Alabama's Personal Injury Lawyer
Alabama's Personal Injury Lawyer

Alabama Nursing Home Abuse Lawyer

Protecting the rights of vulnerable adults

Nursing Home Abuse lawyer

When you entrust your loved ones to the care of a nursing home, 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 lawyer to fight for the rights and protection of your loved ones. Contact us today to learn more about your case.

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Call us at (205) 654-8146 24/7 to arrange to speak with a personal injury lawyer about your case, or contact us through the website today.

How Much Does a Nursing Home Abuse Lawyer Cost?

Most personal injury lawyers don't charge upfront for their cases. Nursing home abuse lawyers will use a contingency basis for fees, meaning they only charge if they win; if they lose, you don't have to pay anything. A contingency basis for payment ensures there are no hard costs on your end and that the lawyers will work hard to win. At Mezrano Law, we will work hard to get you the most compensation possible.

What is Nursing Home Abuse?

Many of us think of physical injuries when we hear “abuse.” However, several types of abuse can happen in a nursing home or assisted living facility, such as:

  • Physical abuse
  • Emotion abuse
  • Sexual abuse
  • Financial abuse
  • Neglect or abandonment

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 cannot 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.

Signs of Nursing Home Abuse

While the signs of nursing home abuse can be hard to notice, some things you might start seeing are:

  • Bedsores in nursing homes
  • Bruising
  • Medication errors or neglect
  • your loved one might be fearful of the staff
  • sudden financial strain or stress
  • depression
  • anxiety
  • broken bones
  • and much more

Contact the authorities immediately if you suspect a loved one is being abused in their nursing home. 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.

How Can a Nursing Home Abuse Lawyer Help You?

Law firms specializing in nursing home abuse and neglect claims have the experience you need to take action quickly. 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.

Our team of nursing home neglect lawyers will:

  • Hire investigators
  • Obtain resident's medical records
  • Request any police reports
  • Hire expert nurses and doctors to testify
  • Speak to the nursing home’s insurance company regarding a settlement
  • Locate and interview potential witnesses
  • File your case in court
  • Represent your family at trial

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, help is available. You will need proper legal representation 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.

Nursing Home Resident's Bill of Rights

The Center for Medicare and Medicaid Services (CMS), the federal agency with oversight for federal healthcare services for the elderly, has 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:

  • The right to be treated with dignity and respect.
  • The right to be informed in writing about services and fees before you enter the nursing home.
  • The right to manage your own money or choose someone you trust to do this for you.
  • The right to privacy and to keep and use your personal belongings and property as long as it doesn't interfere with the rights, health, or safety of others.
  • The right to be informed about your medical condition and medications and to see your doctor. You also have the right to refuse medications and treatments.
  • The right to have a choice over your schedule (for example, when you get up and go to sleep), your activities, and other essential preferences.
  • The right to an environment is more like a home that maximizes your comfort and provides assistance to be as independent as possible.

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

What is the Difference Between Elder Abuse and Neglect?

Abuse is an overt act 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 harmful but tends to be more passive. 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 with the right to live in a safe, nurturing environment and have their needs addressed.

According to the National Institute on Aging1, warning signs of nursing home abuse and elder abuse may include:

  • Disinterest in activities they used to enjoy
  • Messy or unkempt appearance
  • Weight loss due to malnutrition or dehydration
  • Trouble sleeping
  • Becoming withdrawn
  • Suddenly reacts with agitation or violence
  • Unexplained injuries such as bruises, cuts, burns, or scars
  • Rocking back and forth or other signs of trauma
  • Signs of physical retrains, like marks on the wrists
  • No longer has medical aids, including walkers, dentures, hearing aids, or glasses
  • Development of preventable conditions, including bedsores
  • Sudden financial problems

Signs of abuse or neglect can often be subtle or not apparent immediately. You should try to talk to your family member to understand what might be happening and how you can help.

When Is a Nursing Home Liable for Abuse or Neglect of Residents?

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

Training staff to do their jobs using a reasonable standard of care for their position should be a proper process.

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 to ensure that new hires are qualified.

Understaffing of the Facility

A nursing home should employ reasonable staff members to care for residents and meet their needs.

Medication Errors in Nursing Homes 

The results can be devastating when staff members do not give the proper dosage at the right time or fail to provide the medication.

Breach of a Resident’s Statutory or Regulatory Rights

Nursing home employees must give residents the dignity, privacy, and respect they are legally entitled to.

Inadequate Security

Nursing homes must provide a safe environment for those in the facility. When a visitor or third party harms a resident due to a 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 might 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 to prove that negligence caused the injuries, suffering, or wrongful death.

What Should I Do If My Loved One Is a Victim of Abuse or Neglect?

Nursing homes are required by law to provide a certain standard of care. Remember, nursing home residents have rights, including:

  • The right to a safe and decent living environment, free from abuse and neglect
  • The right to access healthcare
  • The right to information
  • The right to dignity
  • The right to financial information

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:

  • Remove your loved one from the facility immediately
  • Find alternative care – local adult protective service agencies can help
  • Report the abuse or neglect to authorities
  • Bring a legal claim against the responsible party

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.

How to Sue a Nursing Home for Neglect in Alabama

If you have become aware that a loved one who is a nursing home resident has been neglected or abused and has sustained injuries, you may have grounds to file a claim for nursing home neglect, which would be a personal injury case. 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 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 fall below the accepted standard of care and people are injured and loved ones 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 injured resident, but it may also help to ensure that other residents do not suffer the same fate.

Contact Mezrano Law today to file your claim.

How to Report Elder Abuse in Alabama

If you see an elder being abused or neglected, you are obligated to report it. You can call law enforcement if you suspect physical or sexual assault or if someone has been physically harmed. For other forms of abuse or neglect, the Alabama Department of Senior Services and the Alabama Department of 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

What Damages Can a Victim Recover in a Nursing Home Abuse Claim?

Victims of nursing home abuse or neglect suffer in so many ways. Besides the physical damages, many deals with pain, suffering, and emotional anguish resulting from the abuse and are at a higher risk for suicide. These victims deserve compensation for all the ways they suffer.

When bringing a personal injury claim for compensation, victims can recover for both economic and non-economic damages, including:

  • Hospitalization bills
  • Prescription drug costs
  • Physical therapy
  • Mental healthcare such as therapy or counseling
  • Other medical expenses
  • Pain and suffering
  • Emotional distress
  • Mental Anguish
  • Punitive damages (in some cases)

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.

What Can an Alabama Nursing Home Neglect Attorney Do to Help My Case?

The experienced Alabama nursing home abuse lawyers at Mezrano Law Firm are here to help you learn and understand your loved one’s rights and 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 settle your loved one's injuries. You can be confident that we will ensure those who should be held responsible are.

The Alabama Nursing Home Abuse Lawyers You Can Trust

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. Contact our law firm today.

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