Has your loved one suffered from neglect or abuse at a Fairview nursing home? If so, know that they are not alone. Abuse and neglect occur often in nursing homes across Georgia. At Schenk Smith we have dedicated all of our efforts to help elderly residents and their loved ones fight back against nursing homes that have committed some form of neglect or abuse. Once you’ve checked out our resources, please give us a call so that we can discuss your case. We’re here to help you.
Neglect is usually an unintentional act that is done by a staff member, which ends up with the resident being injured or falling ill. For example, if a caregiver fails to follow the diet set forth by a resident’s physician, then they have committed an act of neglect. Abuse though is an intentional act done by a staff member or another resident with the intent to harm. Neither abuse or neglect should ever be condoned.
Suing a nursing home for injuries – What to expect
If you are suing a nursing home for injuries sustained, the value of your case will depend on the severity of the injuries, and the after effects. If you sustained a major injury such as the loss of a limb, or becoming immobilized, then the value of your case may be higher. The same applies for if you missed any major life events such as a wedding, a birth of child, or any other major life event.
When you look to file a lawsuit, you first need to retain a nursing home attorney. They will then create a demand package, which will include relevant documents and evidence that pertains to your case. The package will also contain a specific amount which in exchange will mean you will not pursue the lawsuit. The nursing home will then review this package, and conduct their own investigation. After that they will most likely counter with a much smaller amount then the one you requested. Both parties will then enter into negotiations in order to reach a settlement. If a settlement cannot be reached, then the case will go to trial.
For a free legal consultation with a Nursing Home Abuse lawyer serving Fairview, call
How long do I have to file suit against the nursing home?
Under Georgia law you have 2 years before the statute of limitations. This means that you have 2 years from the moment of when the neglect or abuse took place. This is why it is important to retain an attorney immediately if some form of neglect or abuse has taken place.
Your attorney will go through the process of creating the demand package and then going through negotiations in order to reach a settlement in the event that the nursing home doesn’t accept your first demand. During this time, negotiations can take a long time. If the 2 years is approaching, then your attorney will file the suit even in the midst of negotiations, in order for the claim to still be valid. A chance for a settlement still exists even if your case goes to trial, as most settlements are reached during trial.
Fairview Nursing Home Abuse Lawyer Near Me (678) 823-7678
We are Schenk Smith, your Fairview nursing home lawyers.
At Schenk Smith we are 100% dedicated to helping nursing home residents who have suffered from neglect or abuse. We are not interested in representing any other type of client or practicing any other form of law.
Our passion comes from our founding attorney Schenk Firm. Before becoming an attorney, Schenk Firm served as an attorney, and as a CNA in nursing homes for nearly a decade. His discipline and passion for helping elderly nursing home residents, resonates throughout our firm, and clearly shows in our efforts.
When you visit our site, you will come across plenty of videos, podcast episodes, and blog articles, that are all dedicated to nursing home law. Once you’ve had the chance to visit our site, please give us a call so that we can schedule you a free consultation to discuss your case. It doesn’t matter where you live. Whether you’re by the Missionary Ridge, the McFarland Gap, or Memorial Park, we’ve got you.
Nursing Home Abuse & Neglect in Fairview, Georgia – What you need to know.
Fairview, Georgia is located in Walker County, and has a population of 6,601 residents. Of those residents, 9.90% are aged 65 and older. Like in other nursing homes around the state of Georgia, neglect and abuse occur frequently.
What are the signs of neglect in nursing homes?
The most common signs of nursing home neglect are:
- Malnutrition
- Poor Hygiene
- Unexplained Injuries
- Changes in Behavior
- Unsafe/Unsanitary Living Conditions
It is important to spot signs of these types of neglect early on, in order to determine if the nursing home is neglecting your loved one. These various forms of neglect will usually occur when the nursing home is not fully staffed, or simply has not hired the right staff needed to care for elderly residents.
Nursing home staff members are required to assist guests with their everyday activities including:
- Brushing Teeth
- Brushing Hair
- Clipping Nails
- Changing Clothes
When a nursing home fails to assist guests with these activities, then the nursing home may be held liable. The same applies for any type of malnutrition, which can result in weakness, illness, and weight loss.
