Alabama's Personal Injury Lawyer
(205) 206-6300
When you entrust your loved ones to the care of a nursing home because they need more care than you can provide for them, you expect that they will be kept safe and cared for properly. At Mezrano Law Firm, we are committed to bringing to justice those who abuse and neglect our elders. You can trust our compassionate Alabama nursing home abuse lawyers to fight for the rights and the protection of your loved ones.
Law firms that specialize in nursing home abuse and neglect claims have the experience you need to take action fast. They know what steps to take, how to gather evidence, where you can get support and resources, and how to claim compensation for the damages caused by the nursing home’s negligence.
While it is always distressing to see a loved one injured due to the negligence of a nursing home, rehabilitation facility, or assisted living facility, there is help available. If you want to file a personal injury lawsuit to hold the nursing home accountable and obtain a settlement for your loved one’s injuries, you will need proper legal representation.
Our nursing home abuse lawyers will evaluate your nursing home neglect case for FREE. Call 1-205-206-6300 or submit details of your case in our form and we’ll contact you as soon as possible.
The Center for Medicare and Medicaid Services (CMS) is the federal agency with oversight for federal healthcare services for the elderly have established a bill of rights for nursing home residents, which is supposed to be posted in the facility, and each resident must be given a copy. These resident rights include, but aren't limited to:
Did You Know?
Out of the 228 nursing homes in Alabama, only 27 earned a Top Performing rating. Four of those facilities are located in the greater Birmingham area. – U.S. News & World Report
The U.S. Department of Justice reports that at least 10% of adults over age 65 will experience some form of abuse in a given year. The DOJ has identified five general categories of elder abuse: caregiver neglect, financial fraud and exploitation, psychological abuse, sexual abuse and physical abuse. The trauma of elder abuse can cause deteriorating health, hospitalization, increased mortality, depression and suicide, disrupted relationships and financial loss all of which can lead to a diminished quality of life for an individual and increased social isolation.
Those who are charged with caring for the elderly and other vulnerable adults are most often the ones who abuse and neglect them, including children, family members, spouses, nursing home and assisted living staff members and others. Some examples of the different types of elder abuse include:
Abuse is an overt act that is inflicted on another person who may or may not be able to defend themselves. Elder abuse can include physical, emotional, sexual abuse or financial exploitation.
Nursing home neglect can be equally as harmful but tends to be more passive in nature. An overworked caregiver neglects to address the physical hygiene needs of a resident, a resident is not receiving the care they need, and it precipitates a downward cycle of neglect.
Whether overt abuse or passive neglect, both inflict physical and emotional harm on nursing home residents who have the right to live in a safe, nurturing environment and have their needs addressed.
If you have a loved one who lives in a nursing home, and you are concerned that he or she is not receiving proper care, here are some of the warning signs of nursing home neglect you can keep watch for:
If they cannot be attributed to a health condition, any of these could be a warning sign that your loved one is not receiving adequate care, and they might be suffering from abuse or neglect.
Many of us think of physical injuries when we hear the term “abuse.” However, several types of abuse can happen in a nursing home or assisted living facility, such as:
When nursing home neglect occurs, some older adults are unable or unwilling to communicate the details of what happened. Some may feel helpless and ashamed about the abuse, while others lack the ability to fully understand the situation. This is why it’s vital to look for signs that your family member could be the victim of abuse or neglect.
According to the National Institute on Aging1, warning signs of nursing home abuse and elder abuse may include:
Warning signs of abuse or neglect can often be subtle or not apparent right away. You should try to talk to your family member to understand what might be going on and how you can help.
When long-term care facilities and their staff members are responsible for a resident’s abuse or neglect, they should be held accountable. Reasons a nursing home may be liable for neglect or abuse of elders include:
Inadequate staff training – There should be a proper process to train staff to do their jobs using a reasonable standard of care for their position.
Negligent hiring process – All staff members should be qualified for their position. Facilities should conduct a thorough background check, consult references, or have another process in place to ensure new hires are qualified.
Understaffing of the facility – A nursing home should employ a reasonable number of staff members to care for residents and meet their needs.
Errors with medication – When staff members do not give the proper dosage of medicine at the right time or fail to provide the medication at all, the results can be devastating.
Breach of a resident’s statutory or regulatory rights – Nursing home employees are required to give residents the dignity, privacy, and respect to which they are legally entitled.
Inadequate security – Nursing homes have a duty to provide a safe environment for those living in the facility. When a visitor or third party harms a resident due to lack of security, the nursing home can be liable for damages.
