If your loved one has suffered from some form of nursing home abuse or neglect in a Valdosta nursing home, know that they are not alone because unfortunately neglect and abuse occur in many Georgia nursing homes. This is why at Schenk Smith we have dedicated all of our efforts and resources to assist elderly residents who have suffered from nursing home abuse or neglect. After you’ve has the chance to visit 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 even though they are different. Neglect is usually an unintentional act caused from a nursing home staff member that results in a resident being injured. Abuse on the other hand is an intentional act committed by either a nursing home staff member or a resident, with the intent to harm. Regardless if it’s neglect or abuse, neither should ever be condoned in any nursing home.
If you or your loved one has suffered from neglect or abuse at a Valdosta nursing home, then it is within your right or your loved one’s right to pursue a lawsuit. Georgia law requires nursing home to provide a reasonable standard of care, which means that neglect and abuse should never occur. When they do occur, then the nursing home may be held liable, which means you or your loved one will have the right to pursue a lawsuit.
The first thing you should is contact an attorney to see what your legal options are. Your attorney will conduct an investigation in order to see the strength and validity of your claim. The next step will then be to create a demand package which will contain all the evidence and documents for your claim, that will in essence show the nursing home and their attorneys the strength of your claim. Your claim will also contain a specific amount, which if met, means that you will promise to no longer pursue the suit.
Remember if you feel you or your loved one have been wronged by a Valdosta nursing home, then it is best to seek a legal opinion, so that you can be prepared to file a lawsuit.
The Healthcare Facility Regulation, which is a division of the Georgia Department of Community Health, regulates and oversees nursing homes in Georgia. They license, oversee, and inspect Georgia’s healthcare facilities.
Within the Healthcare Facility Regulation is the Office of Facility Licensure, which is responsible for licensing, certifying, and overseeing over 15,000 healthcare facilities, including nursing homes. This office conducts investigations, receives complaints, and performs surveys.
The Healthcare Facility Regulation also provides access to a complete record of state laws and regulations for nursing homes, plus other health care facilities. Their comprehensive list of licensed nursing homes in Georgia, also makes it easier for people to find a suitable nursing home.
At Schenk Smith we solely practice nursing home law. We do not represent any other type of client other than elderly residents who have suffered from nursing home abuse and neglect. We are not interested in practicing any other form of law or representing any other type of client.
Our passion for solely helping elderly residents who have suffered in nursing homes, stems from our founding attorney Will Smith. Besides being a Marine, Will Smith was also a CNA for nearly a decade before becoming an attorney. His passion and disciplined is instilled throughout our entire firm which is why we are dedicated towards helping elderly residents.
When you visit our site, you will come across 200 videos, plenty of podcast episodes, and countless blog articles which are all dedicated towards helping elderly residents and their loved ones who are in pursuit of a lawsuit against a Georgia nursing home. After you’ve had the chance to check out all of our online tools, 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 by. Whether you’re by Cherry Lake, the Bay Wildlife Management Area, or the Lowndes County Historical Society and Museum, we’ve got you.
Valdosta, Georgia is located in Lowndes County, and has a population of 56,717 residents. Of those residents, 10.80% are aged 65 and older. Like in other nursing homes around the state of Georgia, neglect and abuse occur frequently.
The most common forms of abuse that occur in nursing homes is physical and emotional abuse. Physical abuse is usually seen in the form of:
When a nursing home resident is suffering from any of these, then chances are they may have suffered from some form of nursing home abuse. Emotional abuse takes place often, which usually includes verbal abuse, intentional humiliation, ignoring elders, isolation, and threatening or terrorizing behavior. It may not be immediately obvious, but emotional abuse can lead to mental anguish and suffering, which can have dire effects on a resident’s health.
Residents who become hesitant to do simple things such as drink, eat or interact with others may be suffering from some form of emotional abuse. Signs such as these need to be noticed early on, in order to try and stop the abuse from continually occurring which can lead to terrible consequences down the road.
There are various nursing home injuries that occur frequently. These injuries usually are:
Cuts, bruises and bleeding can occur from either neglect or abuse. These usually occur when a nursing home staff member fails to provide a resident a reasonable standard of care which results in either them injuring the resident, or the resident taking matters into their own hands and injuring themselves.
Bedsores, which are also known as pressure ulcers, are very common in nursing homes. Elderly residents who struggle being mobile, are usually more prone to having bedsores then other residents. This usually occurs from nursing home staff members being completely negligent. It happens when either a nursing home fails to hire the right staff, or fails to hire enough staff, which results in less supervision. With less supervision, immobilized residents will be left in certain positions that can ultimately lead to bedsores.
It is difficult to understand why a nursing home staff member will abuse an elderly resident. Elderly residents require a unique type of care which usually entails a ton of patience. At times nursing homes hire staff members who are inadequate. This means that they usually lack the skills and patience needed to take care of elderly residents which can lead to some form of abuse.
Another type of abuse is resident-to-resident abuse. Every nursing home is supposed to conduct an assessment on each one of their residents so that they can see which residents are prone to violence. When they’ve identified which residents are prone to violence, they are able to implement safety measures that will protect that resident as well as the others. Failure to conduct these assessments will leave residents vulnerable to possible attacks from those that are violent.
If your loved one has been injured, abused, or has passed away at a Valdosta, Georgia nursing home, then we highly advise you to act immediately, in order to protect their rights.
