Are you concerned that your loved one may have been abused or neglected in a Duluth nursing home? Nursing home abuse and neglect do occur. We have designed our website to provide you with useful information and tools you can use to learn what to do about abuse or neglect. Our information offers answers to many questions but please give us a call about your particular question. We want to assist you in any way we can.
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 neglect. Any action that causes harm to a nursing home resident is not acceptable, whether it is considered abuse or neglect.
The nursing home hurt my loved one – When should I file a lawsuit?
If your loved one was hurt due to abuse or neglect in a nursing home do not wait to file a lawsuit. You want to seek justice for your loved one as quickly as possible. The sooner you file a lawsuit the better because the longer you wait the harder it can be to find medical records and other important information to prove your case. You can begin the process as soon as you can.
The law limits the time to file a personal injury lawsuit. Generally, you must file a claim no later than two years from the time of the injury. There are also some instances where the time limit may be lower. Therefore, it is in your loved one’s best interest to file a lawsuit as soon as you know that an injury has occurred due to negligence at a nursing home.
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 attorney. Fortunately, you are able to obtain an attorney for a nursing home neglect case on contingency. That means that you won’t need to pay attorney’s fees 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. There are other costs that 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.
We are Schenk Smith, your Duluth nursing home lawyers.
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 in 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 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?
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 or 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 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.
- 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: It is important that bedsores be diagnosed as early as possible so treatment can begin. First, the cause of the bedsore must be removed and the bedsore should be examined by a physician. 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 down 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, abuse and neglect. It is the nursing home’s responsibility to ensure that residents are properly cared for at all times. There are some circumstances that may be present in cases of abuse.
- Caregivers: Staff members such as nurses and caregivers may abuse a resident. Nurses and doctors are held to a high standard of care and are required to provide care that will not harm a person. A caregiver or staff member might be overworked or impatient and could be physically or verbally abusive to a resident.
- Other residents: Sometimes abuse occurs at the hands of other nursing home residents. This type of abuse is often of a sexual nature. A resident may be unable to stop the person or get help. The resident may also be ashamed of the incident and therefore may not report it to authorities or to a loved one.
- Nursing Home – The nursing facility itself is often ultimately responsible for any neglect or abuse that occurs at their facility. Whether a resident was abused by an employee, another resident or a visitor, the nursing home has the responsibility to provide a safe environment where residents can be assured of their security.
My loved one was hurt in a Duluth nursing home- What do I do next?
If your loved one was severely injured or passed away at a Duluth, 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
If your loved one was injured or died as a result of nursing home abuse or neglect you have another option. You may decide to make a report with the Georgia Office of the Long-Term Care Ombudsman. The ombudsman program advocates on behalf of those whose loved ones have suffered abuse or neglect in a Georgia nursing home. They have the legal authority to enter nursing homes to ask questions about the care that was provided.
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:
Eastern Region – Georgia Long-Term Care Ombudsman Program
135 Hoyt Street
Athens, GA 30601-2646
Telephone: (706) 549-4850
Fax: (706) 227-8337
You may also report physical assault or abuse to local law enforcement
If your loved one was assaulted or the victim of any other type of crime, you may opt to file a police report. If unlawful activity took place, criminal charges may be filed by the District Attorney’s Office: Gwinnett Judicial District.
For abuse occurring in a Duluth, Georgia nursing home, report the crime to the City of Duluth Police Department or to the Gwinnett County Sheriff’s Office.
City of Duluth Police Department
3276 Buford Hwy
Duluth, GA 30096
Telephone: (770) 476-4151
Gwinnett County Sheriff’s Office
2900 University Pkwy
Lawrenceville, GA 30043
Telephone: (770) 619-6500
Gwinnett County District Attorney
75 Langley Dr.
Lawrenceville, GA 30046
Telephone: (770) 822-8400
Find another facility for your loved one.
Once you know or suspect that abuse or neglect has taken place you may want to find another nursing home for your loved one. You may wonder how to know which nursing home is the best. You can visit the facility but you still may not have an accurate idea of the type of care they provide. You want to make sure that the nursing home you choose will give your loved one the care they need without sustaining any type of abuse or neglect.
The United States Centers for Medicare and Medicaid (CMS) provides an online tool that you can use to compare various nursing homes before you make a decision. The CMS website compiles data about nursing home inspections, services, violations and more and gives an overall rating for easy comparison.
Click here to go to the Nursing Home Compare Website.
For your convenience, a list of all nursing homes located within Duluth, Georgia is located below, along with their contact information and inspection scores.
Get the medical records from the hospital and the nursing home.
In a nursing home abuse or neglect case, the medical records are a necessary component for proving your loved one’s medical condition. The nursing home will often try to deny that they are responsible and may actually say that your loved one was injured before they entered the facility. It can be difficult to prove that your loved one suffered abuse or neglect without medical records.
Medical records are necessary from every place that your loved one received medical care including from the primary physician, hospital and the nursing home itself. These records, however, are not always easy to obtain. Privacy laws protect others from having access to your personal information and therefore hospitals will not give out medical records unless you have the legal authority to obtain them.
Medical records won’t simply be given out to a spouse, child or other relative without legal permission. Legal authority can be obtained through a durable power of attorney, healthcare directive or guardianship.
