MEZRANO ALABAMA INJURY LAWYERS
MEZRANO ALABAMA INJURY LAWYERS
As we care for our aging loved ones, we expect that they will receive the highest level of care and respect in nursing homes. Unfortunately, there are times when this expectation is not met, leading to potential nursing home abuse or neglect. Let's go over everything that a nursing home abuse lawsuit covers.
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Abuse in nursing homes refers to any situation in which a nursing home resident is subjected to harm through intentional actions or neglect by caregivers or nursing home staff. There are various forms of abuse in nursing homes that can occur, which are usually categorized as follows:
This is typically the most obvious form of abuse and involves any kind of physical harm caused to the resident, including hitting, slapping, pushing, or improperly using restraints.
This type of abuse is not as easily detectable as physical abuse but can be equally harmful. It includes actions such as yelling, threatening, humiliating, isolating, or ignoring nursing home patients.
Sexual abuse involves any non-consensual sexual contact with the resident. It can include touching, rape, or forcing the resident to watch explicit material.
Financial Abuse involves the illegal or unauthorized use of a resident's funds or assets. It may involve theft, fraud, or manipulation to get the resident to hand over money or property.
This involves failing to provide the necessary care for the resident to live a safe and healthy life. It can involve not providing adequate food, water, medication, medical care, or assistance with personal hygiene.
In Alabama, the Alabama Department of Senior Services is tasked with investigating claims of nursing home neglect or abuse. If you suspect that your loved one is a victim of nursing home abuse, it's crucial to report it immediately and consult with an experienced nursing home abuse law firm.
Before any legal action can occur, it is important to be aware of the signs of nursing home abuse or neglect. These may include:
Once you suspect abuse or neglect, begin documenting everything related to the case. This includes:
Next, report the abuse to the proper authorities. In Alabama, you should report it to the Alabama Department of Senior Services and to the local law enforcement if the situation is severe or immediate action is required.
Contact an experienced nursing home negligence or abuse attorney at Mezrano Law Firm. Our team can help you understand your legal rights, navigate the legal system, and work to protect your loved one.
Once engaged, our nursing abuse lawyers will begin a thorough investigation of the alleged abuse. We will gather evidence, interview witnesses, review medical records, and consult with experts as needed.
After the investigation, if we find enough evidence to support the claim of abuse or neglect, we will file a nursing home abuse lawsuit. The complaint will outline the allegations and ask for specific relief, such as monetary damages.
During the discovery process, both sides will exchange information related to the case. This might include witness testimonies, expert opinions, and other evidence.
Many nursing home abuse cases are resolved through settlement negotiations without the need for a trial. However, if a fair settlement cannot be reached, we are prepared to take the case to trial. Our goal is to ensure the best possible outcome for you and your loved one.
After the trial, if the judgment is in your favor, the long-term care facility will be ordered to compensate for the damages caused. If the judgment is not in your favor, there may be options to appeal the decision.
In Alabama, as well as in the rest of the United States, nursing home residents have certain rights that are protected by law. These rights are established by both federal and state statutes to ensure the wellbeing of all nursing home residents. The rights include:
Residents have the right to be fully informed of the available services and the charges for each service. They must also be informed about facility rules and regulations, including a written copy of residents' rights.
Residents have the right to present grievances without fear of retaliation and have their complaints promptly resolved.
Residents have the right to participate in decisions about their medical treatment, including the right to refuse medication and treatment.
Residents have the right to privacy in all aspects of their care. This includes privacy in their medical care, personal care, and during visits. Residents also have the right to confidential treatment of their personal and medical records.
Residents have a right to be treated with consideration, respect, and dignity, including freedom from mental and physical abuse, corporal punishment, involuntary seclusion, and physical and chemical restraints.
Residents have the right to receive visitors of their choosing at the time of their choosing, provided that the visit does not infringe upon the rights of other residents.
Residents may make personal choices, such as what to wear and how to spend free time.