Georgia Department of Community Health
The Healthcare Facility Regulation division, which is part of the Georgia Department of Community Health, investigates cases of nursing home neglect and abuse against elderly residents. 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
The Georgia Office of the Long-Term Care Ombudsman is another option. The Ombudsman group consists of individuals who are dedicated towards resolving cases of nursing home abuse and neglect. The Ombudsman are also authorized by Georgia law to enter nursing homes and ask questions so that they can 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:
Southern Region – Georgia Long-Term Care Ombudsman Program
335 W. Society Ave.
Albany, GA 31701
Telephone: (229) 432-1124
Fax: (229) 446-7899
If your loved one has been injured due to an assault from a nursing home staff member or another resident, 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: South Georgia Judicial District.
For abuse occurring in a Valdosta, Georgia nursing home, report the crime to the Police Department of Valdosta, Georgia or the Lowndes County Sheriff.
Police Department of Valdosta, Georgia
500 N Toombs St
Valdosta, GA 31601
Telephone: (229) 242-2606
Lowndes County Sheriff’s Office
120 Prison-Farm Rd
Valdosta, GA 31601
Telephone: (229) 671-2900
Lowndes County District Attorney’s Office
327 N. Ashley St
Valdosta, GA 31601
Telephone: (229) 671-3268
If your loved one is suffering from nursing home neglect or abuse, then it is in your best interest to seek an alternative for them. When you begin your search and identify possible suitors, it is important to conduct walkthroughs. 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 as well. Another tool you should use is the Nursing Home Compare website which is operated by The Centers for Medicare and Medicaid Services (CMS). This site provides ratings for every nursing home in the county that receives federal funding. These ratings are based off of 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 Valdosta, Georgia is located below, along with their contact information and inspection scores.
If your loved one has been injured at a Valdosta nursing home, it is important that you obtain their medical records immediately, because nursing homes will usually stop at nothing to place the blame on your loved one. For example, if your loved one breaks a bone due to a slip and fall over a slippery surface, the nursing home will most likely claim that the bone was already broken before the fall, even if records indicate that wasn’t so.
To help protect your loved one’s rights, you’ll need to obtain their medical records because they will show who the primary physician was, plus they’ll contain information on their 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 need to have the proper written authorization form in order to access those medical records. These forms 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 Valdosta nursing home, then chances are their medical records will be located at the hospital listed below. Once you’ve obtained the proper written authorization form, your next step should be to make a request to the Release of Information Department of the hospital.
Your loved one’s right to pursue a lawsuit doesn’t go away if they’ve passed away. A deceased person’s right to pursue a lawsuit is handed over to the Estate. For example, the plaintiff will go from being “John Smith” to “The Estate of John Smith”. But before the lawsuit can be pursued, the Estate will first need to be established. Which means that 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 predicament, then it is important that you setup the Estate immediately. When doing so, you will need to appoint a personal representative, who is often referred to as an Executor or an Administrator. This personal 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 Lowndes County.
Lowndes County Probate Court
327 N. Ashley St
Valdosta, GA 31601
Each nursing home has their own pros and cons, making each one of them different from the other. Below are the nursing homes located in Valdosta, Georgia, along with pertinent information on each one. This information is taken from CMS’ Nursing Home Compare Website.
| Pruitthealth – Crestwood 415 Pendleton Place | Overall Rating: 2 out of 5 (Below Average) Number of Beds: 79 Number of Residents: 67.1 RN hours per resident per day: 27min (GA Avg: 24 min) |
| Health Inspections Rating: 2 out of 5 (Below Average) Staff Rating: 3 out of 5 (Average) Quality Measure Rating: 2 out of 5 (Below Average) Most Recent Health Inspection Date: 03-02-2017 Number of Health Citations: 4 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting citation: 7 Federal fines in previous 3 years: 2 ($1,066 fine on 03-02-2017; $9,750 fine on 03-02-2017) | |
| Pruitthealth – Holly Hill 413 Pendleton Place | Overall Rating: 3 out of 5 (Average) Number of Beds: 100 Number of Residents: 84.1 RN hours per resident per day: 51min (GA Avg: 24 min) |
| Health Inspections Rating: 3 out of 5 (Average) Staff Rating: 3 out of 5 (Average) Quality Measure Rating: 2 out of 5 (Below Average) Most Recent Health Inspection Date: 06-29-2017 Number of Health Citations: 4 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 | |
| Pruitthealth – Valdosta 2501 North Ashley Street | Overall Rating: 2 out of 5 (Below Average) Number of Beds: 98 Number of Residents: 83.2 RN hours per resident per day: 27min (GA Avg: 24 min) |
| Health Inspections Rating: 2 out of 5 (Below Average) Staff Rating: 3 out of 5 (Average) Quality Measure Rating: 4 out of 5 (Above Average) Most Recent Health Inspection Date: 10-26-2017 Number of Health Citations: 4 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 | |
| Pruitthealth – Lakehaven 410 East Northside Drive | Overall Rating: 3 out of 5 (Average) Number of Beds: 90 Number of Residents: 79.3 RN hours per resident per day: 35min (GA Avg: 24 min) |
| Health Inspections Rating: 3 out of 5 (Average) Staff Rating: 2 out of 5 (Below Average) Quality Measure Rating: 4 out of 5 (Above Average) Most Recent Health Inspection Date: 05-11-2017 Number of Health Citations: 2 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 conduct your search for an attorney, you will encounter plenty of options to choose from. Even though you have plenty of options, we would like for you to consider us as the top choice to represent you and your loved ones. Here are a couple reasons why we think we are the best fit for you:
If your loved one was injured or died in a Valdosta, 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.
