It’s hard to believe that nursing homes could be capable of neglect and abuse. But quality of care can be seriously affected when facilities are understaffed or employees lack adequate training. We created this website as a resource for those with loved ones who have been injured due to abuse or neglect in a long-term care facility. Feel free to give us a call to talk over the details of your loved one’s situation.
If a nurse or staff member has injured your loved one, they are guilty of nursing home abuse or neglect. Abuse occurs when someone harms a resident on purpose, either emotionally, physically, financially, emotionally, or sexually. Neglect, on the other hand, is unintentional. It occurs when someone fails to act in a way that would prevent harm to a resident. There is no excuse for either abuse or neglect in a long-term care environment.
When should I file suit against the nursing home?
If you know that your loved one has been abused and neglected, it may be time to file a lawsuit, particularly if the facility is denying that such mistreatment occurred. The legal process begins when the resident’s lawyer prepares a demand package, which explains the charges and includes any relevant documentation and evidence relevant to the claim. This package includes complete medical records, expert testimony, and witness statements, as well as the amount of money the client is requesting for damages.
Once the facility reviews the package and investigates the claim, they assess whether it would be better for them financially to settle rather than to go to court. If the value of the potential lawsuit is less than the amount demanded, both sides will likely try to reach a settlement. If not, the case will proceed to court.
Who oversees nursing homes in Georgia?
Nursing homes in Georgia are overseen by Healthcare Facility Regulation (HFR), a division of the Georgia Department of Community Health. This body is responsible for licensing, regulating, and inspecting more than 15,000 health care facilities in the state. They investigate complaints and survey facilities, including nursing homes, to assess their performance.
HFR also compiles and updates a database of licensed nursing homes in Georgia. This database houses detailed information on each facility, including inspection reports. It also contains documentation such as state laws and regulations for nursing homes. You can review these forms to see if the nursing home where your loved one lives is operating in accordance with the law.
We are Schenk Smith, your Newnan nursing home lawyers.
If you’re visiting our website, you are likely concerned that someone you love has been mistreated in a long-term care facility. When you browse our videos, testimonials, and blog posts, you’ll see that the only topic we cover is nursing home abuse and neglect. Focusing on one area rather than many lets us be as knowledgeable as possible about long-term care abuse and neglect law.
We’re driven by the mission to protect nursing home residents—a mission that stemmed from founding member Schenk Firm’s experience working in nursing homes throughout Georgia prior to becoming a lawyer. Our clients know that our passion for protecting their loved ones is authentic.
Browse our website to discover video FAQs on topics ranging from UTIs to resident-on-resident abuse, our video podcast, and our blog. Give us a call at any time or a free consultation. Whether you live near the Newnan Country Club, up the street from Canongate on White Oak, or near Caswell House, we’ve got you covered.
Nursing Home Abuse & Neglect in Newnan, Georgia – What you need to know.
Newnan, Georgia is located in Coweta County and has a population of 35,642 residents. Of those, 10.2% are aged 65 and older. Unfortunately, in Newnan as well as other places in Georgia, neglect and abuse are not uncommon.
What are some of the symptoms of nursing home abuse?
Physical and/or behavioral changes may be signs that your loved one has been neglected or abused. Be on the lookout for any of the following symptoms.
Physical Changes. Routine cuts and scrapes are not usually cause for concern, but more serious or repeated injuries may be a sign that something is wrong. You should investigate if you detect
- Unexplained cuts, bruises, welts, or burns.
- Stained or bloody bedding or clothing.
- Significant changes in weight.
- An disheveled appearance that is unusual for the resident.
Behavioral changes. Dramatic changes in the personality or behavior of your loved one may be a sign that they are experiencing abuse. Be aware of:
- Uncharacteristic outbursts of emotion.
- Reluctance to interact socially.
- Wariness of facility staff.
- Lack of interest in daily activities.
- Any other behavior that is unusual for your loved one.
What are the causes of nursing home abuse?
