Columbus Nursing Home Abuse

If you suspect that your loved one has been injured in a nursing home, you have options. But you will want to act quickly. Please use this site as a resource for your next steps. Even better, give us a call. We can help.

Nursing home abuse and neglect is the mistreatment of residents by staff that violates the appropriate standard of care. The term “abuse” generally means intentional conduct, like punching or purposefully sedating a resident. The term “neglect” encompasses most unintentional conduct, like failing to reposition a resident with bedsores, to failing to keep a resident hydrated. Either way, serious physical injuries result.

Should I file a lawsuit? Do I have to?

There are two reasons to file a lawsuit. First, the jury will calculate the amount of money that the nursing home owes to your family for the harm that it caused. Second, the court will force the nursing home to pay you.

Typically, the nursing home will put its head in the sand and avoid you. You’ve likely already encountered that. While the law obligates that the nursing home right the wrongs that it has done to your family, this seldom occurs without either the threat of a lawsuit or the actual filing of a lawsuit. They are hoping that you go away. A high percentage of claims actual do walk away. So, while you don’t have to file a lawsuit to recover money, you will often be forced to file one in order to resolve the claim.

Getting compensation for your loved one’s harm is our main goal.

Can the nursing home be fined?

Nursing homes can be cited, fined, or shut down like any other business. Nursing homes are governed by strict Federal and Georgia laws. Facilities are investigated by Federal and state agencies at regular intervals throughout the year, or upon complaints by residents. During such an inspection, if violations occur, then they are documented and cataloged. Depending on the citation, the nursing home can be fined thousands of dollars, or even lose funding altogether.

We are Schenk Smith, your Columbus nursing home lawyers.

The only thing we do is sue nursing homes. That’s it. We do not defend DUIs. We do not represent car wreck victims. Our passion, experience, and knowledge are in helping families just like yours resolve claims against nursing facilities. In fact, our founding attorney, Will Smith, was once a CNA who worked in several nursing homes across Georgia. Once you’ve had a chance to read through our site, watch our videos, or listen to our podcast, please give us a call and let’s schedule a meeting to discuss your case. We will come to you, wherever you are in Columbus. Over by Fort Benning, in Midtown, or by I85. We’ve got you.

Nursing Home Abuse & Neglect in Columbus, Georgia- Does it happen?

Columbus, Georgia is located in Muscogee County and has a population of 202,824 residents. Of those, 12% are aged 65 and older. Like any other Georgia city, abuse of the elderly occurs on a daily basis.

What are the signs of abuse?

Nursing home abuse comes in many forms, including physical, psychological, and sexual. Perpetrators of abuse can be nursing home staff, family members of residents, or other residents. Nursing home abuse is a growing problem in Georgia facilities. Still, being vigilant and watching out for the signs and symptoms can minimize or prevent injury to your loved one. Be on the lookout for the following indicators of abuse and neglect.

Physical Abuse: Physical abuse is the most common form of abuse. These include punching, kicking, or manhandling residents. Typical signs of physical abuse include:

• Unexplained bruising, bleeding, fractures, cuts, and welts.
• Bloody, stained, or torn clothing or bedding.
• Unexplained changes in behavior.

Emotional Abuse: Emotional abuse occurs in nursing homes with poor staffing. This type of abuse includes improperly restraining or isolating residents, or intentional over medicating residents.

• Becoming more and more distant emotionally.
• Showing fear towards certain staff.
• Unexplained weight loss or weight gain.

Sexual Abuse: Sadly, sexual abuse is becoming more and more common. This type of abuse can be perpetrated by nursing home staff as well as other residents. Be on the lookout for these warning signs:

• Mood swings and sudden outbursts of emotion.
• Undergarments or other clothing worn inside out or otherwise disheveled.

What are common injuries in nursing homes?

Most residents of nursing home facilities are of advanced age. Therefore, residents are typically more likely to sustain physical injuries than the general population. As such, nursing homes are required to take appropriate preventative measures to prevent risks to residents, particularly those that are prone to certain injuries like falls or bedsores.

• Bedsores: Bedsores, also called pressure ulcers or pressure sores, are injuries to the skin and underlying tissue. Bedsore wounds occur at locations on the body that receive prolonged pressure or bear consistent amounts of body weight. When a particular part of the body, like the buttocks, absorbs the weight of the body, blood flow can be restricted or cut off. As a consequence, muscle and tissue can quickly start to deteriorate, followed by the skin. Over time, the wound opens up at the skin and grows deeper and deeper. The larger the wound grows, the harder it is to heal and the greater the chance of infection.

• Falls: Nursing home residents are at greater risk of falls for several reasons. Many are of advanced age, have visions or cognitive impairments, are medicated, or have mobility issues. Not only are residents more prone to falls, they are more likely to receive severe injuries. This makes a hazardous combination. Many falls go unnoticed by family and staff. This can lead to deadly results. Cuts, bruises, or scratches at the knees, elbows, or face, along with a sudden mental change, is a strong indicator that a fall has occurred.

Why does nursing home abuse occur?

There are three main reasons why nursing home abuse and neglect occurs.

First, nursing homes are generally understaffed. Working in a nursing home is already a tough and thankless job. Day in and day out, nurses and staff encounter difficult conditions. When asked by owners and operators to then ‘pick up slack’ or perform multiple jobs, staff can reach their breaking point. Overworked staff can lash out or get physical with residents because they are trying to do several things at once.