If your loved one was injured in a Duluth nursing home it is likely that medical treatment was provided by one of the hospitals listed below. Once you have written legal authorization to act on behalf of your loved one you may formally request medical records to the ‘Release of Information’ Department of the hospital. Here is the hospital contact information:
- Gwinnett Medical Center – Duluth: (678) 312-6800
- Gwinnett Medical Center: (678) 312-1000
- Eastside Medical Center: (770) 979-0200
Begin the probate process if your loved one has passed away.
When a person is alive he has the right to file a lawsuit if he suffered a wrongdoing. After someone passes away that right still remains. However, the right to file a lawsuit can only be made on behalf of the person’s estate. For example, when you file a lawsuit you are named as the plaintiff. If a lawsuit is filed after your death the lawsuit is filed by the person’s estate.
An estate must usually be established before a lawsuit can be filed on behalf of a loved one. To create an estate a surviving spouse or other relative with authority to do so may petition the Probate Court of the county where the person passed away. As part of setting up the estate a person will be named as the legal representative. That person is called an administrator or executor. The person has the legal right to make decisions on behalf of the deceased’s estate and can file a lawsuit if needed.
Click here for the Probate Court of Gwinnett County.
Gwinnett County Probate Court
75 Langley Dr.
Lawrenceville, GA 30046
Telephone: (770) 822-8250
Duluth Nursing Home Abuse Lawyer Near Me (678) 823-7678
Nursing Homes near Duluth, Georgia
The quality of care provided at nursing homes is not all the same. Some facilities seem to offer better care than others. You can review the various local area to determine which one is the best option for your loved one. This information was obtained through the CMS Nursing Home Compare Website.
| Life Care CTR of Lawrenceville 210 Collins Industrial Way | Overall Rating: 4 out of 5 (Above Average) Number of Beds: 125 Number of Residents: 81.2 RN hours per resident per day: 41 min (GA Avg: 24 min) |
| Health Inspections Rating: 2 out of 5 (Below Average) Staff Rating: 4 out of 5 (Above Average) Quality Measure Rating: 5 out of 5 (Much Above Average) Most Recent Health Inspection Date: 12-22-2017 Number of Health Citations: 0 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting citation: 8 Federal fines in previous 3 years: 1 ($422,611 fine on 11-04-2016) | |
| Gwinnett Extended Care Center 650 Professional Drive | Overall Rating: 4 out of 5 (Above Average) Number of Beds: 89 Number of Residents: 81.7 RN hours per resident per day: 39 min (GA Avg: 24 min) |
| Health Inspections Rating: 3 out of 5 (Average) Staff Rating: 2 out of 5 (Below Average) Quality Measure Rating: 5 out of 5 (Much Above Average) Most Recent Health Inspection Date: 08-10-2017 Number of Health Citations: 4 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting citation: 0 Federal fines in previous 3 years: 1 ($6,630 fine on 10-08-2015) | |
| Delmar Gardens of Gwinnett 3100 Club Drive | Overall Rating: 4 out of 5 (Above Average) Number of Beds: 67 Number of Residents: 57.5 RN hours per resident per day: Not Available (GA Avg: 24 min) |
| Health Inspections Rating: 3 out of 5 (Average) Staff Rating: Not Available Quality Measure Rating: 5 out of 5 (Much Above Average) Most Recent Health Inspection Date: 07-07-2017 Number of Health Citations: 2 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting citation: 0 Federal fines in previous 3 years: 0 | |
| Salude – The Art Of Recovery 601 North Holt Parkway | Overall Rating: 5 out of 5 (Much Above Average) Number of Beds: 64 Number of Residents: 62.8 RN hours per resident per day: 1hr 12min (GA Avg: 24 min) |
| Health Inspections Rating: 4 out of 5 (Above Average) Staff Rating: 4 out of 5 (Above Average) Quality Measure Rating: 5 out of 5 (Much Above Average) Most Recent Health Inspection Date: 02-02-2017 Number of Health Citations: 0 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting citation: 0 Federal fines in previous 3 years: 0 | |
| d Scott Hudgens Center For Skilled Nursing, THE 3500 Annandale Lane | Overall Rating: 5 out of 5 (Much Above Average) Number of Beds: 32 Number of Residents: 30.7 RN hours per resident per day: 23min (GA Avg: 24 min) |
| Health Inspections Rating: 3 out of 5 (Average) Staff Rating: 4 out of 5 (Above Average) Quality Measure Rating: 5 out of 5 (Much Above Average) Most Recent Health Inspection Date: 07-09-2017 Number of Health Citations: 3 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting citation: 0 Federal fines in previous 3 years: 0 | |
Why Choose Schenk Smith as your Nursing Home Lawyers?
We understand how difficult it can be to discuss nursing home abuse or neglect. There are more than a million attorneys nationwide and we know that you have options. Our law firm may be a good choice for you because:
- We are Knowledgeable: Our attorneys focus only on nursing home cases and since that’s all we do we are very knowledgeable about nursing home abuse and neglect. We understand the laws and regulations that govern nursing homes and we know how to recognize signs that your loved one may have been a victim. We publish weekly podcasts to help give you more insight into nursing home abuse and neglect.
- We are Experienced: In the last two years our firm has obtained millions of dollars in nursing home case settlements and verdicts. One of our founding attorneys, Schenk Firm, was a CNA at Georgia nursing homes for ten years so he understands how nursing homes operate.
- We are Client-Focused: Our attorneys are here for you to help you through this difficult time and provide you with the legal expertise you and your family need. Clients deal almost exclusively with their attorney and not with a case manager. Our clients provide positive feedback and often say that they were treated like family.
If your loved one was injured or died in a Duluth, 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.