Nursing home residents are some of the most vulnerable members of our society. Unfortunately, nursing homes are not always held to the same standards of care as hospitals or other healthcare facilities. Nursing home abuse and neglect are far too common, so it is essential to have a dedicated advocate when dealing with these matters. A Birmingham nursing home abuse lawyer can provide you with the necessary legal guidance and support to ensure your loved one is protected under the law and given access to appropriate care.
Our legal team understands the feelings of worry and frustration that come with nursing home neglect or abuse cases. We empower families to stand up for their rights and hold negligent healthcare providers accountable if necessary. Our attorneys are committed to protecting the Senior citizens of Alabama. They will work closely with you to ensure your loved one is safe while we handle your case’s critical legal matters. To discuss any potential legal concerns, contact us today.
The actor Michael J. Fox once said that “family is not an important thing. It’s everything.” We believe that. It is our honor to care for those who once cared for us. If your loved one is being abused in their nursing home, our Birmingham nursing home neglect attorneys will fight for your loved one’s rights and future. Call us today to learn more about how we can help.
Most law firms work on a contingency basis for personal injury claims like nursing home abuse. A contingency fee basis means we do not charge you anything unless we win a settlement in or out of court. This fee structure ensures we work hard for your case and that you don't have even more out-of-pocket expenses during a stressful time. Reach out today for a free consultation with our compassionate and experienced team. We also offer contingency fee schedules for other practice areas, such as:
Victims of nursing home abuse and neglect can file a personal injury lawsuit to recover damages. When you speak with us, bring as much information as possible: photos, eyewitness descriptions (written or on video), medical records, etc. We can get that information if you cannot access it.
From there, Mezrano Law Firm will build a case to show that your loved one’s injuries were caused by negligence or abuse and that he or she is entitled to damages for:
If your loved one died due to their injuries or neglect, we could file a wrongful death lawsuit against the responsible parties.
Family is everything. When someone has hurt your loved one, Mezrano Law Firm fights back. Our experienced Birmingham nursing home abuse lawyers know what it takes to build a successful case. To learn more about our services, please call 205-206-6300 or fill out our contact form to set up a free initial consultation.
While you can use both phrases interchangeably, the general definitions are as follows:
Nursing home neglect is the failure to fulfill the needs of an elderly person in one’s care. It can stem from ignorance about what that care is and can be unmotivated. An example of nursing home neglect is failing to turn an immobile patient over every few hours so that he or she does not develop bedsores.
Nursing home abuse is a deliberate, sometimes malicious act. It can be motivated by the desire to gain power over a patient. Physically or sexually assaulting a resident is an example of nursing home abuse. Nursing homes owe a duty of care to their patients, which is why negligent AND abusive behaviors are not allowed.
Elder abuse is a big problem in the US. According to the National Council on Aging, about 1 in 10 seniors will be abused, but only 1 in 14 cases will ever be reported to law enforcement. The Alabama Department of Public Health reports that “Alabama’s elderly population is expected to grow by 82.4 percent between 2010 and 2040, adding 542,061 elderly to the population” – and that the rate of elder abuse in our state is about 12.4 out of every 10,000 people. Rural communities have a higher percentage of reported abuse of the elderly.
One of the problems with recognizing the signs of nursing home abuse and neglect is that many of them can simply be the aging process. Here are some of the most common signs:
If your loved one is being bullied or abused by another resident, you may still have a claim against the nursing home. Had the staff, doctors, or other personnel been doing their jobs properly, such behaviors should have been noticed and corrected. Failing to maintain a safe space for residents is a sign of neglect.
Financial abuse is a real problem in nursing homes. If you suddenly notice that your family member is struggling financially, it's time to ask why.
Understand that your loved one has rights and protections under the law. If you suspect those rights have been violated, you can contact the Alabama Long-Term Care Ombudsman at 800-AGE-LINE, or by contacting:
United Way Area Agency on Aging of Jefferson County
3600 8th Avenue South
Birmingham, AL 35232
205.458.3330
Regional Planning Commission of Greater Birmingham
2 20th Street North
Suite 1200
Birmingham, AL 35203
205.623.2121
When caring for a loved one, nothing is more important than ensuring they receive the care and protection they need. Unfortunately, far too often, nursing home neglect and abuse occur in facilities nationwide. If you think your loved one may have been a victim of nursing home neglect or abuse in Birmingham, seeking help is critical. Contact our Birmingham Nursing Home Neglect Lawyer today for a FREE consultation.
