You have legal options if a loved one sustains injuries in a care facility. In this situation, a Smyrna nursing home abuse lawyer can help you secure fair compensation for a loved one’s pain, suffering, and medical expenses.
Our team at Schenk Nursing Home Abuse Law can assist your family throughout each step of the legal process. Our team has many years of combined experience handling these cases and wants to provide the support you deserve.
Find out more about how we can help by calling or completing our online contact form.
Why Hire a Nursing Home Abuse Lawyer in Smyrna, GA?
Hiring an attorney immediately after you notice the abuse of a loved one can ensure you get support, compassionate guidance, and help with any challenges you face. Working with a legal professional improves your chances of successfully resolving your claim.
Working with a lawyer can help you secure maximum compensation for your family’s financial losses. We can take charge and may bring you the funds you need to cover the following:
- Your loved one’s medical bills
- Your lost wages
- A loved one’s emotional distress, pain, and mental anguish
We can handle all legal matters, giving you more time to focus on caring for your injured or neglected family member. You can reach out now for a risk-free consultation to learn more about how we can help when we provide legal counsel.
Types of Nursing Home Abuse Cases We Handle
You can reach out to our team if your loved one experiences abuse in a care facility. Contact us for help from a:
- Smyrna Bedsores Lawyer: Victims of nursing home neglect may develop bedsores or pressure ulcers because they do not receive proper care and attention. Our law firm can build a claim if your loved one develops these injuries.
- Smyrna Nursing Home Bone Fractures Lawyer: You can take legal action if a loved one falls in an assisted living facility due to neglect or negligence and breaks a bone.
- Smyrna Nursing Home Falls Lawyer: Falls happen in care facilities when the staff fails to properly monitor residents or puts them in potentially dangerous situations. We’re here to assist in this situation.
- Smyrna Nursing Home Infections Lawyer: Elderly persons and other residents of nursing facilities may develop infections from bed sores and other improperly treated injuries. We can help you seek financial compensation for the treatment required for these infections.
- Smyrna Nursing Home Medication Error Lawyer: Care facility employees who administer the wrong medications to residents can cause catastrophic effects on their health and well-being. You can contact us for help in this situation.
- Smyrna Nursing Home Sepsis Lawyer: Sepsis is an extreme reaction to an infection that can sometimes have fatal consequences. You can rely on our team to help if neglect or abuse leaves your loved one with sepsis.
- Smyrna Nursing Home Urinary Tract Infection Lawyer: Residents in care facilities may develop urinary tract infections (UTIs) due to neglect and abuse by the staff. We take these infections seriously and may help you build a claim after a diagnosis.
Smyrna Nursing Home Abuse Lawyer Near Me (678) 823-7678
Reasons to Pick Our Firm for Your Claim
If you’ve come to our website, it is most likely because you already have concerns about a loved one in a long-term care facility. You likely have many questions about what is happening to the resident and what a lawsuit would entail.
We are a firm whose sole focus is handling cases of nursing home abuse and neglect. Personal injury attorney Rob Schenk handles every case in our firm, not a paralegal or office administrator.
We pride ourselves on being extremely accessible to our clients throughout the legal process. Reach out today for help from a nursing home abuse attorney in Smyrna, GA.
We Know Nursing Home Law
Attorney Rob Schenk has a unique passion for nursing home abuse that other firms simply can’t match. We focus exclusively on cases of nursing home neglect and abuse, so you know we will bring exceptional knowledge and experience to your case.
We’re Passionate About Education
We fight abuse and neglect cases in the courtroom and through education. Our podcast covers up-to-the-moment issues related to long-term care. The Super Lawyers legal recognition program has awarded us the “Rising Stars” designation.
We’re happy to share more information about our firm when you reach out.
We Stand Up for Our Clients
Our clients appreciate our personal approach and accessibility. Our client reviews demonstrate our commitment to personalized and caring service.
When you’re ready to know more, we can come to you for a free consultation anytime. Whether you live near the Smyrna Museum, the Concord Bridge, or the Fox Creek Golf Club, your concern for your loved one is our priority.
Take charge by hiring a nursing home abuse attorney in Smyrna today so we can explain the steps to take when seeking legal help for nursing home abuse in Georgia.
What to Do After Identifying Nursing Home Abuse
If your loved one was severely injured or passed away at a nursing home, then we recommend that you act as soon as possible to protect your loved one‘s rights.
Report the Abuse to the Authorities
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 online with the Georgia Department of Community Health, Healthcare Facility Regulation (HFRD). Your nursing home abuse lawyer in Smyrna can help you make a report.
Notify Law Enforcement of the Abuse
You may decide to file a police report if your loved one sustains injuries in a nursing home. The facility may have criminal charges brought against them if found guilty of abuse or neglect. The Cobb County District Attorney’s Office facilitates this process.
If you suspect abuse in a nursing home, report the crime to the City of Smyrna Police Department or the Cobb County Sheriff’s Department.
Move Your Loved One to a Different Facility
If you learn that a care facility has harmed your loved one, you’ll need to find a better option for them. Do some research to determine which nursing homes are close to you, which have good resident reviews, and which take Medicare and Medicaid.
Browse the website created by the US Centers for Medicaid Services (CMS), which ranks every federally funded facility in the United States on a five-star scale. Characteristics such as staff quality and inspection scores are ranked.
Collect Medical Records from the Nursing Home and Hospital
To provide proof that a facility was responsible for your loved one’s injuries, you will need to attain the proper authorization to acquire their complete medical records. This authorization may take the form of guardianship, power of attorney, or a healthcare directive.
You may need to obtain records from the nursing home and any other medical facilities the resident visited.
