Know that neither you nor your loved one are alone if they’ve suffered from neglect or abuse at a McDonough nursing home. Neglect and abuse occur across plenty of nursing homes in the state of Georgia. Which is why we have dedicated our site to assist residents and their loved ones who have suffered from nursing home abuse or neglect. Once you’ve had the chance to visit our site, please call us so that we can schedule you a consultation to discuss your case. We’re here to help you.
Neglect and abuse occur frequently in nursing homes. Neglect usually happens when a nursing home staff member fails to offer a reasonable standard of care that is required by Georgia law. This usually happens when a nursing home fails to hire enough staff, or fails to hire the right personnel. Abuse on the other hand is an intentional act done to a resident by a staff member or another resident with the intent to harm. Neither abuse or neglect should ever be tolerated in any nursing home.
To file suit means that both parties were not able to reach a settlement during the beginning process. A case usually begins with a claim and a demand package which is created by an attorney. The demand package will usually contain evidence and documents that pertain to the case which show the strength of the case. The demand package will also contain a specific amount of money requested in exchange for the promise to not pursue the suit.
The nursing home and their attorneys will then obtain the demand package, and will conduct their own investigation. Once that is complete, the nursing home will usually counter the amount requested, with a much lower amount. When this occurs, both parties will begin to negotiate in order to reach a settlement. If a settlement is not reached, then the claim will be filed, and the case will go to trial. A settlement can still be reached even though a case goes to trial, as usually most settlements are reached during trial.
Most attorneys will work based off a contingency fee. This means that they will the attorneys will be paid a percentage based amount, only if a settlement or verdict is reached in your favor. At times there are other costs such as court fees, and fees for medical experts. Attorneys that work on a contingency fee will also cover these costs, and will recoup these fees in the event that a settlement or verdict is reached in your favor.
It’s important and beneficial to obtain an attorney who works off a contingency fee, because this means that your attorney will have ‘skin in the game’. This means that your attorney will dedicate all their skills and efforts to make sure they win you the case, because their payment is dependent on you winning. If an attorney works off an hourly fee, then they might not be completely dedicated to your case.
At Schenk Smith we are completely dedicated towards helping elderly residents who have suffered from nursing home abuse or neglect. We do not represent any other type of client, nor do we practice any other form of law. We are completely dedicated in helping residents recoup what’s rightfully theirs.
Our passion stems from our founding attorney Will Smith. Before becoming an attorney, Will Smith was a Marine, as well as a CNA in nursing homes around Georgia for nearly a decade. His passion resonates throughout our firm, which is why we are completely dedicated towards representing our clients, and making sure they get the results they want.
When you take a look at our site, you will encounter over 200 videos, plenty of podcast episodes, and countless of blog articles, which are all dedicated to helping elderly residents take on nursing homes. Once you’ve had the chance to check out all of our resources, 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 William Breman Jewish Heritage Museum, the High Falls State Park, or the Indian Springs State Park, we’ve got you.
McDonough, Georgia is located in Henry County and has a population of 22,084. Of those residents, 12% are aged 65 and older. Like in other nursing homes around the state of Georgia, neglect and abuse occur frequently.
There are different types of abuse that take place in nursing homes such as:
Physical abuse is the type of abuse that occurs most frequently. The signs of physical abuse usually are bleeding, bruising, cuts, or welts. Bedsheets that are bloody, torn, or worn out may also be possible signs of nursing home abuse. Physical abuse can stem from either a staff member or another resident. Psychological and sexual abuse on the other hand are a little bit more difficult to observe. Usually when a resident grows more distant emotionally, and withdraws themselves, this may be due to some form of psychological or sexual abuse.
Financial abuse is rarer, but still occurs. An unexplained loss of personal belongings can be a sign of financial abuse, especially if your loved one’s personal belongings are repeatedly missing.
Bedsores which are often called pressure ulcers or decubitus ulcers, are an injury that results from the breakdown of skin and tissue due to prolonged pressure to the skin. Bedsores usually happen to nursing home residents that are confined to wheelchairs, bedridden, or otherwise immobile. Whether bedsores are a sign of neglect, will depend on a couple of factors.
Liability for bedsores is generally easy to determine. Bedsores are almost always preventable with appropriate care and observation. Nursing homes are required to assess the risk of bedsores and take precautions to prevent development, which includes repositioning, utilizing specialized mattresses, or appropriate handling of residents when transitioning or moving. If the nursing home fails to follow all these proper steps, then the nursing home may be responsible for negligence, and may be held liable for any injuries that may stem from the bedsore.
The nursing home is usually responsible for nursing home abuse cases. When nursing home abuse occurs from a staff member, then the staff member may face fines as well as potential jail time. The nursing home will also face potential fines and may be held liable for the nursing home abuse.
