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You likely have the legal right to file a compensation claim.
Your loved one has a right to receive proper medical treatment, care, and protection in an eldercare home.
An attorney can build a case, citing negligence, wrongful death, negligent hiring, lack of supervision, an intentional tort, loss of consortium, or a third-party responsibility claim.
Elder home victims harmed through neglect or abuse should contact the Alabama nursing home abuse lawyers at the Nursing Home Law Center (800) 926-7565 today. Let’s discuss filing a compensation claim during an initial free consultation.
Medicare and Medicaid investigators regularly inspect and survey every Alabama eldercare center to identify violations, citations, and deficiencies. The investigators follow up on complaints filed on behalf of loved ones by family members, friends, and concerned employees.
According to the federal agency's statistics, fifty-five (twenty-four percent) of the 228 caregiving facilities rated in Alabama have fallen below the national average because they provide substandard care.
Victims harmed while residing in an eldercare facility should contact the Alabama personal injury attorneys at Nursing Home Law Center at (800) 926-7565 to discuss filing a compensation claim during an initial free case consultation.
The Nursing Home Reform Act and Alabama state law provides private causes of action if an elder care home resident's rights have been violated.
These rights include the right to be free from physical or mental abuse, involuntary seclusion, and any consumption of chemicals not related to the resident's medical symptoms.
Patients also have the right to receive respect in their care and treatment, but unfortunately, this right is often violated in negligence cases.
Under Alabama statutory authority, elder care administrators must provide care that meets a strict standard of care.
Nursing home administrators must have a license issued by the Board of Examiners of Nursing Home Administrators.
Also, nursing home employees and administrators are under the following duties of care:
Nursing home employees deviating from providing the established standard of care could face civil consequences. The victim might assert a claim of professional negligence against the staff, facility, or others.
Filing a claim or lawsuit against nursing home professionals based on negligence usually requires following the Alabama Medical Liability Act and providing expert witness testimony to support the accusation.
Nursing home abuse lawyers can help build a case to show that a nursing home's violation of care was likely to cause the resident's injury or death.
In Alabama, Section 38-9-7 of the Adult Protective Services Act makes it unlawful for any person to "abuse, neglect, exploit or emotionally abuse" any protected person. The law defines protected persons as those living in senior living facilities, mental institutions, developmental centers, and other care facilities.
A crime of emotional abuse is considered a misdemeanor, while all other crimes involving physical abuse, sexual abuse, neglect, and exploitation might be felonies. Nursing home neglect lawyers can help you file a complaint against the appropriate person today that might have caused you harm or injury.
The Alabama Department of Human Resources will then investigate any report made that involves elder abuse, neglect, exploitation, or other harm to protected adults in care facilities.
A nursing home abuse attorney can assist any victim of inadequate elder care. Feel free to call a lawyer to speak with them about your loved one's legal rights.
Our nursing home neglect and personal injury attorneys are here to help families and residents throughout the State of Alabama, including in:
Call (800) 926-7565 Toll-Free for a No Obligation Consultation
Family members placing a loved one in a nursing center expect nurses to provide quality care around-the-clock to ensure the patient's health and well-being.
In many incidences, the family is assured that loving, dedicated caregivers will continuously provide all necessities. Even with that assurance, pressure ulcer developments in eldercare facilities are an all-too-common occurrence.
Unfortunately, nursing center administrators often put profits ahead of providing quality care by cutting the staff member roster.
Understaffing might cause a severe problem when the facility must meet the increasing demand for nursing home beds. The lack of quality nursing staff often leads to neglect by overworked nurses and nursing aides.
Nursing facility management and caregivers have an ethical and legal obligation to protect every patient in their care. If the staff fails in their duties, nursing home residents could suffer deadly pressure wounds.
Did you, a family member, or friend recognize the initial stages of loved ones' developing skin breakdown?
Contact professionals now to ensure that they receive the best treatment for deadly wounds.
Use the form here to contact reputable AL bedsore lawyers from the list below to stop the neglect of your loved one in cities including:
Here are the answers to some questions that families ask about the nursing home neglect and elder abuse to which their loved one may have been subjected.
Many eldercare facilities are inadequately staffed throughout the United States with sufficiently trained Registered Nurses, Licensed Practical Nurses, and Certified Nursing Assistants. Some abuse cases involve negligence, where the staff fails to provide personalized patient care.
According to the National Institutes of Health, nine out of every ten assisted-living facilities and nursing centers in America are understaffed where one aid might be responsible for providing care for thirty or more individuals.
