As the elderly population continues to rise, the nursing home population continues to rise as well. Unfortunately, that also means rising levels of nursing home abuse and neglect in Georgia.
Many people believe that “abuse” and “neglect” are synonymous. To an extent, that’s true. Both of them are torts, which is part of an area of law called “negligence.” But in other ways, abuse and neglect are very different. Nursing home neglect involves unintentional injuries. For example, no one intends for a nursing home resident to slip and fall on a slick floor. Nevertheless, if that fall causes injury, the person or entity responsible should have to pay damages.
Nursing home abuse, on the other hand, involves intentional injury. That includes things like kicking or punching a helpless resident.
This uncertainty about key terms is just one of the misconceptions which abound in this area of law. Since Jefferson families have so many questions in these instances, we designed this page as a place where they can find the answers they need.
Moreover, many families do not know where to turn when their loved one is abused or neglected in an area nursing home. So, this page includes valuable resources in this area as well.
One of the best things you can do in the wake of nursing home negligence is to contact an attorney. At Schenk Smith, we are committed to maximum compensation for victims and their families. Typically, this compensation includes money for economic damages, such as medical bills, and noneconomic damages, such as pain and suffering. Moreover, we also work for justice in these cases. The world needs to know what happened at the nursing home and your family needs closure.
Negligence is an area of civil law, much like a divorce. But there are some key differences. Most marriage dissolutions in Georgia are no-fault divorces. That means, for the most part, that the moving party does not need to “prove” anything. But in a negligence case, the victim/plaintiff must establish abuse or neglect by a preponderance of the evidence.
A “preponderance of the evidence” is Legalese for “more likely than not.” Picture two equally-sized stacks of paper side by side. If a person adds a sheet to the pile on the right, it is taller than the pile on the left. That is the picture of a preponderance of evidence. If the victim/plaintiff’s case (evidence and legal arguments) is just a bit more compelling than the defendant’s case, the jury must return a favorable verdict. More on evidence collection in a moment.
The other major difference between a tort case and a divorce case is money damages, as outlined above. Money alone cannot possibly compensate for the pain and suffering involved in something like a wrongful death. But money can assuage the grief that the family feels. Furthermore, since no one can turn back time, money is the only remedy that any court has the power to award.
Evidence is one foundation of a nursing home abuse or neglect case. In your legal matter, our legal team may collect evidence like:
Every nursing home abuse and neglect case is different. Some settle very quickly with almost no evidence and some take years to resolve. Most of these cases fall somewhere in the middle.
Evidence alone is not enough. The facts in a case are much like the pieces in a jigsaw puzzle. Someone has to put the pieces together to form a picture, and that’s what we do at Schenk Smith. These cases are rather complex, because the individual tortfeasor (negligent actor) is usually not legally responsible for damages in abuse cases. Instead, the nursing home is normally responsible, because of a theory like:
Once we plug the facts into an appropriate legal theory, your claim for damages is much easier for the jury to follow. Therefore, there is a greater probability that the jury will return a favorable verdict.
At Schenk Smith LLC, we always assume that every case will go to trial. We diligently prepare your case from start to finish.
Statistically, however, about 75 percent of tort cases settle out of court. In some jurisdictions, the percentage is much higher. In most cases, resolving a nursing home abuse or neglect case with an out-of-court settlement is a good thing. For the most part, this process is much less time-consuming. So, you get justice and compensation sooner than you would otherwise. Furthermore, trials are risky. No matter how compelling the victim/plaintiff’s evidence is, there is no way to predict what a jury will do. Finally, while trials make very compelling scenes in movies and TV, the real-life ones aren’t nearly that dramatic.
Still, the emotional closure that comes with a trial is sometimes a necessary thing. The fact that the victim/plaintiff does not get a “day in court” is one of the downsides of an out-of-court settlement. This drawback is especially bad if the settlement terms are confidential or the paperwork contains a gag order. These provisions are very common. Finally, the parties may simply be too far apart on damages to settle the case.
Largely to deal with that last drawback, most Jackson County judges order nursing home negligence cases to mediation. This process is a way to avoid trial. For the most part, judges do not like trials either, because they consume so much of the court’s time and resources. So, the law basically presumes that settlement is good for everyone.
Prior to mediation, a neutral third party reviews the pleadings in the case to become familiar with the issues. This party is usually either an elder law attorney uninvolved in the case or a retired judge. Typically, either both parties agree on a mediator or the judge appoints someone.
Most mediation sessions last a full day. At the beginning, each attorney gives a brief opening statement. Then, the parties retire to separate rooms as the mediator conducts shuttle diplomacy. This person goes from one party to the other, conveying settlement offers and counteroffers. All the while, the mediator presses the virtue of settlement, such as more control over the outcome and lower cost.