If your loved one was abused or neglected at a nursing home in Smyrna, Georgia, they likely received medical care at an area hospital. You can contact the medical records request department at the hospital to secure documentation.
Begin the Probate Process
When a wrongful death occurs in a nursing home, someone else, usually a close relative, must handle the resident’s legal affairs. This representative can petition the county probate court to create an estate for legal matters. Generally, the estate must be authorized before you can proceed with a lawsuit.
If you are the executor or administrator of the estate of someone who has passed away, you will handle all decisions regarding a lawsuit for wrongful injury or death.
These legal claims can help you secure damages for funeral expenses and other losses. A Smyrna nursing home abuse lawyer can provide more information.
What You Need to Know About Nursing Home Abuse
Smyrna, Georgia, is located in Cobb County and has 54,788 residents. Of those, 8.4% are 65 and older. Regrettably, nursing home abuse and neglect occur frequently in Smyrna, as in other parts of the state.
What Are the Signs of Nursing Home Abuse?
Most of us can sense when something is wrong with our loved ones. Unlike neglect, which can be hard to detect, signs of abuse are generally easy to spot. Behavioral and physical changes may be evidence that your loved one experienced abuse.
Changes in behavior. Is your loved one typically gregarious and warm but is now acting shy or irritable? Signs that they may have suffered abuse include:
- Unusual lack of energy (possibly due to overmedication)
- Uncharacteristic moodiness
- Fear of staff members.
- Unusual lack of interest in socializing
- Any other behavior that is atypical for the individual
Physical changes. If your loved one has injuries they cannot explain, someone in the facility may have abused them. If you spot any of the following, you should suspect abuse:
- Dramatic and unusual weight loss or gain
- An unkempt appearance or poor hygiene
- Bloody or stained linens or clothes
- Mysterious injuries (bruises, welts, cuts, burns) that the resident doesn’t want to discuss
Increased Risks to Nursing Home Residents
Older people are more vulnerable than the general population and, thus, more easily injured. Some of the most common areas of concern are residents leaving the facility or “wandering,” falling, and contracting bedsores and infections.
With their cognitive function declining, residents may become confused about where they are and “wander” off the facility’s premises. Suddenly, they find themselves in an uncontrolled environment where they must grapple with changes in temperature and terrain, traffic, and other unfamiliar elements.
Wandering is common and extremely hazardous to residents. Nursing homes must make sure that residents do not leave the building unsupervised.
Fall Risks in Nursing Homes
Seniors fall easily. Nurses and staff must be extremely vigilant to prevent falls due to poor eyesight and low mobility. Residents should have supervision when walking, and the facility must keep mobility aids in good condition.
Patients at high risk of falling should have their beds positioned low to the floor with guide rails installed. Falling can be extremely dangerous for older adults, leading to head injuries, broken or fractured bones, or even death.
Which Injuries Are Most Common?
Bedsores are extremely common in long-term care facilities, especially among residents with limited mobility who remain in the same position for long periods. The Centers for Medicare and Medicaid Services mandates daily checks of residents’ skin conditions.
Although caregivers can usually prevent bedsores with adequate sanitation and body repositioning, up to ten percent of nursing home residents may have them at any given time.
Any unexplained injuries to your loved one should represent cause for concern. Injuries could indicate that your loved one receives a poor quality of care.
Can You Sue a Nursing Home for Neglect?
You may have the grounds for a lawsuit if your loved one suffers due to neglect. If negligence on the part of a nursing home causes serious injury or death, the legal system will hold the nursing home responsible under Georgia nursing home negligence law.
When you place your loved one in a long-term care facility, you trust that they will be safe. After a resident enters a facility, the care team should create a plan to address and care for their specific needs.
For example, residents who suffer from dizziness should receive extra supervision when walking, and those who fall easily should have their bed positioned low to the ground with bed rails.
Can You File a Wrongful Death Claim?
If the resident has passed away due to neglect, you can file a wrongful death lawsuit on their behalf. In the case of injury, you will likely need to receive authorization in the form of power of attorney or guardianship in order to take legal action for the resident.
Contact a personal injury lawyer with expertise in nursing home abuse to discuss your specific situation.
Who Oversees Nursing Homes?
Healthcare Facility Regulation (HFR), a division of the Georgia Department of Community Health, oversees nursing homes in Georgia. It is responsible for licensing, regulating, and inspecting more than 15,000 healthcare facilities in the state.
They investigate complaints and survey facilities, including nursing homes, to assess their performance. HFR also compiles a database of licensed nursing homes in Georgia, which it updates weekly.
The database includes detailed information on each facility, including inspection reports. You can also use the tool to access any state law or regulation for nursing homes to ensure that your loved one’s facility follows proper procedures.
We Understand the Severity of Nursing Home Abuse
Sadly, abuse and neglect in nursing homes, which can lead to injuries among residents, happen frequently. Facilities overly concerned with the bottom line often fail to hire quality staff and train them sufficiently to prevent this from happening.
If a nurse or staff member has failed to meet standards of care, they have perpetrated abuse or neglect against a nursing home resident. Abuse occurs when a resident faces harm intentionally. We can help with situations involving:
- Physical abuse
- Sexual abuse
Neglect, on the other hand, stems from negligence, such as when a staff member forgets to give a resident their medicine or when a resident slips and falls because they are unsupervised. We don’t tolerate abuse or neglect.
Talk to Us About Nursing Home Abuse in Smyrna, GA
If your loved one was injured or died in a nursing home, please call us for immediate assistance. You can rely on a Smyrna nursing home abuse lawyer to put your family first and assist with all your legal needs.
We’re standing by to help when you call or complete our online contact form.