Has your loved one suffered from abuse or neglect at a Cedartown nursing home? If so, know that they are not alone. Abuse and neglect occurs too often in nursing homes across the state of Georgia. That’s why at Schenk Smith, we have dedicated all of our efforts, skills, knowledge, and resources to helping elderly residents fight back against nursing home neglect and 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.
Neglect and abuse occur often yet they are a bit different. Neglect is usually an unintentional act that results in a resident being injured. When a caregiver fails to follow the diet set forth by a resident’s physician, that staff member has committed an act of neglect. Abuse though is usually an intentional act done by a staff member or another resident with the intent to harm. Neither abuse or neglect should ever be condoned in any nursing home.
Why sue a nursing facility for neglect?
Nursing homes are required to provide a reasonable standard of care to all of their residents. Georgia law requires for nursing homes to be fully staffed with well-trained caregivers who are adequate enough to provide the necessary care to elderly residents. Failure to do so, may leave the nursing home liable for any neglect that may take place.
If your loved one has suffered from nursing home neglect, then it is within their right to pursue a lawsuit, especially if they were injured as a result of the neglect. Staff members are required to assist guests with their everyday activities, while making sure to follow any instructions set forth by the resident’s physician. Failure to do so can lead to dire health consequences for the elderly resident.
When will the case be resolved?
Lawsuits that go all the way to trial can sometimes take anywhere from 18 months to 2 years to complete. A case will usually begin when the attorney for the plaintiff creates a demand package. The demand package will show the strength of the case and will have relevant documents and evidence that pertain to the investigation. The package will also contain a specific amount, which in return the plaintiff will promise to not pursue the case.
Once the attorneys of the nursing home receive the demand package, they will then conduct their own investigation. After they’ve completed their investigation, their next step will be to counter the amount requested with a much smaller amount. When this happens both parties will then enter into negotiations in order to reach a settlement. If a settlement is not reached during this time, then the case will go to trial. But even though a case goes to trial, there still lies a good chance to reach a settlement, as most settlements are usually reached during trial.
We are Schenk Smith, your Cedartown nursing home lawyers.
We are completely dedicated towards assisting elderly residents and their loved ones who are looking to pursue a lawsuit against a nursing home that has committed an act of neglect or abuse. We do not represent any other type of client, nor are interested in doing so.
Our passion for assisting elderly residents comes from our founding attorney Schenk Firm. Before becoming an attorney, Will served as a Marine, and a CNA in nursing homes across Georgia for nearly a decade. His passion for helping others is something we strive to represent in our efforts at our firm.
When you visit our site, you will encounter various videos, podcast episodes, and blog articles that are all dedicated to nursing home law. After you’ve had the chance to check them out, 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. Whether you’re by the Rome Area History Museum, the De Soto State Park, or the Little River Canyon National Preserve, we’ve got you.
Nursing Home Abuse & Neglect in Cedartown, Georgia – What you need to know.
Cedartown, Georgia is located in Polk County, which has a population of 9,752 residents. Of those residents, 16.20% are aged 65 and older. Like in other nursing homes around the state of Georgia, neglect and abuse occur frequently.
Is my loved one at risk if I report the neglect?
We are asked this question quite often. Fear of revenge, is usually the number one reason why nursing home abuse and neglect go unreported. Truth is, until something is said, nursing home neglect and abuse will continue to occur, leaving your loved one exposed to potential dangers.
That’s why if you feel your loved one is suffering from neglect, it is important to contact a nursing home attorney immediately. The attorney you hire will do three things, which are:
- Watch
- Investigate
- Report
With an attorney working your case, and being around the nursing home, the chances of neglect continuing will sharply decline. It’s a lot harder for a caregiver to continue committing acts of negligence, knowing that someone is investigating and watching.
My loved one developed septic shock – Is the nursing home liable?
If your loved one developed septic shock at a nursing home, you may have a claim against the nursing home for neglect. Georgia law requires the nursing home to compensate your loved one for all ensuing damages that comes from developing septic shock, which includes medical expenses, pain, and suffering.
Many nursing home residents develop septic shock as a result of feeding tubes or urinary catheters, which increase the risk of infection. Most nursing home residents are already at a high risk of developing illnesses due to a compromised immune system. When an elderly resident is left untreated or improperly cared for, and infection can lead to septic shock.
This is why nursing homes need to take great care to protect residents against infection, by minimizing their use of catheters and feeding tubes. If they do use these medical instruments, then the caregivers need to follow the proper safety measures in order to minimize the risk of illness which can eventually lead to septic shock.
How do I know if this nursing home has been punished before?
If you’re looking to find valuable information of a nursing home such as if it’s been punished, then one source to go to is the Georgia Department of Community Health. They have a division known as the Healthcare Facility Regulation, which licenses, oversees, and inspects Georgia’s health care facilities.
Within that division is the Office of Facility Licensure, which is responsible for licensing, certifying, and overseeing over 15,000 health care facilities, including nursing homes. This same office investigates complaints, and performs surveys, generating valuable information on nursing homes in Georgia. They also have a comprehensive list of licensed nursing homes in Georgia. In these lists you’ll be able to find the locations of various nursing homes, as well as inspection reports.