If the mediator successfully engineers a settlement, which happens most of the time in most jurisdictions, the lawyers for each side file final paperwork. If the mediator fails, the case continues.
This process usually takes place informally as well. Attorneys often exchange settlement offers over the course of a case.
Whether your nursing home abuse or neglect claim settles before the fighters enter the ring or it goes all the way to Round Twelve, we fight for you. Like a professional boxer, we train hard. We collect compelling evidence and put it together using all our considerable legal skill. Also like a professional boxer, we have a plan. Instead of just mindlessly throwing punches, we know when and where to hit the opponent.
We are not just aggressive attorneys. We are also compassionate lawyers. We understand your pain and suffering, and we are committed to the Jackson County community. So, whether you live near the Crawford W. Long Museum, Winder Highway, or Jefferson City Lake, we are on your side. If necessary, we can come meet you at your home or any other convenient place.
Jefferson, Georgia is in Jackson County. It has a population of 9,946 residents. Of those, 14.10 percent are over 65. Nursing home abuse is just as common in communities like Jefferson as it is in other parts of the state.
Fear of retaliation is an issue we deal with very often at Schenk Smith. It’s one of the leading reasons why so few nursing home abuse and neglect victims report these instances to authorities, nursing home management, or even their own loved ones.
The family members share this fear as well. The concern is a very serious one. Your loved one is basically at the mercy of nursing home staff. And, if abuse or neglect has occurred once, it could well happen again. There are two primary ways to deal with this fear.
To continue with this point, in our experience, the opposite of retaliation sometimes happens. The nursing home becomes so concerned over potential liability that they treat the victim with extra care and attention. Sometimes that is a good thing, and sometimes that is a bad thing. It just all depends on the situation.
The bottom line is that no lawyer, or anyone else, can 100 percent guarantee that your loved one will not face retaliation. But what we can guarantee is that we will make the nursing home pay dearly if such retaliation does occur. Quite frankly, that’s the best guarantee you will probably get and it’s not one that is available from many other attorneys.
Oh yes. Legally, most falls are in an area of law called premises liability. Essentially, the landowner usually has a duty to keep the property in good condition so as to keep people from being hurt. Most nursing home falls occur because of defective property conditions, such as:
“Reasonable care” is almost always the duty which applies in nursing home premises liability cases. Nursing home residents are invitees. They are at the facility because of the owner’s express invitation. Furthermore, their presence benefits the owner economically. Such an invitation, and such a benefit, is the classic definition of an invitee.
Loved ones who visit nursing home residents may be considered invitees or licensees. Visitors clearly have permission to be on the property. But do they confer a benefit on the owner? Arguably so, because their presence makes the residents happier. However, many judges may consider that analysis to be a stretch. If a visitor is a licensee, which is a lesser category (permission but no benefit), the owner only has a duty to protect against latent (hidden) defects.
Owners usually owe no duty to trespassers (no permission and no duty). For the most part, those stories about injured burglars who sue homeowners are just urban legends.
Duty alone is not enough. The victim/plaintiff must also establish knowledge in premises liability cases. Sometimes, there is a “smoking gun” and direct evidence of actual knowledge. That could be a construction work order or a hallway maintenance report.
Usually, however, the victim/plaintiff uses circumstantial evidence of constructive knowledge (should have known) to establish this point. Most Georgia courts use a variation of the time/notice rule to determine constructive knowledge.
The time/notice rule first appeared in a case called Anjou v. Boston Elevated Railway Company in 1911. In that case, the victim slipped and fell on a banana peel. Significantly, witnesses said the peel was dirty, gritty, and black. The court later rules that the owner’s constructive knowledge was tied to the color of the peel:
Falls are a serious problem in Jefferson-area nursing homes. Over half of nursing home residents fall, and most of these victims are repeat fallers. These incidents are the leading cause of injury-related death among people over 65.
Of all the questions we hear at Schenk Smith, this one may be one of the most common ones. We’ve included the link to the Nursing Home Compare website below. It contains a lot of information about area nursing homes, including their inspection history.
Bear in mind, however, that the inspection history sometimes gives an inaccurate picture of conditions at the nursing home. Procedure varies by different inspection agencies and even different inspectors within the same agency. But many times, if inspectors find violations, they do not issue citations straightaway. Instead, they issue warnings and give the nursing home an opportunity to cure the problem. So, no “failed inspection” appears on the record.
Furthermore, nursing homes are very adept at cleaning things up just before the inspection. Most agencies conduct “surprise” inspections. But typically, the facility has at least some warning. For example, the facility might know to expect an inspector in a particular month.
Finally, nursing home inspections usually involve some legal and procedural issues. If the victim/plaintiff introduces evidence of a prior failed inspection, the judge will probably allow evidence of subsequent remedial measures. That’s Legalese for “improvements the nursing home has made.” Sometimes, it’s not a good idea for the jury to hear such evidence, because it is confusing.