If one or more of these situations led to your family member’s abuse or neglect while living in the nursing home facility, you may have grounds to bring a civil claim for compensation. You must prove your loved one was harmed due to the negligence of the nursing home staff. In many cases, the nursing home has a well-documented history of abuse, which makes it easier to prove, especially if there is physical evidence of your loved one’s injuries.
However, it can be more difficult in these nursing home neglect cases because the nurses and staff do not write down what they have done wrong. It takes a skilled personal injury attorney to figure out what is missing from the medical records in order to prove that negligence caused the injuries, suffering, or wrongful death.
Contact our nursing home abuse attorneys today for a free and confidential case evaluation to see if you qualify and what your claim may be worth.
Nursing homes are required by law to provide a certain standard of care. Remember, nursing home residents have rights, including:
If you notice risk factors and warning signs that your family member is experiencing abuse or neglect while living in a nursing home, it’s time to take action. You should:
While nothing can erase the trauma of abuse or neglect, obtaining a monetary settlement can provide the financial resources to help your loved one move forward in life with a new, safer long-term care facility. Bringing a claim will also deter these nursing homes and nurses from injuring others in the future.
If you have become aware that a loved one who is a nursing home resident has been neglected or abused and has sustained injuries because of it, you may have grounds to file a claim for nursing home neglect, which would be a civil action. Depending on the nature of the injury, you might file a criminal complaint if your loved one was physically abused, but for nursing home neglect cases, you would likely file a nursing home neglect lawsuit for the injuries.
Aside from the human decency perspective, nursing homes owe a duty of care to their residents to keep them safe and well cared for. Most nursing homes receive a significant amount of federal funding, so if they are falling below the accepted standard of care and people are injured and loved one’s file complaints, they can lose valuable funding. Holding the nursing home and its staff accountable for substandard care is a way to obtain justice for the resident who was injured, but it may also help to make sure that other residents do not suffer the same fate.
If you see an elder being abused or neglected, you are obligated to report it. If someone has been physically harmed, you can call law enforcement if you suspect physical or sexual assault. For other forms of abuse or neglect, the Alabama Department of Senior Services along with the Alabama Department Public Health are responsible for investigating allegations of elder abuse. You can report anonymously.
To report elder abuse, call the Adult Abuse Hotline at 800-458-7214.
To report elder abuse to the Alabama Department of Public Health:
In nursing homes: 800-356-9596
In an assisted living facility: 800-873-0366
Victims of nursing home abuse or neglect suffer in so many ways. Apart from the physical damages that occur, many deal with pain, suffering, and emotional anguish resulting from the abuse and are at a higher risk for suicide. These victims deserve compensation in all the ways they suffer.
When bringing a personal injury claim for compensation, victims can recover for both economic and non-economic damages, including:
You are not alone. Let our nursing home neglect lawyers help you get justice through the legal system. Contact us now to schedule your free case review.
The experienced Alabama nursing home abuse lawyers at Mezrano Law Firm are here to help you learn and understand what your loved one’s rights are and inform you of your legal options in pursuing justice. We can assist you in filing a complaint against the facility, and we will officially inform the nursing home of the abuse and neglect allegations.
We will work with medical experts who can testify about your loved one's injuries and the accepted standard of care for a nursing facility and work with you to get a settlement for your loved one's injuries. You can be confident that we will make sure those who should be held responsible, are.
At Mezrano Law Firm, we are here to fight for your loved one’s rights when they have been subject to nursing home abuse or neglect. With offices in Birmingham, Mobile, Montgomery, Florence, Gadsden, and Tuscaloosa, we are here to serve you. You can call 205-206-6300 or fill out our contact form and schedule your free initial consultation with a compassionate Alabama nursing home abuse lawyer.
Contact our nursing home abuse attorneys today for a free and confidential case evaluation to see if you qualify and what your claim may be worth.
Resources:
1National Institute on Aging (NIA). (29 July 2020). Spotting the Signs of Elder Abuse. U.S. Department of Health & Human Services. Retrieved 26 January 2022.
2Bailey, Melissa and Aleccia, JoNel. (9 April 2019). Lethal Plans: When Seniors Turn To Suicide In Long-Term Care.Kaiser Family Foundation. Retrieved 26 January 2022.
3National Institute on Aging (NIA). (29 July 2020). Elder Abuse. U.S. Department of Health & Human Services. Retrieved 26 January 2022.
