If a facility employee has caused an injury to your loved one, they have perpetrated nursing home neglect or abuse. Neglect is unintentional and typically occurs when an employee is rushing or otherwise being careless. Abuse, in contrast, happens when a staff member intentionally hurts a patient emotionally, physically, sexually, or financially. Both neglect and abuse are unacceptable.
Filing a lawsuit against the facility: What to expect
Typically, a lawsuit begins when the lawyer representing the resident prepares a demand package to explain the charges and provide documentation and evidence relevant to the claim. The package includes documents such as witness and expert testimony and medical records. Most significantly, the attorney specifies the amount of money the client is requesting for damages.
The facility will then review the package and conduct an internal investigation, after which they will decide if it would be more advantageous for them to settle or enter the lawsuit. Frequently, cases are settled in mediation, but if a settlement can’t be reached, the lawsuit will be brought to court.
Luckily, most attorneys handling nursing home neglect and abuse cases work on contingency rather than charging hourly rates. This means that they will not get paid unless they win your case. When lawyers have “skin in the game,” they will be more strongly motivated to win your case.
How long will it take to get to trial?
When considering whether you want to pursue a lawsuit, duration of the trial will certainly be a factor in your decision. Each case is different, but 18 months to 2 years is a good estimate of the length of time most cases take to go to trial.
After the lawsuit has been filed, the nursing home and any staff involved in the incident will be served and will get 30 days to respond to the lawsuit. Their answer will contain a defense to the claims you have made. At this point, the parties exchange relevant documents during a period called “discovery.” Witnesses, doctors, staff members, and experts in the subject area will be deposed. The discovery period can occasionally last more than a year because of all the parties involved in cases of nursing home abuse.
The parties may agree to mediation to see if the charges can be resolved before a case goes to court. In many cases, a settlement is made in mediation and the lawsuit never goes to court. The nursing home may attempt to make a “dispositive motion” that would lead to the case’s dismissal. If this fails, the lawsuit will be placed on a calendar according to the legal schedule. The trial itself may take only a few days or up to two weeks.
We are Schenk Smith, your Doraville nursing home lawyers.
If you’ve been exploring our website, you probably suspect that someone you know is a victim of nursing home abuse or neglect. Nursing home abuse is the only type of case Schenk Smith takes. We are devoted to fighting for your loved one and have dedicated our firm to the pursuit of justice in this area.
Schenk Firm, who founded the firm, was not always an attorney. Before his legal career, he was a certified nursing assistant in long-term care facilities throughout Georgia for nearly ten years. Will’s inside understanding of the needs of nursing home residents has provided a strong foundation for our firm.
Once you’ve taken a moment to browse our site further, give us a call to schedule a free in-person consultation. Whether you live up the road from the Mountain Park Aquatic Center, near the Atlanta Botanical Gardens, or close to the Atlanta Cyclorama and Civil War Museum, we’ll come to you.
Nursing Home Abuse & Neglect in Doraville, Georgia – What you need to know.
Doraville, Georgia is located in Dekalb County and has a population of 10,348 residents. Of those, 5.1% are aged 65 and older. In Doraville as in other Georgia cities, abuse and neglect occur often.
Is it safe to report abuse if my loved one is still at the nursing home?
Many people worry that if suspected harm is reported, their loved one will further victimized by the facility. In fact, not reporting cases of harm is the leading reason why abuse and neglect continue. When a facility knows that a client is keeping a close eye on their staff and potentially getting legal counsel, they will be more likely to take action to resolve the problem.
When is the nursing home responsible for a resident fall?
Falls are the number one cause of injuries in long-term care facilities. The law obligates facilities to keep the environment as free from trip hazards as possible. If lighting is insufficient or slippery floors in common areas are unmarked, the nursing home may be to blame when a resident falls.
Nursing homes are also required to create customized care plans for each resident that will help staff identify which residents are at the greatest risk of falling. Knowing a resident’s daily routines and cognitive and physical limitations helps staff know what to watch out for. Residents who experience frequent dizziness should have guard rails installed on their beds in case they become dizzy when getting out of bed. Patients who are likely to “wander,” or walk out of a nursing home because they’ve become disoriented, should be monitored closely. If facility staff fail to create or follow personalized plans that will help prevent falls, they are likely to be held responsible for fall-related injuries.
Where do I look to see if this nursing home has hurt people before?
