Are you concerned that your loved one suffered from abuse or neglect in a local facility or one of the many assisted living facilities in the area? As a dedicated Duluth nursing home abuse lawyer, we understand how devastating it is to discover that a trusted caregiver caused harm to your family member.
The two most common terms for the wrongful cause of injuries in a nursing home are abuse and neglect. Abuse is usually something that happens purposefully. Neglect occurs due to something that a person does or fails to do and is generally unintentional.
For instance, when a caregiver fails to assist a resident and the resident falls and sustains an injury, the situation is likely considered nursing home neglect. Any action that causes harm to a nursing home resident is not acceptable, whether it is considered Nursing Home Abuse, general assisted living neglect, or Medical Malpractice.
When Should I File a Lawsuit with a Duluth Nursing Home Neglect Lawyer?
If your loved one was hurt due to elder abuse or assisted living neglect, do not wait to file a lawsuit or take Legal Action. You want to seek justice for your loved one as quickly as possible. Unlike a sudden car accident, where the damages are immediately visible, signs of abuse in long-term care facilities can be hidden for months.
The sooner you file a claim, the easier it can be to find medical records and other important information to prove your case. The law strictly limits the time you have to file a personal injury lawsuit. Many nursing home abuse claims are subject to a two-year statute of limitations, although the applicable deadline depends on the facts of the case.
Since some instances have an even lower time limit, it is in your loved one’s interest to have your legal team take action immediately to prevent further pain and suffering or a devastating wrongful death.
Do I Have to Pay for an Attorney up Front?
A lawsuit can be expensive, especially if you have to make an up-front payment to your Duluth nursing home abuse lawyer. Fortunately, you are able to obtain a personal injury lawyer for a nursing home neglect case on a contingency basis. That means that you won’t need to pay your Contingency Fee until the case is settled.
The attorney’s fees will be provided out of the compensation you get once the case is resolved. Your attorney fees will be a fixed percentage or amount of the final payment that you receive from the nursing home. Other costs may be necessary as part of the case.
For example, you will have to pay for medical transcripts and for expert witnesses to provide testimony. These expenses may need to be paid immediately; however, your attorney may pay these costs and add them to the payment to be received at the completion of your case.
Duluth Nursing Home Abuse Lawyer Near Me (678) 823-7678
We are Schenk Firm, Your Duluth Nursing Home Lawyer
Our website provides hundreds of articles, blogs, videos, and podcasts to help educate others about nursing home abuse and neglect. Our law firm doesn’t handle any other types of cases. Instead, we focus entirely on nursing home cases. By focusing on one area, we are more knowledgeable about the current laws and are better able to resolve cases more effectively.
Once you have had a chance to look at the information and view our podcasts, you may want to give us a call to schedule a consultation.
Whenever you are ready to talk about your situation, we are here to help. We will come to your location,wwwss whether you are located near the Duluth History Museum, Chattahoochee River National Recreation Area, or the Zoo Atlanta Playspace.
Nursing Home Abuse & Neglect in Duluth, Georgia- What You Need to Know
Duluth, Georgia, is located in Gwinnett County and has a population of 28,681. Of those, 10% are aged 65 and older. Nursing home abuse can and does occur in all locations in the state, including here in Gwinnett County.
What are the Types of Abuse?
So, what constitutes nursing home neglect or abuse under Georgia law? Nursing home abuse can come in a variety of forms. The different types of abuse are generally categorized into:
- Physical abuse: Physical abuse is the most common type of abuse. It happens when a caregiver or other person intentionally hits or causes harm to a nursing home resident. Your loved one may have visible signs of physical abuse, such as bruises, cuts, and abrasions. If you notice bruises on your loved one, you should request an explanation from the nursing home.
- Psychological abuse: Psychological abuse occurs when a resident is berated or yelled at. It can happen consistently over a period of time. A caregiver may be impatient or may simply not like your loved one. The signs of psychological abuse are more difficult to see,e but your loved one may be withdrawn or may become moody.
- Sexual abuse: Sexual abuse can be inflicted by a caregiver, staff member, or even another resident or visitor. Signs of sexual abuse may be stained or bloody sheets or underwear, or physical bruises near the genitals. Your loved one may be ashamed of the incident and may be unwilling or unable to tell you about what happened.
- Financial abuse: Financial abuse happens when someone takes money or other belongings from a nursing home resident. The abuse can occur by writing checks from the person’s account or by taking items from the person’s room. It can be done by a caregiver or by another resident or guest.
