Has your loved one suffered from some form of neglect or abuse at a LaGrange nursing home? If so, know that they are not alone. Both neglect and abuse occur quite often in various nursing homes across Georgia. That is why at Schenk Smith, we have dedicated all of our efforts and resources to helping elderly residents fight back against nursing homes that have committed acts of neglect or abuse. After you’ve visited our site, please give us a call so that we can discuss your case. We’re here to help you.
Neglect and abuse occur often, yet they are a bit different. Neglect is usually an unintentional act that results in a resident being injured. When a caregiver fails to follow the diet set forth by a resident’s physician, then that caregiver has committed an act of negligence. Abuse on the other hand is an intentional act done by a staff member or another resident with the intent to harm. Neither neglect or abuse should ever take place in a nursing home.
Should I file suit on behalf of my loved one?
If your loved one has suffered from abuse or neglect, and is unable to defend themselves, then it is in your best interest to file a suit on behalf of them. Nursing homes are required to provide a reasonable standard of care to all of their residents, and when they fail to do so, residents can end up being hurt or developing diseases.
Whether its abuse or neglect, both may hold the nursing home liable. In order to file a suit on behalf of your loved one, you will likely need a power of attorney in order to file on their behalf. In some cases, the Probate Court of the county in which the resident lives, may give claim someone a guardian in the event that a resident doesn’t have a representative.
If your loved one is suffering at the hands of a nursing home, then it is imperative to hire a nursing home attorney, so that they can help you and guide you throughout this process.
What type of criminal charges can be brought?
The type of criminal charges that can be brought, will ultimately depend on the severity of what occurred. If some form of abuse has occurred, the nursing home may face potential fines, and may even be closed down.
If the abuse came from a nursing home staff member, then that staff member may also face potential fines, and may even face potential jail time. If the abuse that occurs is resident-to-resident, then the nursing home may be held liable, and may face some form of punishment. Nursing homes are required by Georgia law to provide a reasonable standard of care to each resident, which means resident should be free from abuse and neglect, including resident-to-resident abuse. When either occur, the nursing home may face punishment.
We are Schenk Smith, your LaGrange nursing home lawyers.
At Schenk Smith we are 100% dedicated to helping elderly residents and their loved ones fight back against nursing home that have committed some act of neglect or abuse. We focus solely on nursing home cases, and we do not represent any other type of client.
Our passion for helping elderly residents stems from our founding attorney Schenk Firm. Before becoming an attorney, Schenk Firm served as a Marine, and also served as a CNA in nursing homes for nearly a decade. His discipline and passion for helping elderly residents resonates throughout our firm.
When you visit our website, you will encounter plenty of videos, podcast episodes, and blog articles, which are all dedicated to nursing home law. After 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 to us where you live. Whether you’re by the Chattahoochee Valley Art Museum, Franklin D Roosevelt State Park, or Sunny Point Recreation Area, we’ve got you.
Nursing Home Abuse & Neglect in LaGrange, Georgia – What you need to know.
LaGrange, Georgia is located in Troup County, and has a population of 30,452 residents. Of those residents, 27% are aged 65 and older. Like in other nursing homes around the state of Georgia, neglect and abuse occur frequently.
What are the symptoms of nursing home neglect?
Nursing home neglect occurs when a nursing home fails to give a person the attention and care they need. 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 symptoms early on, in order to prevent the neglect from continuing. These signs of nursing home neglect usually occur when a nursing home fails to hire enough staff, or fails to hire the proper staff needed to care the elderly.
Staff members are required to assist residents with basic day to day activities such as brushing their teeth, brushing their hair, clipping their nails, changing their clothes, and for those immobilized, move around. Caregivers are also required to provide the right diet to each resident to keep them from getting illnesses or losing weight. The nursing home is also required to provide a hazard free environment, so that the residents are safe from any potential dangers, such as tripping on a wet floor, or tripping over a cord. When nursing home’s fail to do any of these, the nursing home may be held liable for neglect.