Second, nursing homes are often inadequately staffed and improperly trained. Some people just aren’t cut out for the healthcare field. You’ve likely encountered this type of employee. They lack empathy for the residents and do not seem to care about their job. Further, studies indicate that nursing staff are not properly trained upon hire. As such, you have the wrong types of employees providing the wrong types of care.

Third, nursing home operators often underfund their operations. Like any other for-profit venture, nursing home owners will seek to cut costs in order to increase profit. This means less money to attract and keep excellent, qualified staff, or supplies. As a result, bedsores go unnoticed, residents that need two-person assists get one, and food goes spoiled. This leads to an environment of top-down irresponsibility and is a breeding ground for abuse. If the boss doesn’t care, why should the staff?

My loved one was hurt in a Columbus nursing home- What do I do next?

If your loved one was severely injured or passed away at a Columbus, 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

Healthcare Facility Regulation, a division of the Georgia Department of Community Health, investigates complaints of nursing home resident abuse and neglect. The agency 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

You may also lodge a complaint with the Georgia Office of the State Long-Term Care Ombudsman. The  Long-Term Care Ombudsman program advocates on behalf of nursing home residents The State Office certifies and trains community ombudsmen who work to resolve concerns of long-term care facility residents statewide. Ombudsman are granted the authority to intervene in a problematic situation with the direct permission of the resident or representative.

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 also report physical assault or abuse to local police

If your loved one suffered physical assault or abuse directly at the hands of nursing home staff or another resident, you may want to file a police report. Depending on the severity of the incident, criminal charges may be brought against the abuser by the Muscogee County District Attorney’s Office.

For abuse occurring in a Columbus, Georgia nursing home, report the crime to the Police Department of Columbus Georgia.

Police Department of Columbus, Georgia

510 10^th Street

Columbus, GA 31901

Telephone: (706) 653-3231

Find another facility for your loved one.

Depending on the severity of the neglect or abuse, it may not be wise to keep your loved one in the current facility. Finding another nursing home that is safe, trustworthy, accepts Medicare or Medicaid, and is close can be difficult and time consuming. The Centers for Medicare and Medicaid Services (CMS) have created a website that scores every nursing home in the county accepting Federal funding. The scores are based on factors like quality, nurse-to-resident ratio, and inspection scores.

Click here to go to the Nursing Home Compare Website.

Still, you will need to further investigate any potential nursing home in person. Talk to nurses, staff, and other residents. Request a tour. Be wary of nursing homes that appear deserted or are “too busy” to speak with you about placing a loved on in that facility.

For your convenience, a list of all nursing homes located within Columbus, Georgia is located below, along with their contact information and inspection scores.

Get the medical records from the hospital and the nursing home.

Investigating your loved one’s potential claim often requires understanding what happened to them medically. What was the diagnosis, treatment, and cause? The answer to these questions is often found in the medical records. You will need to make a formal request for your loved one’s records at the hospital or nursing home. However, Federal law protects every patient’s privacy. In order to view another person’s medical records, you will need to have the appropriate, written authorization. This usually comes in the form of a durable power of attorney, healthcare directive, or guardianship paperwork. Without this, your request will likely be refused.

If your loved one was injured in a nursing home in Columbus, Georgia, then it is likely that he or she was taken to one of the following hospitals. The contact information for the hospital medical records request department are listed below.

• Francis Hospital: (706) 596-4000
• West Central Georgia Regional Hospital: (706) 568-5000
• Columbus Regional-Piedmont: (706) 571-1000

Begin the probate process if your loved one has passed away.

Your loved one’s estate will need to go through the Probate Court in order to settle all affairs, or, more importantly, bring a lawsuit. If your loved one had a will, then it will likely have appointed a personal representative to administrate the Probate proceedings. If there was no will, then any individual, usually the surviving spouse, child, or grandchild, can petition the court to be the personal representative. The personal representative will act on behalf of your loved one, settling debts, collecting any monies owed, and other items, just as if he or she was alive. The estate, once established, will also be one of the parties that brings the lawsuit against the nursing home for abuse or neglect.

If there is no will, and you are going to petition the Probate Court to appoint you as the personal representative, then you will want to start at the Probate Court located in the county where your loved one lived at the time of death. This will likely be the county in which the nursing home is located.

Click here for the Probate Court of Muscogee County.

Muscogee County Probate Court

(706) 653-4331

100 East 10^th Street

Columbus, GA 31901

Nursing Homes in Columbus, Georgia

Not all nursing homes are the same. Here is a list of the nursing homes in Columbus, Georgia, along with pertinent information for each. This information is taken from CMS’ Nursing Home Compare Website.

Why Choose Schenk Smith as your Nursing Home Lawyers?

There are lots of attorneys out there. We know you have a choice. We hope that you consider us to represent you and your family. Here are some reasons why we should be your first call:

• Focus: Suing nursing homes for abuse and neglect is all that we do. We do not handle DUIs. We do not do immigration or business law. We concentrate in nursing home law because that is what is required to be the best. Being the best means maximizing recovery for our clients every case.

• Industry Leaders: Rob Schenk and Will Smith are recognized by the Georgia law community as Rising Stars because they are not only aggressive trial lawyers, but educators. Schenk and Smith host the weekly Nursing Home Abuse Podcast and upload to the internet hundreds of videos per year on the subject of nursing home abuse.

• Recognized for Client Service. We are currently the best Google reviewed law firm concentrating solely in nursing home abuse and neglect in the State of Georgia. Feel free to read what our clients have to say here.

If your loved one was injured or died in a Columbus, 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.