If your loved one is suffering from neglect or abuse at a Thomaston nursing home, know that they are not alone. Neglect and abuse occur quite often in nursing homes across Georgia. This is why at Schenk Smith we have dedicated all of our efforts and online resources to helping elderly residents and their loved ones who are fighting back against nursing homes that have committed 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.
Both neglect and abuse occur often, yet they’re both different. Neglect is usually an unintentional act that results in the resident being injured. If a staff member fails to monitor an immobilized resident, and that resident ends up developing a bedsore, then the nursing home will have committed an act of neglect. Abuse on the other hand is an intentional act done with the intent to harm. When a staff member strikes a resident due to frustration, that member has committed an act of abuse. Neither neglect or abuse should ever happen in a nursing home.
Why file suit against a nursing home?
If a nursing home has committed an act of neglect or abuse against your loved one, then it is important to seek what your legal options are. Unless some form of legal action is taken, such as filing a lawsuit, the nursing home will continue to commit acts of neglect or abuse. Sometimes filing a lawsuit is the only way to stop a nursing home in its tracks from continuing its malpractice.
Under Georgia law, nursing homes are required to provide a reasonable standard of care, which means residents should be free from any neglect or abuse. When a nursing home fails to hire enough staff, or fails to hire the right staff, then chances are acts of neglect will occur that will ultimately leave residents injured. If your loved one has gone through this scenario, then it is within their legal right to seek a lawsuit. The same applies to abuse. Whether the abuse comes from a staff member or a resident, the nursing home may be held liable, which means the resident who is abused has the right to pursue legal action.
What is the average amount of time that nursing home cases take?
The average time that nursing home cases take is usually between 18 months and 2 years. This time frame is usually if the case goes to trial. Before a case goes to trial, your attorney will first create a demand package around your claim. That package will contain evidence and documents related to the case that will ultimately show the strength of the case, plus it’ll contain a specific amount for the promise to not pursue the lawsuit.
The nursing home and their attorneys will then conduct their own investigation, and will usually counter with a much smaller amount then the one originally requested. When this happens, both parties will then enter into negotiations in order to reach a settlement. If a settlement is reached during this time, then your case will not go to trial. But if a settlement cannot be reached, then your case will go to trial, but the chance for settlement still remains even during trial.
We are Schenk Smith, your Thomaston nursing home lawyers.
We are very dedicated in helping elderly residents and their loved ones fight back against nursing homes that committed acts of neglect and abuse. We do not represent any other type of clients, nor do we practice any other form of law. We are not interested in representing other clients, we strictly focus on nursing home clients.
Our passion comes from our founding attorney Schenk Firm. Before becoming an attorney, Schenk Firm served as an attorney, and as a CNA in nursing homes for nearly a decade. His discipline and passion for helping nursing home residents, resonates throughout our firm, which is why we are so passionate about helping the elderly.
When you visit our site, you will come across plenty of videos, podcast episodes, and blog articles, which are all dedicated to nursing home law. Once 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 where you live. Whether you’re by the Franklin D. Roosevelt State Park, the Columbus Museum, or the Columbus Civil War Naval Center, we’ve got you.
Nursing Home Abuse & Neglect in Thomaston, Georgia – What you need to know.
Thomaston, Georgia is located in Upson County, and has a population of 8,976 residents. Of those residents, 18.20% are aged 65 and older. Like in other nursing homes around the state of Georgia, neglect and abuse occur frequently.
If I report neglect will the nursing home retaliate?
We are often asked this same question. In fact, a family’s concern about revenge against their loved one is the number one reason why abuse goes unreported. Neglect and abuse will continue to take place, until it is reported.
This is why it is necessary to retain a nursing home neglect lawyer to help you out with this type of situation. The attorney you retain will accomplish three things which are:
- Watch
- Investigate
- Report
Your attorney will be conducting an investigation, which will make it much harder for a nursing home to retaliate or continue their abuse or neglect. If you suspect your loved one is suffering, it is in your best interest to contact an attorney immediately in order to stop the neglect or abuse.
What is sepsis and how is it caused?
Sepsis is a complication of an infection that has become life-threatening. Any infection can become life-threatening, but sepsis most commonly stems from:
- Pneumonia
- Abdominal Infection
- Kidney Infection
- Bloodstream Infection
A resident with sepsis will usually suffer from fever, a confused mental state, and breathing difficulties. They also may exhibit low blood pressure and a fast heart rate. Sepsis should and needs to be treated as soon as possible, before it advances to severe sepsis or septic shock.
There are certain factors that increase the risk of a person developing sepsis, which are:
- Advanced Age
- Weakened/Compromised Immune System
- Pre-existing Illness
- Injury
- Infection
- Use of Indwelling Catheters and Similar Invasive Devices
Nursing homes need to provide a reasonable standard of care in order to prevent their residents from developing sepsis.
Have other people complained about this nursing home?
One of the best ways to find out if a nursing home has complaints is to first ask around the loved one’s of residents that were in a specific facility. Surveys are usually conducted by loved ones of residents that stayed at a nursing home. Which means that word of mouth is usually one of the best ways to find out valuable in-depth info on a specific nursing facility.
Another tool to use is The Georgia Department of Community Health. Within this department is the Healthcare Facility Regulation, which licenses, oversees, and inspects Georgia’s healthcare facilities. Within this division lies the Office of Facility Licensure, which is responsible for licensing, certifying, and overseeing over 15,000 healthcare facilities. The Healthcare Facility Regulation also has a comprehensive list of licensed nursing homes in Georgia, which shows valuable information about nursing homes such as inspection reports.
