If you suspect your elderly loved one has been injured in a care home, you have options. However, you should promptly contact a Columbus nursing home abuse lawyer to discuss those options before time starts making decisions for you.
At Schenk Nursing Home Abuse Law, the only cases we accept are people who have been harmed in their assisted living facility, nursing home, or other care facility.
We are your highly experienced Columbus, Georgia nursing home abuse team. Schedule a free consultation today to find out how much financial compensation we may be able to recover for the abuse your loved one endured.
What Are Nursing Home Abuse and Neglect?
Nursing home abuse and neglect are 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 or failing to keep a resident hydrated.
Either way, serious physical injuries result.
For a free legal consultation with a Nursing Home Abuse lawyer serving Columbus, call
What Are Common Injuries in Nursing Homes?
Most residents of assisted living facilities are of advanced age. Therefore, residents are more likely to sustain physical injuries than the general population.
Our team at Schenk Nursing Home Abuse Law can help if you need a:
- Columbus nursing home bedsores lawyer: Bedsores (also called pressure ulcers or pressure sores) are injuries to the skin and underlying tissue at locations on the body that receive prolonged pressure or bear consistent amounts of body weight. Over time, the wound opens up and grows deeper, increasing the chance of infection.
- Columbus nursing home falls lawyer: Not only are nursing home residents more prone to falls, but they are also more likely to receive severe injuries. Many falls go unnoticed by family and staff with potentially deadly results. Cuts, bruises, or scratches on the knees, elbows, or face, along with a sudden mental change, are a strong indicator of a fall.
Columbus Nursing Home Abuse Lawyer Near Me (678) 823-7678
How a Columbus Nursing Home Abuse Attorney Can Help
Dedicated nursing home abuse lawyer Rob Schenk has dedicated his career to helping care home victims and their families get maximum compensation for the neglect or abuse they endured in a place where they should have been safe.
Here are some of the ways the team at Schenk Nursing Home Abuse Law fights for victims.
Collect Evidence of Nursing Home Negligence or Elder Abuse
With our years of experience just handling cases of care home abuse or neglect, our legal team knows exactly where to find the necessary evidence to hold these facilities responsible for the harm they’ve caused.
Help You With a Nursing Home Abuse Lawsuit or Wrongful Death Claim
Assisted living facilities don’t usually hand over money just because you accuse them of abuse or neglect. The extremely experienced and compassionate team at our firm can help you file a personal injury or wrongful death lawsuit against the nursing home.
Negotiate with the Insurance Company
When you file a lawsuit against a care home or assisted living facility, it’s usually their insurance company who will pay out for any wrongdoing.
We can negotiate with the care facility’s insurance company on your behalf. Since they know we aren’t afraid of the courthouse, we may be able to secure a fair settlement and avoid litigation.
What Are Signs of Nursing Home Neglect or Abuse?
Nursing home abuse comes in many forms, including physical and sexual. Perpetrators of abuse can be staff, family members of residents, or other residents.
Sadly, this type of 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
As our Georgia nursing home physical abuse injuries lawyer will tell you, 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
Sexual Abuse
Sadly, sexual abuse is becoming more and more common. This type of abuse can be perpetrated by 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
Neglect
Although unintentional, neglect can be just as harmful as physical or sexual abuse. Signs of neglect include:
- Poor hygiene
- Unexplained injuries
- Malnutrition
- Dehydration
- Unsanitary living conditions
Why do Nursing Home Abuse Cases Occur?
There are three main reasons why nursing home facility abuse and neglect occur: understaffing, lack of training, and lack of proper funding.
Understaffing
Care 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, and the care of residents may suffer as a result.
When asked by owners and operators to then “pick up the slack” or perform multiple jobs, staff can reach their breaking point. Overworked geriatric care staff can lash out or get physical with residents because they are trying to do several things at once.
Lack of Training
Second, nursing home staff are often 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 jobs.
Lack of Proper Funding
Owners of these facilities often underfund their operations. Like any other for-profit venture, nursing home owners will seek to cut costs 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?
What to do if Your Loved One was Hurt in a Columbus Nursing Home
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 by taking the following steps.
Get Medical Care for Your Loved One
If you haven’t already, get appropriate medical care for your loved one. Not only do they deserve to heal as well as possible, but those records will make excellent evidence to help prove that your loved one was abused or neglected.
Report the Incident to the Appropriate Georgia Authorities
File a complaint with the Healthcare Facility Regulation Division (HFRD) of the Georgia Department of Community Health, which investigates complaints of nursing home resident abuse and neglect.
Report Physical Assault or Abuse to Local Police
If your loved one suffered physical assault or abuse directly at the hands of assisted living 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.
Find Another Care 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 place 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 and allows you to find and compare providers near you. The scores are based on factors like quality, nurse-to-resident ratio, 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 care home. However, Federal law protects every patient’s privacy.
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.
Begin the Probate Process if Your Loved One Has Passed Away
Your loved one’s estate will need to go through the Probate Court to settle all affairs or 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 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 they were alive.
The estate, once established, will also be one of the parties that brings the lawsuit against the elderly care facility for abuse or neglect.
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 facility is located.
Contact an Experienced Attorney to Start the Legal Process
You should schedule a free, no-obligation consultation with an experienced lawyer as soon as you can to discuss the legal process and how to hold the nursing home accountable for your loved one’s abuse, loss of enjoyment of life, mental anguish, and more.
We work on a contingency fee basis, meaning we’ll take a percentage of the money we get for you rather than asking for any upfront fees.
Contact a Columbus Nursing Home Abuse Lawyer to Schedule a Free Consultation
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.
When you need an experienced Columbus nursing home abuse lawyer, schedule a free, no–obligation consultation with Schenk Nursing Home Abuse Law.