Can bedsores lead to infection or death?
Bedsores, which are also known as pressure ulcers or decubitus ulcers, is a lesion caused by unrelieved consistent pressure that results in damage to the underlying tissue. The bedsore occurs if pressure to a particular point of the body has impaired circulation to the underlying tissue.
As bedsores worsen, the skin opens up, and the sore can become larger and deeper. The worst bedsores can be so deep that the bone is exposed. The wound site can contain thousands of bacteria, which means that the bedsore may become infected once the bacteria enters the tissue and then the body. Common complications due to infection include the following:
- Cellulitis
- Osteomyelitis
- Septic Arthritis
- Sepsis or Bacteremia
If the bedsore leads to septic shock, your loved one can pass away, as the mortality rate for septic shock is almost 50%.
Why is nursing home care so poor?
It is difficult to pinpoint exactly why nursing home care is so poor in some nursing homes. Caring for the elderly is a difficult task, that requires a ton of patience. Under Georgia law, nursing homes are required to provide a reasonable standard of care, which means that not only do nursing homes need to have a full staff, but each staff member has to be adequate enough to provide the right type of care for each resident.
When a resident enters a nursing home, the nursing home is supposed to conduct an assessment test in order to determine if the resident will need any specialized treatment. Nursing homes who are negligent will often not follow any of the needed safety measures that are determined during these assessments. This is why it is important to always monitor your loved one when they are in a nursing home, in order to make sure that they are receiving the proper necessary care.
My loved one was hurt in a Fairview nursing home – What do I do next?
If your loved one has been injured, abused, or has passed away at a Fairview, Georgia nursing home, then we highly advise you to act immediately, in order to protect their rights.
First, report the incident to the appropriate Georgia authorities.
Georgia Department of Community Health
The Georgia Department of Community Health has a division known as the Healthcare Facility Regulation, which 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 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
The Georgia Office of the Long-Term Care Ombudsman is another route one can take. The Ombudsman are a group of individuals who aim to resolve nursing home cases of abuse and neglect against elderly residents. They are also authorized by Georgia law to enter nursing homes and ask questions, in order to seek answers.
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:
Northern Region – Georgia Long-Term Care Ombudsman Program
4080 Mundy Mill Road
Oakwood, GA 30566
Telephone: (770) 538-2685
Fax: (770) 538-2696
You may report physical assault or abuse to local law enforcement
If your loved one has been assaulted at a Fairview nursing home and has suffered injuries, then we 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: Lookout Mountain Judicial District.
For abuse occurring in a Fairview, Georgia nursing home, report the crime to the Police Department of Fort Oglethorpe, Georgia or the Walker County Sheriff.
Police Department of Fort Oglethorpe, Georgia
500 City Hall Drive
Fort Oglethorpe, GA 30742
Telephone: (706) 866-2544
Walker County Sheriff’s Office
105 S Duke St
LaFayette, GA 30728
Telephone: (706) 638-1909
Walker County District Attorney’s Office
114 E. Patton St
LaFayette, GA 30728
Telephone: (706) 638-2121
Find another facility for your loved one.
If your loved is suffering from neglect or abuse at a Fairview nursing home, then it is in your best interest to find a better suited facility. When you conduct your search for a new facility, it is important to take part in walkthroughs. During these walkthroughs, it is important to ask as many questions as possible in order to get a feel for the facility and the staff. Another tool to use is the Nursing Home Compare website which is operated by The Centers for Medicare and Medicaid (CMS). This site offers ratings for every nursing home in the county that receives federal funding. These ratings are based off several factors including quality, nurse-to-resident ratio, and inspection scores.
Click here to go to the Nursing Home Compare Website.
For your convenience, a list of all nursing homes located in Fairview, Georgia is located below, along with their contact information and inspection scores.
Get the medical records from the hospital and the nursing home.