What bodily injuries happen most often?
There are several bodily injuries that occur quite often in nursing homes. The most common forms of bodily injury are:
- Cuts
- Welts
- Bruises
- Bleeding
- Broken Bones
- Bedsores
These can all be the result from either neglect or abuse, with bedsores usually being a result from neglect. Under Georgia law, nursing homes are required to provide residents with a safe environment, and with a staff of caregivers who are adequate enough to provide the special treatment needed for the elderly. When the nursing home falters in any one of those areas, injuries usually occur. If a resident needs to use the restroom, but the nursing home has failed to hire enough staff to help that resident, then chances are the resident may take matters into their own hands, and try to go to the restroom on their own. The end result may end up being that the resident falls and breaks a bone, which then leaves the nursing home liable.
What makes nursing home neglect so common?
Taking care of the elderly is not a easy task. Elderly residents require a special type of treatment, and constant supervision, because they need help with all of their day to day activities. This in essence requires a ton of patience and knowledge.
Nursing homes are required by Georgia law to have a full staff. So in order to be compliant, they at times may hire staff members who are not well equipped to handle elderly residents. When this occurs, staff members can grow impatient when helping elderly residents, which can result in either some form of abuse or neglect.
Elderly residents require supervision throughout the day and even at night when they may need to be moved in a different position in order to avoid the risk of developing bedsores. But at times the staff members hired, may not be knowledgeable enough to know of these necessities. Whether the neglect is intentional or unintentional, the nursing home may be held liable for any outcomes from the neglect.
For a free legal consultation with a Nursing Home Abuse lawyer serving Lagrange, call
My loved one was hurt in a LaGrange nursing home – What do I do next?
If your loved one has been injured, abused, or has passed away at a LaGrange, 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. This division also regulates and certifies 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 presents another option one can take. The Ombudsman is a group of individuals who aim to resolve nursing home cases of abuse and neglect against elderly residents. The Ombudsman are also authorized by Georgia law to enter nursing homes and ask questions.
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:
Western Region – Georgia Long-Term Care Ombudsman Program
1743 Hardin Ave
College Park, GA 30337
Telephone: (678) 378-2934
Fax: (404) 768-8512
You may report physical assault or abuse to local law enforcement
If your loved one has been injured due to an assault at a LaGrange nursing home, 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: Coweta Judicial District.
For abuse occurring in a LaGrange, Georgia nursing home, report the crime to the Police Department of LaGrange, Georgia or the Troup County Sheriff.
Police Department of LaGrange, Georgia
100 W Haralson St
LaGrange, GA 30240
Telephone: (706) 883-2603
Troup County Sheriff’s Office
130 Sam Walker Dr
LaGrange, GA 30241
Telephone: (706) 883-1616
Troup County District Attorney’s Office
100 Ridley Ave
LaGrange, GA 30240
Telephone: (706) 298-3626
Find another facility for your loved one.
If your loved one is currently suffering from nursing home neglect or abuse, it is in your best interest to find a better suited facility. When doing so, you want to make sure to conduct walkthroughs. During these walkthroughs it is imperative that you ask as many questions as possible, in order to get a feel for the facility and the staff as well. Another tool that can assist you in your efforts 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, inspection scores, and nurse-to-resident ratio.
Click here to go to the Nursing Home Compare Website.
For your convenience, a list of all nursing homes located in LaGrange, 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 LaGrange nursing home, then it is important to obtain their medical records immediately. The reason is because nursing homes will usually stop at nothing to place the blame of the injury on your loved one. For example, if your loved one suffers a broken bone from a slip and fall due to a wet surface, chances are the nursing home will try to claim that the bone was broken before the fall, even if the evidence indicates that isn’t the case.
To protect your loved one’s rights, you need their medical records, because those will have valuable information on who the primary physician was, plus it’ll contain information on the hospital visit. It is also important to obtain the medical records from the nursing home, since those at times will show signs of nursing home neglect or abuse.
