If you have reason to believe someone you love is the victim of elder abuse or neglect at a local nursing home facility, don’t leave your loved one’s fate to chance. Our Fayetteville nursing home abuse lawyers will use all legal means necessary to secure a just and fair outcome.
Elder abuse and neglect are a regular occurrence in nursing homes across the state. It happens in the poorest facilities and in the most prestigious. The abuse can be physical, psychological, or both, while neglect manifests itself in poor hygiene, bedsores, and other injuries caused by a lack of care and caution by nursing home staff.
At Schenk Nursing Home Abuse Law, we focus exclusively on protecting elders and their loved ones. Call us today to schedule a free consultation.
Can I Bring a Claim on Behalf of My Loved One?
Yes, you can. If your loved one is incapacitated or has recently passed away due to injuries sustained in a nursing home, you have legal means at your disposal to give your loved one the just outcome they deserve.
Bringing a claim on behalf of someone else involves going through the necessary courts and filling out specialized paperwork. If your loved one passed away while in a nursing home, a probate court can help you set up an estate in their name, which will then allow you to file suit.
The process can be frustrating, but our legal team is here to help you through it.
For a free legal consultation with a Nursing Home Abuse lawyer serving Fayetteville, call
What Counts as Abuse or Neglect?
Abuse in nursing homes and assisted living facilities can take a variety of forms, including:
- Physical abuse.
- Sexual abuse.
- Neglect that leads to bed sores (pressure ulcers) or other illnesses and injuries.
- Personal hygiene neglect that leads to illness or infection.
- Poor facility standards that lead to a slip and fall or other accident.
- Wrongful death.
Fayetteville Nursing Home Abuse Lawyer Near Me (678) 823-7678
Can Criminal Charges Be Brought Against the Nursing Facility?
Yes, they can. If nursing staff, an administrator, or the owner of the facility is found to have acted in a criminal manner against a resident or residents of a nursing home, then criminal charges may be brought against them.
Criminal charges may include physical assault, rape, or culpable negligence in the more extreme cases of elder neglect. If the nursing home employees are found guilty, they could face years in prison and heavy fines.
Depending on the circumstances of the offense, you may have a choice to also file civil charges of nursing home negligence or abuse against the long-term care facility.
Why Choose Us for Your Fayetteville Nursing Home Lawyers?
Our attorneys can help you discover the truth of the situation and give your loved one the just and fair treatment they deserve.
Schenk Nursing Home Abuse Law is focused on providing the respectful and compassionate legal care that your family deserves. You can read our client reviews to learn how we’ve helped others like you.
Our attorneys are highly active in the elder law space, maintaining memberships with some of Georgia’s most prominent senior citizen advocacy groups, and maintaining a popular weekly video podcast on the subject of elder abuse and neglect.
We proudly serve Fayetteville and the surrounding area. Whether you live near Fayette Union Methodist, Canola Mountain State Park, or out by Six Flags Over Georgia, we’ve got your back.
What Compensation Can Be Recovered in Nursing Home Abuse and Neglect Cases in Georgia?
The recoverable compensation will depend on the impacts of the abuse or neglect on your loved one’s life. Recoverable compensation can cover:
- Physical pain and suffering.
- Medical care expenses.
- Relocation costs for moving your loved one to another facility.
What Should You Do if You Suspect Abuse or Neglect?
As more Georgia residents retire and enter their later years, nursing homes across the state are being squeezed. Many nursing homes simply do not have the staff required to perform their duties as required under the law.
You can empower yourself to spot neglectful behavior. If you believe abuse or neglect is taking place, you can report it to:
The Georgia Department of Community Health
The authority that regulates nursing home facilities across the state of Georgia is the Georgia Department of Community Health, or DCH. Within the DCH is the Healthcare Facility Regulation, which is tasked with assessing nursing homes and ensuring their compliance with state and federal law.
You can file a complaint with the Georgia Department of Community Health, Healthcare Facility Regulation online.
Georgia Office of the Long-Term Care Ombudsman
In addition to the DCH, you have the opportunity to file a complaint with the Georgia Office of the Long-Term Care Ombudsman. The Ombudsman program provides mediation between Georgia families and state nursing homes. Someone will be assigned to your case to determine whether or not the complaint can be settled without legal action.
You can file a complaint with the Georgia Office of the State Long-Term Care Ombudsman online.
Report Physical Abuse to Local Authorities
Abuse or neglect may be so significant that it warrants a call to law enforcement officials. You may choose to contact the local police, the county sheriff’s office, or the District Attorney’s Office, depending on the circumstances of the abuse or neglect.
For abuse occurring in a Fayetteville, Georgia nursing home, report the crime to the Police Department of Fayetteville or to the Fayette County Sheriff.
Should You Get Your Loved One’s Medical Records from the Nursing Home?
Abuse and neglect can be difficult to spot and hard to prove on your own. But medical records related to the treatment of an injury or wound may be exactly what you need to prove your case and secure a just and fair settlement or court outcome.
It isn’t always easy to access records, as nursing homes may have taken your loved one to any number of local healthcare facilities. There is also a good chance that nursing home staff will not cooperate with your requests for information.
In addition to these difficulties, you’ll also be required to show proof that you’re authorized to claim your loved one’s medical documents. This often requires a power of attorney or similar form of documentation confirming that status over your loved one.
However, once you’ve secured these documents, the only remaining task is to visit the hospital and fill out the necessary paperwork. Alternatively, you can have your attorney take care of the entire process for you.
How Else Can Neglect or Abuse Be Proven?
Your lawyer can conduct an investigation to prove abuse or neglect.
They may gather evidence like:
- Video footage from security cameras.
- Witness statements from staff or other elderly patients.
- Incident reports from the long-term care facility.
Our law firm will leave no stone unturned in our goal to prove negligence and get the justice your loved one deserves.
Is There a Deadline for Your Case?
Yes, in Georgia, you typically have two years to file a personal injury lawsuit under the statute of limitations. There may be exceptions to this deadline, or it may be shorter in some cases. Your attorney will inform you of the expected timeline and keep you updated on the progress of your case.
Contact a Fayetteville Nursing Home Abuse Attorney Today
Nursing home neglect and abuse shouldn’t happen to anyone. If your family member suffered harm at a long-term care facility, we can help you seek justice. Schenk Nursing Home Abuse Law is here to stand by your side throughout the legal process.
Contact us today to get started with a free consultation.