The Centers for Medicare and Medicaid Services (CMS) has created a website comparing the performance of every federally funded nursing home in the United States. You can search for a particular facility on this site to see how many health citations and fines they have received. There is a wealth of additional information on the site as well.
Click here to go to the Nursing Home Compare Website.
For a free legal consultation with a Nursing Home Abuse lawyer serving Doraville, call
My loved one was hurt in a Doraville nursing home – What do I do next?
If your loved one was severely injured or passed away at a Doraville, 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 resolve conflicts between residents and nursing homes. They are authorized and trained by the Georgia Office of the Long-Term Care Ombudsman to visit nursing homes at either party’s urging to mediate in areas of dispute..
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 someone you love has been injured in a nursing home, you may want to file a police report. Facilities that are found responsible for the injuries to residents may have criminal charges brought against them by the Stone Mountain Judicial District Attorney’s Office.
For abuse occurring in a Doraville, Georgia nursing home, report the crime to the City of Doraville Police Department or to the Dekalb County Sheriff’s Department.
City of Doraville Police Department
3750 Park Avenue
Doraville, GA 30340
Telephone: (770) 455-1000
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.
It’s probable that you’ll wish to relocate your loved one to a new facility if they show signs of being neglected or abused. Factors to consider when evaluating potential facilities are whether or not they take Medicaid and Medicare, whether they are conveniently located to you, and whether they have positive resident reviews.
The Centers for Medicare and Medicaid Services (CMS) compares every facility in the country that is federally funded on a five-star scale on a website. This excellent resource provides details on criteria such as inspection scores and staff quality.
Click here to go to the Nursing Home Compare Website.
For your convenience, a list of all nursing homes located within Doraville, 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 hurt at a Doraville, Georgia nursing home, he or she was likely treated at an area hospital. To file an official request with the medical records request department for hospitals in the Doraville area using the following contact 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.
Your loved one’s rights don’t disappear because they have passed away. When you review the person’s will, it will usually designate an executor for their estate, a body that can be used to act on their behalf. To establish the estate, you’ll petition the probate court in the county where the resident died.
An estate allows the family of a person who has passed away to file lawsuits on their behalf, as in a case of wrongful death. The executor, or administrator, is usually a close relative or spouse.
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
Doraville Nursing Home Abuse Lawyer Near Me (678) 823-7678
Nursing Homes in Doraville, Georgia
Long-term care facilities are not all created equal. The following is a list of facilities in the Doraville, Georgia area, along with information on each. This information comes from CMS’ Nursing Home Compare Website.
| Pruitthealth – Brookhaven
3535 Ashton Woods Drive, NE Atlanta, GA 30319 |
Overall Rating: 5 out of 5 (Much Above Average)
Number of Beds: 157 Number of Residents: 146 RN hours per resident per day: 32min (GA Avg: 34min) |
| Health Inspection Rating: 5 out of 5 (Much Above Average)
Staff Rating: 3 out of 5 (Average) Quality Measure Rating: 4 out of 5 (Above Average) Most Recent Health Inspection Date: 01-13-2017 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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| Northeast Atlanta Health and Rehabilitation Center
1500 S Johnson Ferry Road Atlanta, GA 30319 |
Overall Rating: 2 out of 5 (Below Average)
Number of Beds: 165 Number of Residents: 122 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: 5 out of 5 (Much Above Average) Most Recent Health Inspection Date: 11-09-2017 Number of Health Citations: 0 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting in citation: 48 Federal fines in previous 3 years: 2 ($218,433 on 01/21/2016; $594,680 on 11/09/2016) |
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Why Choose Schenk Smith as your Nursing Home Lawyers?
We know many legal firms are competing for your business. Why go with us?
- We have a singular focus. We do one thing, and we do well. We don’t want to be a general interest law firm, spread thin among many different areas. Our passion and our expertise are in nursing home law, and our only aim is to get justice for nursing home residents and their families in cases of neglect and abuse. Our decision to focus in this area developed directly from our founding attorney Schenk Firm’s experience working as a CNA in Georgia nursing homes for ten years prior to becoming a lawyer.
- We aren’t just lawyers. Our passion for helping nursing home residents doesn’t stop with our work in the courtroom. We also broadcast a our weekly video podcast to the Atlanta community and beyond about issues facing elderly populations. For our overall reputation in nursing home advocacy, we have been awarded “Rising Stars” designation by the Super Lawyers legal recognition program.
- We work tirelessly for our clients. Because we empathize with what our clients are going through, we are highly motivated to win cases for them. 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 Doraville, 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.