If a nursing home violates these rights, a nursing home abuse lawyer near me can file a lawsuit. If you suspect that a nursing home is infringing on the rights of a loved one, consult an experienced attorney experienced in nursing home abuse cases, such as those at the Mezrano Law Firm, who can provide guidance based on your specific circumstances.
Filing a lawsuit for nursing home abuse often depends on the specific circumstances of the case. In general, the following parties may be able to file a lawsuit in cases of nursing home abuse:
If the nursing home resident is mentally competent and capable of initiating legal action, they have the right to file a lawsuit themselves.
If the nursing home resident is not capable of initiating legal action—due to mental incapacity, severe physical limitations, or fear—family members may often file a lawsuit on their behalf.
If a legal guardian or conservator has been appointed for the nursing home resident, that individual typically has the legal authority to file a lawsuit on the resident's behalf.
If the nursing home resident has passed away, the executor or administrator of the resident's estate can file a lawsuit for wrongful death if the death was due to abuse or neglect.
Nursing home abuse can arise from various sources, and several parties could potentially be held responsible in a nursing home abuse lawsuit. Identifying all parties responsible is critical to ensure justice for the victim and prevent future abuse. The following parties may be held responsible for nursing home abuse:
ndividual staff members may be held liable if their direct actions, such as physical abuse or neglect, lead to harm. This can include nurses, nursing assistants, therapists, and any other members of the staff.
The management of the nursing home could be held liable if they fail to properly hire, train, or supervise their staff. They could also be held accountable if they fail to maintain safe and sanitary conditions, do not provide adequate medical treatment, or otherwise neglect their duty of care to the residents.
The owners of the nursing home can be held responsible for abuse if it can be demonstrated that they failed to provide adequate resources for resident care, including staffing, equipment, and facilities. They could also be liable if they failed to ensure proper policies and procedures to prevent abuse and neglect were in place and enforced.
If the abuse was committed by a contracted third-party, such as a physical therapist or a visiting doctor, they could potentially be held liable.
In some cases, if medication contributed to the harm, the pharmaceutical company could potentially be held accountable, especially if there was a failure to communicate known risks or side effects.
Proving nursing home abuse can be a complex task and typically involves demonstrating the following key elements:
First, you must establish that the nursing home or caregiver owed a duty of care to the resident. In most cases, this is straightforward to prove, as nursing homes have a legal obligation to provide a safe environment and proper care to their residents.
Next, you must demonstrate that the nursing home or caregiver failed to meet this duty of care. This could be through actions that they took (such as physical abuse) or actions they failed to take (such as neglect).
You must then show that this breach of duty directly caused harm to the resident. This can often be the most challenging part of a case, as it involves demonstrating that the abuse or neglect was the direct cause of the harm, not an underlying health condition or another factor.
Finally, you must show that the resident suffered damages as a result of this harm. This could include physical injuries, medical bills, emotional distress, or other forms of harm.
Evidence that can help to prove nursing home abuse might include:
The statute of limitations for filing a nursing home abuse lawsuit typically falls under personal injury law, which means you generally have two years from the date of the injury to file a lawsuit.
However, exceptions may apply depending on the specifics of the case. For instance, if the abuse was not discovered right away, the court might allow the lawsuit to be filed within a certain period from the date the abuse was discovered (or reasonably should have been discovered).
In a nursing home abuse lawsuit, several types of damages can typically be pursued to compensate the victim for their losses. These damages can be categorized into economic, non-economic, and in some cases, punitive damages.
Economic damages are losses that arise from an injury or harm to another’s property, business, or finances. Economic damages include:
Non-economic damages are types of damages in personal injury cases that cannot be quantified or measured. These include:
Punitive damages are a type of legal damages that a court will award in order to punish the wrongdoer for egregious misconduct or to set an example for other potential violators. They are generally in addition to any other compensatory damages that were awarded.
Special damages, also known as consequential damages, are those that do not occur directly from a breach but are considered a consequence of that breach. They include economic losses such as lost profits or the cost of repair or replacement. They may also include other losses such as emotional distress due to the breach.
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