For a free legal consultation with a Nursing Home Abuse lawyer serving Cedartown, call
My loved one was hurt in a Cedartown nursing home – What do I do next?
If your loved one has been injured, abused, or has passed away at a Cedartown, 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, which as we mentioned before is part of the Georgia Department of Community Health, investigates cases of nursing home neglect and abuse against elderly residents. They also regulate and certify 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
Another route to look at is through the Georgia Office of the Long-Term Care Ombudsman. The Ombudsman group consists of individuals who aim to resolve nursing home cases of abuse and neglect against elderly residents. They are also authorized under Georgia 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 been injured due to an assault at a Cedartown nursing home, then we advise you to contact the police immediately to file a police report. Depending on the severity of the crime, criminal charges may be brought against the perpetrator by the District Attorney’s Office: Tallapoosa Judicial District.
For abuse occurring in a Cedartown, Georgia nursing home, report the crime to the Police Department of Cedartown, Georgia or the Polk County Sheriff.
Police Department of Cedartown, Georgia
118 Philpot St
Cedartown, GA 30125
Telephone: (770) 748-4123
Polk County Sheriff’s Office
1676 Rockmart Hwy
Cedartown, GA 30125
Telephone: (770) 749-2900
Polk County District Attorney’s Office
100 Prior St
Cedartown, GA 30125
Telephone: (770) 749-2106
Find another facility for your loved one.
If your loved one is suffering from nursing home abuse or neglect, then it’s in their best interest to find a better suited facility for them. When you begin your search and have identified potential new facilities, it’s important to conduct walkthroughs. During these walkthroughs, you should 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 has 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 Cedartown, 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 Cedartown nursing home, then we highly advise you to obtain their medical records immediately. Nursing homes will usually stop at nothing to shift the blame for an injury on your loved one, rather than accepting responsibility. For example, if your loved one has suffered a broken bone due to a slip and fall over a wet surface, the nursing home will likely try to claim that the bone was broken before the fall, even if the evidence indicates that wasn’t the case.
To protect your loved one’s rights, you need their medical records, since those will show who the primary physician was, plus they’ll contain valuable information on the hospital visit. It is also important to obtain the medical records from the nursing home, since those at times may 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, a healthcare directive, or guardianship paperwork.
If your loved one was injured at a Cedartown 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 their death. For example, the plaintiff will go from being “John Doe” to “The Estate of John Doe”. But before the 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 currently dealing with this same situation, it is important to setup the Estate immediately. While 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 Polk County.
Polk County Probate Court
100 Prior St, Ste. 102
Cedartown, GA 30125
Cedartown Nursing Home Abuse Lawyer Near Me (678) 823-7678
Nursing Homes in Cedartown, Georgia
Every nursing home has their own pros and cons, making some better suited for specific residents. Below are the nursing homes located in Cedartown, Georgia, along with relevant information on them. This information is taken from CMS’ Nursing Home Compare Website.
| Cedar Valley NSG & Rehab CTR
225 Philpot Street |
Overall Rating: 4 out of 5 (Above Average)
Number of Beds: 100 Number of Residents: 78.3 RN hours per resident per day: 14min (GA Avg: 24 min) |
| Health Inspections Rating: 4 out of 5 (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: 08-24-2017 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 |
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| Cedar Springs Health And Rehab
148 Cason Road |
Overall Rating: 1 out of 5 (Much Below Average)
Number of Beds: 116 Number of Residents: 65.1 RN hours per resident per day: 13min (GA Avg: 24 min) |
| Health Inspections Rating: 3 out of 5 (Average)
Staff Rating: 1 out of 5 (Much Below Average) Quality Measure Rating: 1 out of 5 (Much Below Average) Most Recent Health Inspection Date: 05-18-2017 Number of Health Citations: 3 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 |
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Why Choose Schenk Smith as your Nursing Home Lawyers?
When you conduct your search for an attorney, you will come across various options. Even though you have options, we would like for you to consider us as the best choice to represent you and your loved ones. Here are a couple reasons why we think we should be your top choice:
- Highly Regarded: Schenk Smith is the best Google reviewed law firm in Georgia that focuses on nursing home cases. One of the reasons is because our attorneys have been selected as Georgia Super Lawyer Rising Stars. These are just a few reasons why our clients hold us in high regards. You can see for yourself by checking out our client testimonials.
- Sole Focus: We do not practice any other form of law, nor do we present any other type of client. Focusing on one area of law allows us to be more knowledgeable on any changes that may pertain to nursing home law. Even though we offer free consultations to everyone, we are very selective with the cases we choose to represent. But this means that we are ready and willing to see your case all the way to trial.
- Resourceful: When you visit our website you will come across over 200 videos, over 100 podcast episodes, and countless blog articles that will help you in your fight against nursing homes that have committed neglect or abuse. We are very serious about helping the elderly, as we also attend and lead legal education seminars dedicated to nursing home law. Our attorneys are also members of senior citizen advocacy groups.
If your loved one was injured or died in a Cedartown, 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.