There are many types of nursing home abuse, such as:
Sexual abuse is a heinous and disgusting crime that no person should endure, yet it still occurs in nursing home settings. Residents are especially vulnerable to exploitation and should be protected from harm. Sadly, some patients experience direct sexual abuse by a staff member or fellow resident. These individuals may feel violated and helpless, knowing the person responsible for caring for them has caused them such pain.
Some staff members have acted out of frustration towards residents, engaging in physical abuse such as punching, kicking, or roughly handling them.
Elderly patients require special care. They should be treated with fairness to avoid provoking an unfavorable response. Some nurses and aids harshly address their patients. This behavior is unacceptable.
Verbal abuse towards elderly people takes the form of yelling and screaming. This can be damaging to them, particularly considering their fragile nature. Additionally, they may already perceive themselves to be a burden on those around them. Yelling or screaming at them is not acceptable under any circumstance.
Neglect is an unfortunately common form of abuse in nursing homes and other long-term care facilities. It involves a lack of essential medical support and care that can ultimately lead to severe injury or even death. Neglect can take many forms; it may be unintentional due to staff being stretched too thinly, or it may be due to deliberate negligence of duties on the part of caregivers. In any case, when our loved ones are neglect victims, it is heartbreaking and unacceptable.
One form of elder abuse is financial exploitation. This type of abuse happens when a staff member or other resident takes advantage of your loved one by stealing their money or personal items from them. It can be as simple as taking small amounts that no one notices or something more elaborate like convincing an elderly person to change their will and include the abuser in it. This isn’t just bad behavior; it’s illegal and should be stopped quickly to prevent further exploitation.
There are many signs of nursing home abuse and neglect, such as:
If you suspect a loved one is being abused in a nursing home, taking immediate action is the most important thing to do.
It’s essential to remove your loved one from the dangerous situation and look into ways to prevent further harm or neglect.
You should contact your local police station and make a report so that it is documented. Additionally, reach out to a nursing home attorney in Birmingham, so they can help you figure out what legal options are available. Every state has laws that protect elderly citizens from abuse, and by working with an experienced lawyer, family members can pursue justice on behalf of their loved ones.
Filing complaints, going through investigations, and even gathering evidence all take time—every second counts when taking proactive steps against suspected nursing home abuse or neglect. The long-term damage caused by abusive practices and mistreatment can be devastating for victims and their families alike, so it’s advisable to seek assistance immediately should you feel intervention is necessary to protect your loved one’s safety and well-being. A qualified nursing home attorney can help investigate the situation and advise what steps need to be taken next based on the nature of the alleged mistreatment.
When a nursing home resident suffers abuse or neglect, facility owners and managers are often the primary targets of legal action. This is because they may be responsible for their employees' negligent acts or conduct. The facility may have hired unqualified workers or understaffed the center to save money. In many cases, insufficient training has been provided, leaving employees ill-equipped to handle essential functions such as providing medical care or safety supervision.
Further, negligence on behalf of owners and managers can lead to a lack of adequate security systems or procedures meant to protect residents from possible assault by both staff and other patients. In some cases, these crimes go unreported and uninvestigated leading to further suffering on behalf of those living in residence. By not taking legal responsibility and accountability, many people fall victim to their negligence and failure to create a safe environment for those they care for.
Nursing homes are supposed to provide seniors and other vulnerable individuals with the care they need. Yet, alarming statistics from the Centers for Medicare & Medicaid Services (CMS) show that this isn’t always the case in Alabama.
CMS recently analyzed 227 nursing homes across the state and determined that one-quarter provide poor care. More specifically, 36 nursing homes are ranked “below average” by CMS, while 21 facilities have earned a classification of “much below average” regarding quality ratings.
Those familiar with these rankings believe that all residents in affected nursing homes may be at risk for irreparable health harm or inadequate medical care. All nursing home operators must live up to the standards set by federal regulations and health regulations set by state governments; otherwise, they could face penalties or loss of funding from their respective associations and governing bodies. The hope is that leaders will soon strengthen oversight efforts and address any shortcomings so that all patients can access quality medical care regardless of their chosen facility.