When the abuse stems from a nursing home staff member, it is usually the result of the nursing home failing to hire enough staff, or failing to hire the right staff. Elderly residents require a specific amount of care and a large amount of patience. When a staff member fails to exude patience, then their frustrations may get the best of them which sometimes leads to some form of abuse whether it is physical or verbal.
If the abuse stems from resident-to-resident, then the nursing home may still be held liable. Nursing homes are required to conduct assessments, in order to see which residents are prone to violence. Failure to do so may result in violence, which the nursing home will be held responsible for.
If your loved one has been injured, abused, or has passed away at a McDonough, Georgia nursing home, then we highly advise you to act immediately, in order to protect your loved one’s rights.
Georgia Department of Community Health
The Healthcare Facility Regulation is a division of The Georgia Department of Community Health, which investigates cases of nursing home neglect and abuse. The Healthcare Facility Regulation 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
Another option to take is through the Georgia Office of the Long-Term Care Ombudsman. The Ombudsman is a group of individuals who are dedicated towards resolving cases of nursing home neglect and abuse. This same group is also authorized by 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:
1743 Hardin Ave
College Park, GA 30337
Telephone: (678) 378-2934
Fax: (404) 768-8512
If your loved one has been injured due to an assault at their nursing home, then you need to file a police report as soon as possible. Depending on the severity of the crime, criminal charges may be brought against the perpetrator by the District Attorney’s Office: Flint Judicial District.
Police Department of McDonough, Georgia
50 Lawrenceville St
McDonough, GA 30253
Telephone: (770) 957-1218
Henry County Sheriff’s Office
120 Henry Pkwy
McDonough, GA 30253
Telephone: (770) 228-7100
Henry County District Attorney’s Office
Courthouse Sq, 2nd Floor, W Tower
McDonough, GA 30253
Telephone: (770) 288-6400
If your loved one has suffered from nursing home abuse or neglect, then it is in your best interest to find a better suited facility. When you begin to search for a better facility, it is important to conduct walkthroughs at the potential locations. During these walkthroughs, it is imperative to ask as many questions as possible in order to get a feel for the facility and the nursing home staff as well. Another tool to use during your search is the Nursing Home Compare website which compiles data on every nursing home in the country while giving each a rating. These ratings are based off various factors including, inspection scores, quality, and nurse-to-resident ratios.
For your convenience, a list of all nursing homes located in McDonough, Georgia is located below, along with their contact information and inspection scores.
If your loved one has been injured due to nursing home neglect or abuse, then you need to obtain their medical records immediately. The reason this needs to be done quickly, is because nursing homes will stop at nothing to place the blame on your loved one rather than accepting responsibility. For example, if your loved one suffers a broken hand due to a slip and fall over a wet surface, the nursing home will try to claim that their hand was already broken before the fall, even if all the evidence indicates that is not the case.
To protect your loved one’s rights, you need to obtain their medical records, because these records will show who the primary physician was, as well as information on the hospital visit. It is also important to obtain the nursing home’s medical records, because those will sometimes show signs of neglect or abuse.
Due to State and Federal privacy laws, third-parties will be unable to obtain their loved one’s medical records without the proper written authorization. The proper written authorization will usually come in the form of a power of attorney, a healthcare directive, or guardianship paperwork.
If your loved one has been injured at a McDonough nursing home, then chances are their medical records will be located at one of the hospitals listed below. Once you’ve obtained the proper written authorization, your next step will need to be to make a request to the Release of Information Department of the hospital.
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 the Estate. For example, the plaintiff goes from being “John Doe” to “The Estate of John Doe”. But before the lawsuit can be filed, the Estate will first need to be established. Which 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 same situation, then it is important that you setup the Estate immediately. In doing so, you will need to appoint a personal representative, who is often called an Administrator or an Executor. This representative will then act on behalf of the Estate, and will make all the decisions with regards to the lawsuit.
Henry County Probate Court
99 Sims St
McDonough, GA 30253
Each nursing home has its own pros and cons, making each of them different. Below is the nursing home located in McDonough, Georgia, along with relevant information about it. This information is taken from CMS’ Nursing Home Compare Website.
|Westbury Mcdonough, LLC|
198 Hampton Street
|Overall Rating: 5 out of 5 (Much Above Average)|
Number of Beds: 210
Number of Residents: 142.7
RN hours per resident per day: 15min (GA Avg: 24 min)
|Health Inspections Rating: 4 out of 5 (Above Average)|
Staff Rating: 3 out of 5 (Average)
Quality Measure Rating: 5 out of 5 (Much Above Average)
Most Recent Health Inspection Date: 04-06-2017
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
When you begin your search for an attorney you will come across plenty of options. Even though you have many to choose from, we would like for you to consider us as the top choice to represent you and your loved one. Here are a couple reasons why we think we’d be the best choice:
If your loved one was injured or died in a McDonough, 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.