State and Federal privacy laws prevent third parties from obtaining medical records without the proper written authorization form. These forms will usually be either a power of attorney, a healthcare directive, or guardianship paperwork.
If your loved one was injured at a LaGrange nursing home, then chances are their medical records will be located at the hospital listed below. When 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, they still have the right to pursue a lawsuit. 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”. In order to file a lawsuit, an 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 currently dealing with this situation, it is important for you to setup an Estate. In doing so, you will need to appoint a personal representative, who is often referred to as an Executor or Administrator. This person 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 Troup County.
Troup County Probate Court
100 Ridley Ave
LaGrange, GA 30240
Lagrange Nursing Home Abuse Lawyer Near Me (678) 823-7678
Nursing Homes in LaGrange, Georgia
Every nursing home is different, as each have their own pros and cons. Below is a list of the nursing homes located in LaGrange, Georgia, along with pertinent information for each. This information is taken from CMS’ Nursing Home Compare Website.
| Florence Hand Home
200 Medical Drive |
Overall Rating: 4 out of 5 (Above Average)
Number of Beds: 150 Number of Residents: 135.4 RN hours per resident per day: 27min (GA Avg: 24 min) |
| Health Inspections Rating: 4 out of 5 (Above Average)
Staff Rating: 3 out of 5 (Average) Quality Measure Rating: 2 out of 5 (Below Average) Most Recent Health Inspection Date: 05-25-2017 Number of Health Citations: 0 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting citation: 2 Federal fines in previous 3 years: 0 |
|
| Twin Fountains Home
1400 Hogansville Road |
Overall Rating: 4 out of 5 (Above Average)
Number of Beds: 116 Number of Residents: 99.9 RN hours per resident per day: 31min (GA Avg: 24 min) |
| Health Inspections Rating: 4 out of 5 (Above Average)
Staff Rating: 4 out of 5 (Above Average) Quality Measure Rating: 4 out of 5 (Above Average) Most Recent Health Inspection Date: 09-07-2017 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 |
|
| Lagrange Health And Rehab
2111 West Point Road |
Overall Rating: 1 out of 5 (Much Below Average)
Number of Beds: 138 Number of Residents: 90.3 RN hours per resident per day: 13min (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: 1 out of 5 (Much Below Average) Most Recent Health Inspection Date: 07-01-2017 Number of Health Citations: 18 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting citation: 1 Federal fines in previous 3 years: 1 ($302,247 fine on 07/01/2017) |
|
Why Choose Schenk Smith as your Nursing Home Lawyers?
When you begin your search for a new attorney, you will encounter plenty of options to choose from. While you have many options, we would like for you to consider us as the best choice to represent you and your family. Here are a couple reasons why we think we’d be a great fit to represent you and your loved ones:
- Resourceful: When you visit our site, you will encounter over 200 videos, over 100 podcast episodes, and countless blog articles that will assist you in your efforts when looking to pursue a lawsuit against a nursing home. We only focus on one area of law, so all of our efforts and skills are dedicated to nursing home law, which makes us more knowledgeable on any changes that may pertain to nursing home law.
- Award Winning: Schenk Smith is the best Google reviewed law firm in Georgia that focuses on nursing home cases. Our attorneys have also been selected as Georgia Super Lawyer Rising Stars. These are just a couple reasons why our clients hold us in high regards. You can check out our client testimonials, and see for yourself as to why we should be your top choice.
- Singular Focus: Since we only practice nursing home law, we are ready and willing to see your case to trial. Even though we offer everyone free consultations, we are very selective with the cases we choose. But being selective means our clients will deal with an attorney directly, as opposed to dealing with a case manager. This method has proven to drive great results for our clients, as we’ve had millions in verdicts and settlements in the past two years.
If your loved one was injured or died in a LaGrange, 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.