If you’re worried that your loved one may have been harmed in a nursing home, you’re far from alone. Neglect and abuse in nursing homes is alive and well, unfortunately. When facilities fail to hire and train good workers and ensure that their working conditions are fair, the quality of care these employees provide often suffers. This website will help you learn what to do if someone you love has been injured due to abuse or neglect in a long-term care facility. You should also feel free to call our office to discuss the details of your specific situation at any time.
If a nurse or staff member has harmed someone you love, they are guilty of nursing home neglect or abuse. Abuse happens when someone at the nursing home knowingly harms a resident, either physically, sexually, financially, or emotionally. Neglect, in contrast, occurs when an employee is negligent in their duties and fails to act in a way that would protect a resident from harm. Whether they suffered abuse or neglect, your loved one’s rights were violated.
When is it appropriate to file a lawsuit?
You may not need to file a lawsuit to get results on your case. Taking a claim to court can take as long as two years. Both parties assume risk when a lawsuit is filed, so achieving a financial settlement is a better option in many cases.
That said, many nursing homes will fight claims to the bitter end, denying responsibilities for residents’ injuries. It often takes a lawsuit—or an ultimatum that one will be filed if restitution is not made—to get results. If you are certain that your loved one has suffered neglect and abuse in a long-term care facility, it may be worth it to you to pursue the lawsuit. Some people feel that winning a lawsuit provides added vindication over a facility that has violated their trust, whereas others would rather avoid the rollercoaster that sometimes characterizes legal proceedings.
What are your fees to take my case?
When deciding whether to hire a lawyer to help with your loved one’s case, finances are bound to be on your mind. But rest assured knowing that we work on contingency. This means that if you hire us to file a lawsuit for nursing home abuse or neglect, we won’t get paid unless we case. Thus, we’re accountable to you and won’t leave you with mountains of legal debt. If you choose us as your law firm, we will work together to determine what percentage we will receive if we win the case.
We can also help you manage other fees associated with a lawsuit. Getting complete medical records from all facilities that have treated your loved one, as well witness and expert can become costly. We will cover these costs at the outset of the lawsuit and be reimbursed if we win the for you.
We are Schenk Smith, your Decatur nursing home lawyers.
If you’re browsing this website, it’s likely that you suspect someone you love is being harmed in a nursing home. Take a moment to view some of our FAQ videos or check out our blog to answer some of your initial questions. You’ll see that the only kind of law we handle is nursing home neglect and abuse. Our concentration in this one area has allowed us to become extremely knowledgeable about long-term care abuse and neglect law.
Our mission is to advocate for residents in long-term care facilities—a population that can be very vulnerable. Founding member Schenk Firm has direct experience with the risks faced by residents of nursing homes: he was a CNA in facilities throughout the state for nearly a decade prior to beginning his legal career. Our clients quickly see that our desire to protect their loved ones’ welfare is genuine. Once you’ve explored the website, feel free to schedule a free consultation at any time. Whether you live near the Farm Golf Club, around the bend from Lake Oconee, or close to the Hawk’s Ridge Golf Club, we’ll come to you.
Nursing Home Abuse & Neglect in Decatur, Georgia – What you need to know.
Decatur, Georgia is located in Columbia County and has a population of 21,210 residents. Of those, 11.5% are aged 65 and older. Nursing homes in Decatur, like in other Georgia cities, are not immune to cases of abuse and neglect.
How can I spot the types of abuse?
If you are visiting your loved one and find that they don’t quite seem like themselves, it’s possible that they have been abused. The most typical kind of abuse in long-term care is emotional in nature. Deliberately causing pain or mental distress to a resident through verbal or nonverbal acts constitutes emotional abuse. Examples can be embarrassing a resident in front of others, yelling at them, or trying to manipulate them. This kind of harm can be difficult to detect because emotional abuse cannot always be seen, and if there was no witness it may not be clear that abuse has occurred. Still, emotional abuse can lead physical or behavioral changes in a resident, such as weight loss, extreme moodiness, or self-isolation.
Physical and sexual abuse are also common. Signs of physical abuse may include a cut, bruise, or burn whose origin the resident cannot explain. You might see marks on a resident’s arms from when they were restrained without an order to do so—this is also abusive. Bloody, stained, or torn linens or clothing should not be ignored. Physical abuse can also cause residents to behave differently, sparking volatile emotional states or fear of certain staff members. Undergarments worn inside out or a disheveled appearance may indicate that sexual abuse has taken place.
Can bedsores lead to infection?
As much as ten percent of a facility’s residents are likely to have bedsores—also called pressure sores or pressure ulcers—at any given time. These injuries to skin and tissue are a common problem in long-term care facilities where people are likely to be immobile for a long period of time. Residents who are on bed rest or in wheelchairs are particularly likely to develop bedsores because they do not change position frequently.