Working in a nursing home can be extremely difficult emotionally, physically, and mentally. It can take a toll the people who work there, leading to high turnover. Because this work is known to be low-paying yet highly challenging, it does not always attract the best candidates. Unfortunately, some employees in these facilities will lash out due to the stress, harming residents by hitting or yelling at them, to name just two kinds of abuse.
Staff may be stretched thin and take shortcuts in their work. This may happen after a long time on the job, or relatively quickly when a facility is short-staffed and individuals are forced to work overtime or take on more than their share of work. There is never an excuse for nursing home abuse. But as founding member Schenk Firm has seen in his own experience as a nursing home CNA, even good people may become abusive when working under strain.
Staff must be trained to handle their own stress and learn not to react aggressively when residents act out. They must learn how to diffuse anger rather than fight back. Residents who are in pain or suffering from disorders such as dementia may not always be in control of their actions. Staff must learn to control impulses to retaliate if a resident hits or pinches them.
The owners of nursing homes bear ultimate responsibility in cases of abuse. Nursing homes look for ways to cut costs just like any other for-profit business, and taking shortcuts in hiring procedures and staff oversight may be identified as a way to save. Facilities desperate to hire staff to keep up with high occupancy rates must not forgo thorough background checks or fail to train staff sufficiently.
My loved one was hurt in a Newnan nursing home – What do I do next?
If your loved one was severely injured or passed away at a Newnan, Georgia nursing home, then we recommend that you act as soon as possible to protect your loved one’s rights.
First, report the incident to the appropriate Georgia authorities
Georgia Department of Community Health
The Georgia Department of Community Health’s Healthcare Facility Regulation investigates nursing homes for neglect and abuse. Their offices also regulate and certify nursing homes in 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
You may also choose to lodge a complaint with the Georgia Office of the Long-Term Care Ombudsmen. Ombudsmen advocate for residents of nursing homes. They are authorized and trained to visit nursing homes to help mediate conflicts between nursing homes and residents.
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 Avenue
College Park, Georgia 30337-2059
Telephone: (678) 378-2934
Fax: (404) 768-8512
You may also report physical assault or abuse to local law enforcement
If your loved one was injured at a nursing home, you may to file a police report. Criminal charges may then be levied against the facility by the Coweta Judicial District Attorney’s Office.
For abuse occurring in a Newnan, Georgia nursing home, report the crime to the City of Newnan Police Department or to the Coweta County Sheriff’s Department.
City of Newnan Police Department
1 Joseph-Hannah Boulevard
Newnan, GA 30263
Telephone: (770) 254-2355
Coweta County Sheriff’s Department
560 Greison Trial
Newnan, GA 30263
Telephone: (770) 253-1502
Coweta Judicial District Attorney’s Office
72 Greenville Street
Newnan, Georgia 30263
Telephone: (770) 254-7300
Find another facility for your loved one.
If someone you love has suffered neglect or abuse in a long-term care facility, you may wish to relocate them to a facility with better care. Locating a nursing home that is within a reasonable distance, well-staffed, and accepts Medicare or Medicaid can be challenging. The Centers for Medicare and Medicaid Services (CMS) have created a website to help you find the best nursing homes in your area. Every federally funded nursing home in the country is scored on a five-star scale on criteria such as quality, nurse-to-resident ratio, and inspection scores.
Click here to go to the Nursing Home Compare Website.
When you’ve selected a few nursing homes that seem promising, schedule a visit to take a tour and talk to residents and staff. Ask lots of questions about every aspect of the facility—including safety. If staff seem reluctant to speak with you, this may be a red flag.
For your convenience, a list of all nursing homes located within Newnan, Georgia is located below, along with their contact information and inspection scores.
Get the medical records from the hospital and the nursing home.
To file a lawsuit in a case of nursing home abuse, you will likely have to procure the resident’s complete medical records. To determine whether the long-term facility is at fault for your loved one’s injury, you’ll need detailed information on their medical diagnosis and treatment. However, since medical records are protected under patient privacy law, you will have to receive authorization through a healthcare directive, guardianship or conservatorship, or durable or general power of attorney.