Accumulating evidence of abuse and neglect is only part of the solution, as is applying the correct theory. We also need to take action. Some key steps are outlined below.
The Georgia Department of Community Health’s Healthcare Facility Regulation investigates claims of nursing home abuse and neglect. This agency also regulates and certifies nursing homes in Jefferson, GA.
You can file a complaint with the Georgia Department of Community Health, Healthcare Facility Regulation online by clicking this link. Some additional contact information is:
Georgia Department of Community Health, Healthcare Facility Regulation
2 Peachtree Street NW
Atlanta, GA 30303
Tel: (800) 878-6442
Fax: (404) 657-5731
You can file a complaint with the Georgia Office of the State Long-Term Care Ombudsman online by clicking on this link. Here is some additional contact information:
Georgia Office of the Long-Term Care Ombudsman
East Ombudsman Program
135 Hoyt Street
Athens, GA 30601-2646
Tel: (706) 549-4850
Fax: (706) 227-8337
For abuse occurring in a Jefferson, Georgia nursing home, report the crime to one of the offices below.
City of Jefferson Police Department
1010 Washington St.
Jefferson, GA 30549
Tel: (706) 367-5231
Jackson County Sheriff’s Office
555 Stan Evans Dr.
Jefferson, GA 30549
Tel: (706) 367-8718
Jackson County District Attorney
5000 Jackson Parkway, Ste. 160
Jefferson, GA 30549
Tel: (706) 387-6288
Not all nursing homes are created equally. But it is sometimes difficult to tell one from another based on a cursory inspection. So, you need a resource that provides objective information about the facilities in your area. If abuse or neglect occurred once at a Jackson County nursing home, it is likely to occur again. Relocating your loved one usually needs to be a high priority in these cases.
Click here to go to the Nursing Home Compare Website. This site has a very nice layout that’s easy to scan. It also conveys lots of relevant data without muddying things up with items you don’t particularly need. To make things even easier, we have included some information about facilities located in or near Jefferson, Georgia. That information is located below.
If evidence in nursing home abuse and neglect cases is like the pieces of a jigsaw puzzle, the nursing home’s medical records are like the corner and edge pieces. After securing and reviewing these records, the rest of the puzzle is much easier to fit together. So, one of our first calls is to the nursing home’s records division. That’s a call that you can make as well.
There are usually hospital records as well. They are as important as the facility’s records and also just as hard to obtain. Like the nursing home, the hospital will probably use privacy laws as a way to keep you from getting the records. You must be determined. Start with the two facilities that are closest to Jefferson nursing homes:
Northeast Georgia Medical Center, Braselton, (770) 848-8000, and
Gwinnett Medical Center, (678) 312-1000
In wrongful death cases, there is an additional legal hurdle. Whether or not your loved one had a will, a court must legally designate you as the decedent’s authorized representative. This process is called probate.
Click here for the Jackson County Probate Court
Jackson County Probate Court
5000 Jackson Parkway
Jefferson, GA 30549
Moving your loved one to a local nursing home is usually the least disruptive alternative for everyone involved. Some possible destinations in the Jefferson area include:
Winder Healthcare and Rehabilitation Center 263 East May St. Winder, GA 30680 | Overall Rating: 1 out of 5 (Much Below Average) Number of Beds: 163 Number of Residents: 125.7 RN hours per resident per day: 10 min (GA Avg: 24 min) |
Health Inspections Rating: 1 out of 5 (Much Below Average) Staff Rating: 1 out of 5 (Much Below Average) Quality Measure Rating: 3 out of 5 (Average) Most Recent Health Inspection Date: 11-28-2017 Number of Health Citations: 9 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 |
Hill Haven Nursing Home 880 Ridgeway Rd. Commerce, GA 30529 | Overall Rating: 3 out of 5 (Average) Number of Beds: 70 Number of Residents: 66 RN hours per resident per day: 12 min (GA Avg: 24 min) |
Health Inspections Rating: 3 out of 5 (Average) Staff Rating: 3 out of 5 (Average) Quality Measure Rating: 4 out of 5 (Above Average) Most Recent Health Inspection Date: 11-28-2017 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 |
Probably due to the preference for out-of-court settlements, many nursing home negligence attorneys look for the easy way out. If the defendant’s settlement offer is “good enough,” they advise their clients to take it.
That will not happen at Schenk Smith. Since we only handle nursing home abuse and neglect cases, we handle them very well. We are ready to go the distance every time we take a case. That tenacity sets us apart from the rest.
To learn more about us, visit our client testimonial page. Then, call us at Schenk Smith (678) 823-7678 for a free consultation.. We want to help you make the best of a very bad situation.