For a free legal consultation with a Nursing Home Abuse lawyer serving Thomaston, call
My loved one was hurt in a Thomaston nursing home – What do I do next?
If your loved one has been injured, abused, or has passed away at a Thomaston, 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
As we mentioned above, 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. They also regulate and certify 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 is another route one can take. The Ombudsman consists of 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, 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:
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 assaulted at a Thomaston nursing home and has suffered injuries, 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: Griffin Judicial District.
For abuse occurring in a Thomaston, Georgia nursing home, report the crime to the Police Department of Thomaston, Georgia or the Upson County Sheriff.
Police Department of Thomaston, Georgia
1100 Banesville St
Thomaston, GA 30286
Telephone: (706) 647-5455
Upson County Sheriff’s Office
235 Aviation Dr
Thomaston, GA 30286
Telephone: (706) 647-7411
Upson County District Attorney’s Office
One Center Dr
Fayetteville, GA 30214
Telephone: (770) 716-4250
Find another facility for your loved one.
If your loved one has suffered, or is currently suffering from nursing home neglect or abuse, then it is in your best interest to find a better suited facility. When you begin your search for a new facility, it is important to conduct walkthroughs, and during these walkthroughs, it is important to ask as many questions as possible in order to get a feel for the facility and the staff. Another tool to use 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, nurse-to-resident ratio, and inspection scores.
Click here to go to the Nursing Home Compare Website.
For your convenience, a list of all nursing homes located in Thomaston, 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 Thomaston nursing home, it is important to obtain their medical records immediately. Nursing homes will usually stop at nothing to place the blame of an injury on the resident rather than accepting responsibility. For example, if your loved one slips on a wet floor and breaks a bone, then chances are the nursing home will stop at nothing to place the blame on your loved one, even if the evidence shows that’s not the case.
In order to protect your loved one’s rights, you need to obtain their medical records, which will show valuable information on who the physician was, plus information on the hospital visit too. It is also important to obtain the medical records from the nursing home, because 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 Thomaston nursing home, then chances are their medical records will be located at the hospital listed below. After 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, their right to file a lawsuit is still valid. 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 “Jane Doe” to “The Estate of Jane Doe”. In order to file a lawsuit, the 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 in this situation, it’s important to setup an Estate immediately. In doing so, you will need to appoint a personal representative, who is often referred to as an Executor or Administrator. This representative 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 Upson County.
Upson County Probate Court
106 E Lee St, Ste. 210
Thomaston, GA 30286
Thomaston Nursing Home Abuse Lawyer Near Me (678) 823-7678
Nursing Homes in Thomaston, Georgia
Every nursing home is different, as each have their own pros and cons. Below is a list of the nursing homes located in Thomaston, Georgia, along with relevant information for each. This information is taken from CMS’ Nursing Home Compare Website.
| Riverside Health And Rehabilitation 101 Old Talbotton Rd | Overall Rating: 5 out of 5 (Much Above Average) Number of Beds: 73 Number of Residents: 67.3 RN hours per resident per day: 39min (GA Avg: 24 min) |
| Health Inspections Rating: 5 out of 5 (Much Above Average) Staff Rating: 4 out of 5 (Above Average) Quality Measure Rating: 5 out of 5 (Much Above Average) Most Recent Health Inspection Date: 09-28-2017 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 | |
| Providence Healthcare 1011 South Green Street | Overall Rating: 1 out of 5 (Much Below Average) Number of Beds: 110 Number of Residents: 88.8 RN hours per resident per day: 15min (GA Avg: 24 min) |
| Health Inspections Rating: 2 out of 5 (Below Average) Staff Rating: 1 out of 5 (Much Below Average) Quality Measure Rating: 3 out of 5 (Average) Most Recent Health Inspection Date: 05-25-2017 Number of Health Citations: 1 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting citation: 6 Federal fines in previous 3 years: 0 | |
| Harborview Health Systems Thomaston 310 Avenue F | Overall Rating: 3 out of 5 (Average) Number of Beds: 119 Number of Residents: 113.1 RN hours per resident per day: 23min (GA Avg: 24 min) |
| Health Inspections Rating: 3 out of 5 (Average) Staff Rating: 1 out of 5 (Much Below Average) Quality Measure Rating: 5 out of 5 (Much Above Average) Most Recent Health Inspection Date: 03-15-2018 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 | |
Why Choose Schenk Smith as your Nursing Home Lawyers?
When you begin searching for an attorney, you will come across a ton of options to choose from. Even though you have plenty of options, we would like for you to consider us as the best choice to represent you and your loved ones. Here are a couple reasons why we think we’d be a great fit for you:
- Dedicated: At Schenk Smith we don’t practice any other form of law, nor are we interested. We are dedicated to helping elderly residents only. Focusing on one area of law allows us to be more knowledgeable on any changes in law that may pertain to nursing home law. Our attorneys also attend and lead legal education seminars dedicated to nursing home law.
- Established: We are 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. This is just one of many reasons that our clients hold us in such high regards. Don’t take our word for it, check out our client testimonials and see for yourself why we would be the best fit to represent you.
- Results Driven: We offer free consultations to everyone, but we are very selective with the cases we choose to represent. But this means that we are ready and willing to see your case to trial. Our efforts have proven to be fruitful as we’ve had millions in verdicts and settlements in the past two years.
If your loved one was injured or died in a Thomaston, 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.