Not all bedsores become infected. There are four stages of bedsores, and ideally they are detected and treated by stage 2 or sooner. In stage 1, the skin is not yet broken, but it has started to redden due to friction. Damage begins to form under the skin and worsens in stage 2. If a resident is repositioned frequently to relieve pressure, the bedsore can still be reversed. In stage 3, the skin begins to deteriorate, and blood infections such as sepsis are possible. By stage four, the wound appears rotten and is foul-smelling. Infection risk is now high. Treatment of stage four bedsores may involve pressure relief, topical medication, special diets, debridement, and the use of a reduced friction mattress.
Most bedsores can be reversed before the damage reaches a dangerous stage. Frequent repositioning of patients who are on bedrest or in a wheelchair is imperative, as is keeping the resident’s skin clean and dry. Patients who are incontinent should be monitored especially closely.
Who will be liable for the abuse?
This depends entirely on the cause of your loved one’s injury or death. If an investigation determines that the resident’s injury resulted directly from actions of nursing home staff, they are liable for the damage and will be forced to either settle or award damages in a lawsuit. But residents in long-term care often have complicated health situations, and a worsening in condition cannot always be traced to staff neglect or abuse. Our immune systems and overall resilience decrease as we age, after all.
If you are certain that abuse or neglect has occurred, be prepared for the nursing home to deny responsibility. You may have to file a lawsuit—or threaten to do so—before they will take your allegations seriously. Medical records and testimony can help bolster your case. When a lawyer brings a demand package to a long-term-care facility on behalf of a resident and their family (in advance of filing a lawsuit), the nursing home will then often conduct their own investigation into who, if anyone, was responsible for the resident’s injury.
My loved one was hurt in a Decatur nursing home – What do I do next?
If your loved one was severely injured or passed away at a Decatur, 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
Ombudsmen are mediators between residents and nursing homes. They are authorized and trained to enter nursing homes at either party’s urging to resolve conflicts.
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:
1743 Hardin Avenue
College Park, Georgia 30337-2059
Telephone: (678) 378-2934
Fax: (404) 768-8512
You may also report physical assault or abuse to local law enforcement
If your loved one has been hurt in a nursing home, you may want to file a police report. If the facility is found responsible for the injury to the resident, the Stone Mountain Judicial District Attorney’s Office may bring criminal charges against them.
For abuse occurring in a Decatur, Georgia nursing home, report the crime to the City of Decatur Police Department or to the Dekalb County Sheriff’s Department.
City of Decatur Police Department
420 W Trinity Place
Decatur, GA 30030
Telephone: (404) 373-6551
Dekalb County Sherriff’s Department
4415 Memorial Drive
Decatur, GA 30032
Telephone: (404) 298-8100
Stone Mountain Judicial District Attorney’s Office
556 N McDonough St, Ste 700
Decatur, GA 30030
Telephone: (404) 371-2561
Find another facility for your loved one.
Although it may not always be possible, you will likely wish to relocate your loved one if you sense they may be suffering abuse or neglect. You’ll need to find another facility that takes Medicare and Medicaid, is safe and pleasant, and in a good location. The website of the Centers for Medicare and Medicaid Services (CMS) compares every facility in the country that is federally funded on a five-star scale. This excellent resource provides details on criteria such as nurse-to-patient ratio and inspection scores.
Click here to go to the Nursing Home Compare Website.
For your convenience, a list of all nursing homes located within Decatur, Georgia is located below, along with their contact information and inspection scores.
Get the medical records from the hospital and the nursing home.
If someone you love was injured at a nursing home in Decatur, Georgia, he or she was probably taken to an area hospital. You can file an official request with the medical records request department for hospitals in the Decatur area using the following information:
- DeKalb Medical North Decatur, (404) 501-1000
- Emory Hospital, (404) 778-9729
- Grady Memorial, (404) 616-1000
Begin the probate process if your loved one has passed away.
When someone passes away following a case of abuse or neglect, they maintain rights after death. If your loved one has not designated an executor for their estate in a will, your family will need to decide who will serve in this role. To establish the estate, you’ll petition the probate court in the county where the resident died.
An estate allows the family of a deceased person to take legal action on their behalf, as in a case of wrongful death. The executor—usually a spouse or close relative—takes care of legal decisions related to the deceased person.
Click here to begin the probate process with the Dekalb County Probate Court.
