If your loved one is suffering or has suffered from nursing home abuse or neglect, know that they are not alone. Both abuse and neglect occur frequently across Georgia nursing homes. That is why at Schenk Nursing Home Abuse Law, since 2022, we have dedicated all of our skills and resources to helping elderly residents and their loved ones fight back.
Our Dallas nursing home abuse lawyers are here to fight for your loved one’s rights and for the compensation they deserve for the harm they’ve suffered. Reach out to us today to schedule a free consultation with our legal team.
What is the Difference Between Abuse and Neglect?
Neglect and abuse occur often, even though they are different. Neglect usually happens when a nursing home staff member fails to provide a reasonable standard of care. Abuse is quite different, because it is usually an intentional act that is done with the intent to harm. The abuse can come from either a nursing home staff member or another resident. Neither neglect nor abuse should ever occur in any nursing home.
What Types of Abuse and Neglect Cases Can We Help With?
At Schenk Nursing Home Abuse Law, we take on cases that involve abuse or neglect, including the following:
- Bedsores.
- Urinary tract infections.
- Malnutrition.
- Sepsis.
- Sexual abuse.
- Physical abuse.
- Falls.
- Wrongful death.
Dallas Nursing Home Abuse Lawyer Near Me (678) 823-7678
Can You File a Suit on Behalf of Your Loved One?
If your loved one has suffered from some form of nursing home neglect or abuse, then it is within your right to file a suit on behalf of your loved one, as long as they are unable to represent themselves. Residents who are incapacitated or unable to represent themselves will need third-party representation. Oftentimes, the Probate Court in the county of the nursing home resident may appoint a guardian to represent a resident who is unable to represent themselves.
If you wish to file a suit on behalf of your loved one, you will usually need a power of attorney, which then gives you the right to pursue legal action against the nursing home. In situations like this, your best option is to contact an attorney in order to see what your best legal options are.
Why Should You Choose Our Dallas Nursing Home Abuse Attorneys?
At our firm, our mission is to help elderly residents and their loved ones get the care they need. We do not practice any other form of law, nor are we interested in representing any other type of client other than elderly residents who have suffered from some form of abuse or neglect.
Our passion for helping elderly residents and their loved ones comes from our founding attorney. Rob Schenk’s discipline and passion for helping elderly residents resonate throughout our firm.
When you visit our site, you will come across countless videos, podcast episodes, and blog articles that are all designed to assist those who are looking out for their elderly loved ones.
What Compensation Can Be Recovered for Your Loved One After Elder Abuse or Neglect in Dallas, Georgia?
After abuse or neglect, bills can quickly mount up. You may need to relocate your loved one or have significant medical bills due to their injuries. Our legal team will look at the full scope of your losses and advocate for the maximum compensation available for your case.
You may be able to recover compensation for:
Economic Losses
These are financial losses, which can include:
- Medical expenses: Bills for emergency medical care, surgeries, short- or long-term hospitalizations, medications, physical therapy or rehabilitation services, and more.
- Relocation costs: You will likely wish to move your loved one from their current living situation. You may be able to recover the costs of doing so.
Wrongful Death Damages
If you lost a loved one, we are so sorry for your loss. You may be able to recover compensation to hold the nursing home financially accountable for the harm that they caused. Recoverable compensation can include:
- End-of-life medical expenses.
- Funeral expenses.
- Burial or cremation costs.
- The decedent’s pain and suffering.
What Should You Do If You Suspect Elder Abuse or Neglect?
If your loved one has been injured, abused, or has passed away, then we highly advise you to act immediately in order to protect their rights.
Report the Incident
You should report the abuse or neglect to:
Georgia Department of Community Health
The Healthcare Facility Regulation Division is part of the Georgia Department of Community Health. This division 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.
Another route to take is through the Georgia Office of the Long-Term Care Ombudsman. The Ombudsman group consists of individuals who are dedicated to resolving cases between elderly residents and nursing homes. The Ombudsman is also authorized by 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.
Report Physical Abuse or Assault to Local Law Enforcement
If your loved one has been injured due to an assault, we highly 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: Paulding Judicial District.
Find Another Facility for Your Loved One
If your loved one is suffering from elder neglect or abuse, then you should find a better-suited facility. When you begin your search for a new facility, it is important to conduct walkthroughs at the potential new facilities. During these walkthroughs, it is imperative to ask as many questions as possible, in order to get a feel for the facility and the staff itself.
Another tool to use 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 on several factors, including quality, inspection scores, and nurse-to-resident ratios.
Obtain Your Loved One’s Medical Records
It is extremely important to obtain your loved one’s medical records as soon as possible to avoid blame being shifted. For example, if your loved one suffers a broken bone due to a slip and fall over a wet surface, the nursing home will likely try to claim that their bone was already broken before the fall, even if the evidence indicates that is not the case.
Due to state and federal privacy laws, third parties will first need to obtain the proper written authorization form in order to obtain their loved one’s medical records. Those forms will usually be either a power of attorney, a healthcare directive, or guardianship paperwork.
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. Our legal team can help you secure these important records.
Frequently Asked Questions About Nursing Home Abuse & Neglect in Dallas, Georgia
Below are some answers to frequent questions that our Dallas nursing home negligence attorneys get:
If I ask questions, does that put my loved one at risk?
The fear of retaliation is usually the number one reason why abuse goes unreported. The truth is, most often, both neglect and abuse will continue until some form of action is taken.
This is why it is important to immediately obtain an attorney if you feel your loved one has suffered from neglect or abuse. Retaining a nursing home neglect lawyer to investigate and shed light on the situation can help protect your loved one. It is much harder to get away with crime when perpetrators know that someone is watching, investigating, and reporting everything they find.
My loved one is a fall risk – What should the care home do?
If your loved one is a fall risk, it is the care home’s duty to make sure that proper safety measures are in place at all times. If your loved one needs assistance walking, moving, or getting out of bed, it is important for you to observe your loved one’s caregivers to make sure that they are aware of and attentive to your loved one’s needs.
If staff fails to help your loved one move, or are careless or unsafe when helping your loved one move out of and into bed, there may be a good chance that your loved one has fallen due to caregivers’ neglect.
Falls are a common problem in assisted living and elderly living facilities, which often lead to emergency room visits. Elderly residents are usually physically weaker and more vulnerable to injuries, which makes the consequences of a fall much more serious. It is on the facility to make sure assessments are done on each one of their residents in order to know which are more prone to falls.
What is a good website to research other nursing homes?
Nursing homes will usually receive ratings from family members of elderly residents that have either lived or are currently living in a facility. Reaching out to those that have some type of experience with a nursing home is the first route you should take when researching potential facilities.
A great website to visit would be the one from the Georgia Department of Human Services. This site will provide valuable information as well as ratings on various nursing homes within the state of Georgia. When researching nursing homes, it is important to find out the pros and cons for those facilities that you see have potential. You want to find out different things from those facilities, such as their nurse-to-resident ratio, inspection scores, how many times they’ve been fined, and if they’ve faced any major cases that involve some form of abuse or neglect.
Contact Our Dallas Nursing Home Lawyers Today
Long-term care facilities are supposed to be safe. The staff should treat your elderly loved one with compassion. However, unfortunately, that is not always the case. If your loved one was harmed, we are here to fight for them. Our client reviews speak to our dedication and care.
Reach out to Schenk Nursing Home Abuse Law today. We will get your case started with a free initial consultation. We work on a contingency fee basis, so there are no upfront costs to our legal services.