If your loved one was injured at a Fairview nursing home, it is important to get their medical records immediately. Nursing homes will usually stop at nothing to place the blame of an injury on a resident as opposed to accepting responsibility for what occurred. For example, if your loved one suffers a broken bone from a slip and fall over a wet surface, the nursing home will most likely try to claim that the bone was broken before the fall, even if the evidence shows that’s not true.
To help protect your loved one’s rights, you need their medical records, because those will contain valuable information on the hospital visit, such as who the primary physician was. It is also important to obtain the nursing home’s medical records, since those will sometimes shows signs of neglect or abuse.
Federal and State laws prevent third parties from obtaining medical records without the proper written authorization form. This form will usually be either a power of attorney, guardianship paperwork, or a healthcare directive.
If your loved one was injured at a Fairview nursing home, then chances are their medical records will be located at the hospital listed below. 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.
Begin the probate process if your loved one has passed away.
If your loved one has passed away, their right to pursue a lawsuit is still valid. A deceased person’s right to pursue a lawsuit is handed over to an Estate in the event of their death. For example, the plaintiff will go from being “John Doe” to “The Estate of John Doe”. To file a lawsuit, the Estate must first be established. This means the surviving spouse, child, or relative will need to petition the Probate Court of the County in which the deceased has passed.
If you’re dealing with this situation, it’s important to setup an Estate immediately. In doing so, you will need to appoint a personal representative, who is often referred to as an Executor or Administrator. This representative will then act on behalf of the Estate, and will make all the decisions with regards to the lawsuit.
Click here for the Probate Court of Walker County.
Walker County Probate Court
103 S Duke St, Ste. 101
LaFayette, GA 30728
Nursing Homes in Fairview, Georgia
Every nursing home is different, as each have their own pros and cons. Below is a list of nursing homes located in Fort Oglethorpe, Georgia which is close to Fairview, along with relevant information for each. This information is taken from CMS’ Nursing Home Compare Website.
| PruittHealth – Fort Oglethorpe 1067 Battlefield Parkway Fort Oglethorpe, GA 30742 | Overall Rating: 3 out of 5 (Average) Number of Beds: 120 Number of Residents: 106 RN hours per resident per day: 25min (GA Avg: 34min) |
| Health Inspection Rating: 3 out of 5 (Average) Staff Rating: 2 out of 5 (Below Average) Quality Measure Rating: 2 out of 5 (Below Average) Most Recent Health Inspection Date: 09-08-2017 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: 0 | |
| NHC Healthcare – Ft Oglethorpe 2403 Battlefield Parkway Fort Oglethorpe, GA 30742 | Overall Rating: 4 out of 5 (Above Average) Number of Beds: 135 Number of Residents: 123 RN hours per resident per day: 18min (GA Avg: 34min) |
| Health Inspection Rating: 4 out of 5 (Above Average) Staff Rating: 1 out of 5 (Much Below Average) Quality Measure Rating: 5 out of 5 (Much Above Average) Most Recent Health Inspection Date: 04-27-2017 Number of Health Citations: 2 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting in citation: 0 Federal fines in previous 3 years: 0 | |
Why Choose Schenk Smith as your Nursing Home Lawyers?
When you begin searching for an attorney, you will notice plenty of options. Even though you have many attorneys to choose from, we would like for you to consider us as the best choice. Here are a couple reasons why we think we’d be the top choice to represent you:
- Resourceful: When you visit our site, you will encounter over 200 videos, over 100 podcast episodes, and countless blog articles which are all dedicated to nursing home law. Our attorneys also attend and lead legal education seminars dedicated to nursing home law.
- Dedicated: We only practice one form of law, and we focus on solely representing elderly residents. Practicing only form of law, allows us to be more knowledgeable on any changes that may pertain to nursing home law. Our attorneys are also members of senior citizen advocacy groups.
- Results Driven: Our attorneys are top notch attorneys who are focused on delivering great results, It’s why our attorneys have been selected as Georgia Super Lawyer Rising Stars. Our efforts have proven to be worthy of the accolades, as we’ve had millions in verdicts and settlements for our clients in the last two years.
If your loved one was injured or died in a Fairview, 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.