What are Bedsores and How are They Treated?
Bedsores are also known by other names, such as pressure ulcers or pressure sores. They are painful marks on the skin that can deepen and become infected. They can be one of the warning signs of nursing home abuse or neglect.
- How bedsores form: Bedsores occur mostly in people who are in one position for an extended period of time. This happens most often to those who are bedridden or confined to a wheelchair and have limited mobility. Bedsores begin as small red marks in areas where the skin rubs against something on a continual basis. They can be caused by bed linens or by other things, such as plastic medical tubing.
- Diagnosis and treatment of bedsores: Bedsores must be diagnosed as early as possible so treatment can begin. First, the cause of the bedsore must be removed, and a physician should examine the bedsore. A treatment plan will be provided that may include regularly cleaning the area and providing bandages if it has become an open wound. Pain medication may also be necessary.
- Severe bedsores: Bedsores are categorized by their severity. The most serious bedsores are those where the skin is broken, and the wound extends deep into the skin. These sores can be difficult to treat and often become infected. An infected bedsore must be quickly treated because the infection may spread and develop into sepsis, which can be life-threatening.
Who is Responsible for Abuse?
When your loved one lives in a nursing home, you should expect that they will be kept safe and free from injuries. It is the nursing home’s responsibility to ensure that residents receive proper care at all times.
Caregivers and Other Residents
Staff members such as nurses and caregivers are required to provide care that will not harm a person. An overworked or impatient staff member might become physically or verbally abusive to a resident.
Sometimes abuse occurs at the hands of other nursing home residents. A resident may be unable to stop the attacker or get help, and they may be too ashamed to report the incident to authorities.
The Nursing Home Facility
The nursing facility itself is often ultimately responsible for any neglect or abuse that occurs on its premises. Whether an employee, another resident, or a visitor abused your loved one, the facility failed its duty.
The nursing home has the legal responsibility to provide a secure environment. When they fail to maintain a safe space, you have the right to hold them accountable.
What to Do Next After a Duluth Nursing Home Injury
If your loved one suffered severe injuries or passed away at a Duluth facility, you must act swiftly to protect their rights. First, you should report the incident to the appropriate Georgia authorities.
The Georgia Department of Community Health investigates nursing homes for neglect and abuse. They also regulate and certify nursing homes throughout the state of Georgia.
You may also make a report with the Georgia Office of the Long-Term Care Ombudsman. Their program advocates on behalf of those whose loved ones have suffered harm, and they hold the legal authority to enter facilities to ask questions.
Report Physical Assault to Local Law Enforcement
If your loved one was assaulted or the victim of any other type of crime, you should file a police report. If unlawful activity took place, the District Attorney’s Office in the Gwinnett Judicial District may file criminal charges.
For crimes occurring in a Duluth facility, report the incident to the City of Duluth Police Department or to the Gwinnett County Sheriff’s Office.
Find Another Facility and Secure Medical Records
Once you know or suspect that abuse has taken place, you may want to find another facility for your loved one. The United States Centers for Medicare and Medicaid (CMS) provides an online tool on their Nursing Home Compare website to research inspection scores and violations.
Medical records are a necessary component for proving your loved one’s medical condition. You must request these records from the primary physician, the nursing home, and any treating hospitals. If your loved one received emergency treatment in Duluth, you might need to contact the ‘Release of Information’ departments at:
- Northside Hospital Duluth
- Northside Hospital Gwinnett
- Piedmont Eastside Medical Center
Begin the Probate Process
When a person passes away, the right to file a lawsuit remains on behalf of the person’s estate. An estate must usually be established before a legal claim can be filed.
To create an estate, a surviving spouse or other relative may petition the Probate Court of the county where the person passed away. You can find more information and file the necessary paperwork through the Gwinnett County Probate Court.
Speak Directly with a Duluth Nursing Home Abuse Lawyer
When you suspect that a care facility has failed your family, you need clear answers and a compassionate professional to guide you. At Schenk Nursing Home Abuse Law, we focus our practice on helping families navigate the devastating aftermath of severe physical injuries, such as bedsores and serious falls.
When you reach out to our firm, you will speak directly with our founding lawyer on the phone. Even if we are unable to take your case, we are dedicated to providing you with the educational tools and community resources necessary to protect your loved one.
We have dedicated nine years exclusively to resolving nursing home neglect claims across Georgia, bringing 17 years of total legal practice to your side. Contact us today to schedule your consultation on a contingency fee basis, and let us help you find the right path forward.