Dekalb County Probate Court
556 N. McDonough St
Decatur, GA 30030
Telephone: (404) 371-2000
Decatur Nursing Home Abuse Lawyer Near Me (678) 823-7678
Nursing Homes in Decatur, Georgia
Conditions can vary considerably among nursing homes. What follows is a list of facilities in Decatur, Georgia, along with information on each. This information is from CMS’ Nursing Home Compare Website.
| Manor Care Rehabilitation Center – Decatur
2722 North Decatur Road Decatur, GA 30033 |
Overall Rating: 3 out of 5 (Average)
Number of Beds: 140 Number of Residents: 114 RN hours per resident per day: 41min (GA Avg: 34min) |
| Health Inspection Rating: 2 out of 5 (Below Average)
Staff Rating: 3 out of 5 (Average) Quality Measure Rating: 5 out of 5 (Much Above Average) Most Recent Health Inspection Date: 01-26-2018 Number of Health Citations: 3 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting in citation: 2 Federal fines in previous 3 years: 0 |
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| East Lake Arbor
304 Fifth Avenue Decatur, GA 30030 |
Overall Rating: 2 out of 5 (Below Average)
Number of Beds: 103 Number of Residents: 75 RN hours per resident per day: 17min (GA Avg: 34min) |
| Health Inspection Rating: 1 out of 5 (Much Below Average)
Staff Rating: 2 out of 5 (Below Average) Quality Measure Rating: 5 out of 5 (Much Above Average) Most Recent Health Inspection Date: 10-30-2017 Number of Health Citations: 3 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting in citation: 1 Federal fines in previous 3 years: 2 ($29,413 on 03-23-2016 ; $212,803 on 09-19-2016) |
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| North Decatur Health and Rehabilitation Center
2787 North Decatur Road Decatur, GA 30033 |
Overall Rating: 4 out of 5 (Above Average)
Number of Beds: 73 Number of Residents: 66 RN hours per resident per day: 26min (GA Avg: 34min) |
| Health Inspection Rating: 3 out of 5 (Average)
Staff Rating: 3 out of 5 (Average) Quality Measure Rating: 5 out of 5 (Much Above Average) Most Recent Health Inspection Date: 01-25-2018 Number of Health Citations: 0 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 |
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| Glenwood Health and Rehabilitation Center
4115 Glenwood Road Decatur, GA 30032 |
Overall Rating: 1 out of 5 (Much Below Average)
Number of Beds: 225 Number of Residents: 205 RN hours per resident per day: 21min (GA Avg: 34min) |
| Health Inspection Rating: 1 out of 5 (Much Below Average)
Staff Rating: 3 out of 5 (Average) Quality Measure Rating: 4 out of 5 (Above Average) Most Recent Health Inspection Date: 11-08-2017 Number of Health Citations: 9 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting in citation: 8 Federal fines in previous 3 years: 0 |
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| PruittHealth – Decatur
3200 Panthersville Road Decatur, GA 30034 |
Overall Rating: 1 out of 5 (Much Below Average)
Number of Beds: 146 Number of Residents: 137 RN hours per resident per day: 28min (GA Avg: 34min) |
| Health Inspection Rating: 1 out of 5 (Much Below Average)
Staff Rating: 4 out of 5 (Average) Quality Measure Rating: 2 out of 5 (Below Average) Most Recent Health Inspection Date: 12-15-2017 Number of Health Citations: 2 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting in citation: 6 Federal fines in previous 3 years: 3 ($5,850 on 08-07-2015; $29,229 on 09-29-2016; $13,627 on 10-06-2017) |
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| Georgia Regional Atlanta LTC
3073 Pathersville Rd, SNF Bldg #17 Decatur, GA 30034 |
Overall Rating: 5 out of 5 (Much Above Average)
Number of Beds: 66 Number of Residents: 29 RN hours per resident per day: Not Available (GA Avg: 34min) |
| Health Inspection Rating: 5 out of 5 (Much Above Average)
Staff Rating: Not Available Quality Measure Rating: 5 out of 5 (Much Above Average) Most Recent Health Inspection Date: 03-22-2018 Number of Health Citations: 0 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 |
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Why Choose Schenk Smith as your Nursing Home Lawyers?
We know we’re not the only game in town. The Atlanta area is home to a wide variety of law firms. Why should you pick us to handle your case?
- We’re Experts. We believe in doing one thing very well. We don’t claim expertise in all kinds of law. Our passion is nursing home law, and our only goal is to win restitution for nursing home residents and their families in cases of neglect and abuse. Our passion in this area developed organically from our founding attorney Schenk Firm’s experience working as a CNA in nursing homes for ten years prior to becoming a lawyer.
- Our Approach is Holistic: Our mission to fight for nursing home residents doesn’t stop with our legal work. We also educate the Atlanta community and beyond about issues facing the elderly population through our weekly video podcast. For our nursing home advocacy in all areas, we have been designated “Rising Stars” by the Super Lawyers legal recognition program.
- Our Clients Are Satisfied. We form close relationships with our clients that stem from a place of empathy and understanding. Perhaps this is why we have the best Google reviews of any nursing home abuse law firm in the state of Georgia. Check out our client reviews
If your loved one was injured or died in a Decatur, 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.
