can be filed. The estate will name a person who is in charge of the estate. This person is called the executor or the administrator and can make decisions on behalf of the deceased’s estate. To create an estate the deceased spouse or other relative must petition the Probate Court in the county where the person passed away.
Click here for the Probate Court of Gordon County.
Gordon County Probate Court
100 S Wall St.
Calhoun, GA 30701
Telephone: (706) 629-7314
Calhoun Nursing Home Abuse Lawyer Near Me (678) 823-7678
Nursing Homes in Calhoun, Georgia
If you are looking for a nursing home in Calhoun you know that it can be difficult. Nursing homes are not alike but you can more easily compare them using the list below. This information was obtained from the CMS Nursing Home Compare Website.
| Gordon Health and Rehabilitation
1280 Mauldin Road NE Calhoun, GA 30703 |
Overall Rating: 5 out of 5 (Much Above Average)
Number of Beds: 117 Number of Residents: 109.2 RN hours per resident per day: 21 min (GA Avg: 24 min) |
| Health Inspection Rating: 4 out of 5 (Above Average)
Staff Rating: 3 out of 5 (Average) Quality Measure Rating: 5 out of 5 (Much Above Average) Most Recent Health Inspection Date: 11-02-2017 Number of Health Citations: 1 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 |
|
| Calhoun Care Center
1387 Highway 41 North Calhoun, GA 30701 |
Overall Rating: 1 out of 5 (Much Below Average)
Number of Beds: 100 Number of Residents: 81 RN hours per resident per day: 10 min (GA Avg: 24 min) |
| Health Inspection Rating: 2 out of 5 (Below Average)
Staff Rating: 1 out of 5 (Much Below Average) Quality Measure Rating: 3 out of 5 (Average) Most Recent Health Inspection Date: 08-31-2017 Number of Health Citations: 6 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 |
|
Why Choose Schenk Smith as your Nursing Home Lawyers?
We understand that there are many attorneys to choose from. Although you have many options we think we would be an ideal choice for you and your family. Here are just a few of the reasons why we feel our law firm might be a good fit for handling your loved one’s nursing home case:
- Information: We provide hundreds of videos, articles and blogs on our website to help you learn about nursing home abuse and neglect. We also produce a weekly podcast with interesting topics. We are passionate about educating you and helping you learn what you can do about abuse and neglect.
- Focus: We focus only on nursing home cases. Because that is all we do we are extremely knowledgeable about changes in the law. We have the insight and experience to effectively resolve cases of abuse, neglect or wrongful death in nursing homes. One of our founding attorneys, Schenk Firm, was a CNA in Georgia nursing homes for a decade, so he understands nursing home cases.
- Personal Attention: Our attorneys provide you with personal attention throughout your case. We take only a limited number of cases and that allows us to provide our clients with the personal attention they deserve. Cases are handled primarily by the attorney, not a case manager and you will have access to your attorney via cell phone.
If your loved one was injured or died in a Calhoun, 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.