Nursing Home/Assisted Living Negligence
Caring for the elderly requires continuous attention to physical, emotional and social well-being. When you place your loved one in the care of a nursing home or assisted living facility, you trust that the facility’s staff will diligently monitor nutritional, medical and psychological needs. Sadly, as a result of poorly trained and supervised staff, residents in many nursing homes and assisted living facilities suffer neglect and/or abuse. Like all medical negligence cases, those involving nursing home/assisted living facility negligence are highly complex in nature and replete with opportunities for negligent parties to avoid taking responsibility. We diligently discover the important facts, retain world-class expert witnesses and methodically prepare nursing home/assisted living facility cases for trial in a way that maximizes the opportunity for a verdict that provides justice for our client.
More about nursing home and assisted living negligence…
A person staying at a nursing home does so because he or she cannot take care of him or herself and needs the help of experienced and qualified doctors, nurses and other care professionals. Nursing home residents have legal rights, including the right to:
- be protected from physical and mental abuse
- not to be tied down or restrained unless absolutely necessary
- refuse treatment
- select their personal physicians
- confidentiality of their medical and personnel records and files
- receive a 30 day notice of discharge or transfer and the right to appeal against such decisions
Unfortunately, neglect and abuse of nursing home patients is rampant. Nursing home abuse can be both physical and mental and caused by:
- unqualified and poorly trained staff
- inadequate number of caregivers
- improper use of medical equipment
- violent history of caregivers
- isolation of nursing home residents
Assisted Living Facilities and Hospice
Some assisted living facilities, in an effort to keep patients in their facility who should actually be transferred to a nursing home or skilled nursing facility, enter into questionable business agreements with hospice care providers. The assisted living facility’s staff typically tells the family of the resident that the facility can provide virtually every level of care, but the care is actually outsourced to hospice nurses, who are rarely on site. Our firm saw first-hand the tragedy that can result from this type of inappropriate business relationship (designed only to maximize the revenue of the facility and the hospice corporation at the expense of patient care) when we represented an elderly woman who fell in an assisted living facility, broke her neck and was left untreated for days, before ultimately dying. The poorly trained staff at the facility assumed that hospice nurses should have cared for our client, while the hospice nurses (not on site) pointed the finger back at the facility’s staff. The result—the business deal struck between the assisted living facility and the hospice corporation generated substantial revenue, while our client, and others, suffered from negligent care.
If you or a loved one have suffered neglect and/or abuse in a nursing home or assisted living facility, we can obtain the necessary medical records and have an expert physician review the file free of charge to determine whether a doctor or other healthcare provider was negligent.
Davis Adams, LLC only represents medical malpractice victims.
$40 million in verdicts and settlements validates our commitment to doing one thing—medical malpractice litigation—and doing it well. We don’t claim to be a jack of all legal trades. In fact, to our knowledge, Davis Adams is the only law firm in Georgia that only represents victims of medical negligence. It’s all we do. And while that fact alone does not necessarily make us better than every other lawyer handling medical malpractice cases, it does mean that our focus is laser sharp on this area of the law. We are immersed in medical litigation every day, quickly spotting trends as they develop, pioneering new legal strategies and tactics to combat the ever changing insurance defense industry and constantly discussing our clients’ cases with leading medical experts around the country. So instead of dividing our time and energy between auto accidents, business disputes and the occasional medical case, we are constantly honing our skills as medical malpractice attorneys.
The medical malpractice attorneys at Davis Adams can help, whether you are located in the Atlanta area or any other part of Georgia.
Davis Adams has two offices: one overlooking downtown Atlanta from the 33rd floor of Centennial Tower, and the other a few miles east in Decatur, Ga.—but our reach is statewide. We routinely represent clients in Macon, Savannah, Columbus, Albany and other cities from Valdosta to Dalton. Wherever you reside in Georgia, when selecting a medical malpractice attorney, we believe that choosing an expert in medical negligence cases is more important that simply hiring the closest attorney. As a client, you have one opportunity to obtain justice, and we are always honored when that chance it entrusted to us.
What is my medical malpractice case worth?
The vast majority of prospective clients we meet contact us reluctantly. Contrary to the media’s unflattering portrayal of some who file lawsuits, most of our clients are not eager to sue hospitals or doctors, and they understand that money is almost always a poor substitute for one’s health lost as result of a medical error. But the only remedy available through the civil justice system is financial compensation; it’s the only form of “justice” the law allows under these circumstances. After the discovery process has been completed and we have dissected our findings, as we prepare a case for mediation or trial we provide our client with guidance as to the fair value of his or her case. The monetary value of a case depends on the level of injury our client suffers. Injuries take many forms, including:
- Economic damages, including:
- Past medical bills
- Future/projected medical expenses, including life-care plans
- Past lost income
- Future lost income
- Non-economic damages, including:
- Physical pain and suffering
- Mental or emotional pain and suffering
- Loss of consortium (companionship)
- The “full value” of a life (in cases involving death as a result of a medical error)
When Davis Adams agrees to represent a medical malpractice victim, we have one simple demand of the defendants: that our client is paid fairly for what he or she has endured. We cannot, and will not, accept anything less than the full measure of justice to which our client is entitled. Often cases are settled at mediation, which allows our client to avoid the risk of trial and to end their case with some measure of certainty. Other times, mediation is unsuccessful, and we proceed to trial and ask a jury to determine our client’s compensation. More than half of our $40 million in recovered funds is the result of trial verdicts, meaning that the attorneys hired to defend doctors and hospitals know that we are fully prepared to meet them in a courtroom if the case cannot otherwise be resolved to our clients’ satisfaction.
Our philosophy: fewer cases, more personal attention, better results.
Jess Davis and Chad Adams decline to handle the vast majority of cases presented to their firm. And while it may seem counterintuitive to turn down business, Davis Adams is committed to doing outstanding, hands-on work for a limited number of catastrophically injured clients instead of employing a team of less experienced associate attorneys to churn through a high volume workload. We simply refuse to become one of those law firms at which the experienced trial lawyers only get involved in the later stages of the case, if at all. From day one, our clients have the collective time, attention, energy, and experience of the seasoned medical malpractice attorneys who will be handling their case at trial, which translates to better representation, and better financial recoveries. From time to time other lawyers will ask, “Wouldn’t it just be easier to hire some young associate attorneys to handle the unimportant parts of your cases?” That question represents a fundamental misunderstanding of how medical malpractice cases are won or lost, and emphasizes the importance of hiring an experienced medical negligence attorney. There are no unimportant tasks in the cases we handle; victory is always in the details and is never achieved at the maximum level without bringing to bear the full weight of our firm’s substantial medical negligence experience, dogged determination and blatant refusal to settle for less than our clients deserve.
We do not accept payment unless our client recovers money.
Davis Adams represents medical malpractice victims on a contingency basis, which means that if we do not recover money for our clients, we will not accept payment for our services. Additionally, our contingency fee, while reflective of our firm’s quality and success, is less than the 50% fee charged by some firms. We simply are not comfortable with earning a fee in a case that is equal to the recovery of our injured client, and therefore have refused to increase our fee.