If your loved was harmed at a nursing home in Newnan, Georgia, they were probably taken to a nearby hospital. The contact details for the hospital medical records request departments in Newnan-area hospitals appear below.
Piedmont Newnan Hospital, (770) 400-1000
Southeastern Regional Medical Center, (678) 723-1831
HealthSouth Rehabilitation Hospital of Newnan, (678) 552-6200
Begin the probate process if your loved one has passed away.
Handling the affairs of a deceased loved can add stress to an already emotionally difficult time. The person is in charge of the individual’s estate will have to work through the probate court to settle their affairs or, if necessary, file a lawsuit.
If your loved one left a will, it will usually designate a person be in charge of the estate and the probate proceedings. If not, any individual—usually a close relative—can petition the court to represent the estate. Once granted permission by the court, the appointed person may bring a lawsuit against the long-term care facility and handle any other legal matters on the person’s behalf.
If you are the individual who will be executor of the estate, you’ll need to contact the probate court in the county where your loved one resided when they passed away.
Click here to begin the process with the Probate Court of Coweta County.
Newnan Nursing Home Abuse Lawyer Near Me (678) 823-7678
Nursing Homes in Newnan, Georgia
The quality of care at different nursing homes can vary considerably. Here is a list of the nursing homes in Newnan, Georgia, along with pertinent details for each. This information is taken from CMS’ Nursing Home Compare Website.
| Avalon Health and Rehabilitation
120 Spring Street Newnan, GA 30263 |
Overall Rating: 3 out of 5 (Average)
Number of Beds: 90 Number of Residents: 78 RN hours per resident per day: 20min (GA Avg: 34min) |
| Health Inspection Rating: 2 out of 5 (Below Average)
Staff Rating: 2 out of 5 (Below Average) Quality Measure Rating: 5 out of 5 (Much Above Average) Most Recent Health Inspection Date: 04-06-2017 Number of Health Citations: 5 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 |
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| Newnan Health and Rehabilitation
244 East Broad Street Newnan, GA 30263 |
Overall Rating: 1 out of 5 (Much Below Average)
Number of Beds: 143 Number of Residents: 88 RN hours per resident per day: 26min (GA Avg: 34min) |
| Health Inspection Rating: 1 out of 5 (Much Below Average)
Staff Rating: 3 out of 5 (Average) Quality Measure Rating: 3 out of 5 (Average) Most Recent Health Inspection Date: 06-02-2017 Number of Health Citations: 6 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting in citation: 3 Federal fines in previous 3 years: 1 ($87,370 on 06-02-2017) |
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| Ansley Park Health and Rehabilitation
450 Newnan Lakes Blvd Newnan, GA 30263 |
Overall Rating: 4 out of 5 (Above Average)
Number of Beds: 66 Number of Residents: 58 RN hours per resident per day: 36min (GA Avg: 34min) |
| Health Inspection Rating: 4 out of 5 (Above Average)
Staff Rating: 3 out of 5 (Average) Quality Measure Rating: 3 out of 5 (Average) Most Recent Health Inspection Date: 08-19-2017 Number of Health Citations: 1 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 |
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Why Choose Schenk Smith as your Nursing Home Lawyers?
There are many lawyers out there. What makes us different?
- We Know Nursing Home Law: Prior to becoming a lawyer, Schenk Firm founded the firm after working as a CNA in Georgia nursing homes for many years. Therefore, he has personal insight into the long-term care environment that is not found in other firms. We focus exclusively on cases of nursing home neglect and abuse, so you know we will bring exceptional knowledge and experience to your case.
- Influencers: We’re not just attorneys—we’re advocates and educators as well. Our Nursing Home Abuse video podcast covers current issues related to long term care. For this work, we have been designated as “Rising Stars” by the Super Lawyers legal recognition program.
- Client Satisfaction. Our clients know that we’ll never stop fighting for us. This is why our Google reviews are the best of any law firm focusing on nursing home abuse and neglect in Georgia. Check out our client reviews to read for yourself what makes us different.
If your loved one was injured or died in a Newnan, 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.