Unfortunately, most cases involving nursing home abuse go unreported. Often, the abuser is a trusted individual like a nurse, nursing assistant, nursing home employee, another resident, family, visitor, or friend.
The CDC (Centers for Disease Control and Prevention) identifies the four types of neglect to include:
According to the National Institutes of Health, state and federal laws protect nursing home patients from improper transfers and unfair discharges from their facility.
Medicare regulations restrict facilities transferring patients to other skilled eldercare centers or discharging them from the facility unless:
The U.S. National Library of Medicine defines patient neglect as "the failure of a designated caregiver to meet the needs of a dependent." In many cases, patient safety is compromised when the nursing home staff neglects the resident's needs.
Other forms of nursing home negligence include:
Victims of abuse could sue the caregiving facility or medical team if they acted negligently, recklessly, or with the intent to harm others. In some cases, the patient dies by the action or inaction of a Registered Nurse, Licensed Practical Nurse, or Certified Nursing Assistant.
Surviving family members who lost a loved one through a wrongful death could file a civil lawsuit seeking compensation for all damages, including hospitalization costs, medical expenses, pain, suffering, loss of companionship, funeral costs, and burial expenses.
The good news is that families of nursing home residents do not need to pay anything upfront to file lawsuits for neglect and elder abuse. Of course, this does not mean that your lawyer works for you for free.
However, it does mean that you are not responsible to pay your nursing home abuse attorney out of your pocket.
Your lawyer is only compensated if you are successful in your lawsuit and you receive financial compensation. In other words, there is no fee unless you win.
Nursing home abuse attorneys can still file a court action for abuse and neglect even if your loved one is no longer here. Then, your lawsuit would become one for wrongful death.
You would receive compensation for the pain and suffering and everything else that your loved one experienced at the hands of nursing home staff before they died.
Then, your family would receive compensation for what they lost from the death of their beloved family member.
It is difficult to say how much the average case is worth, nor can we make any guarantees. What we can tell you is that the harm to your loved one will be compensated.
A court would consider each of the individual elements of the damages before assigning a dollar value to the case. You would receive compensation for:
Physical assault and sexual abuse might leave evidence like bruises, cuts, and lacerations. However, emotional abuse signs are often less apparent when the damage involves rejection, threatening, insults, blaming, neglecting, isolating, manipulating, punishing, degrading, humiliating, or fear, shame, and guilt.
Emotional abusers are usually expert manipulators who intentionally neglect respectful boundaries. However, not all cruelty is easily identifiable by friends and family wanting to protect a loved one.
Emotional abuse might involve putting the victim down, calling them names, cutting off from access to others (social isolation), or limiting the victim's financial decision-making powers.
Unfortunately, many nursing homes have received public attention for the inadequate care provided in their nursing homes and deficiencies. There are about 24,885 caregiving facilities in operation, according to a 2008 University of California-San Francisco research study.
Over thirty-three percent of nursing homes in the study had hazards in the environment that potentially could harm residents more prone to accidents.
In Alabama, several statutes govern nursing home negligence claims, including Chapter 20 of Title 34 for Nursing Home Administrators, Chapter 34 of Title 34 for Assisted Living Administrators, and the Adult Protective Services Act. Nursing homes must also abide by the strict requirements under the federal Nursing Home Reform Act.
Contacting an aggressive advocate for your loved one is essential to protect their health, dignity, and rights to quality healthcare.
A skilled Alabama neglect law firm can offer a free case review to discuss facts and describe all available legal options to pursue a case and stop neglect.
Call us today or contact us through the contact form to schedule a free consultation. There is no charge to speak with our law firm.
Call us at (800) 926-7565 Toll-Free for a No Obligation Free Consultation
Sources
Damages Cap
Wrongful Death Statute of Limitations
Damages Cap
None. All damages for wrongful death actions are considered punitive damages, not compensatory or actual damages. (§6-11-21)
Damages Cap
Bedsores (skin ulcers, pressure wounds, pressure ulcers, or decubitus sores) quickly develop on the skin when an individual remains in the same position for too long. Constant pressure on bony prominences like the ankles, hip bones, shoulder blades, and buttocks, could cause the skin to reddened and become tender from inflammation.
Nursing home patients are most at risk for developing skin ulcers if staff members are negligent in providing the basic standard of care. The medical staff is responsible for ensuring that the patient does not remain in bed or seated for an extended time without repeated repositioning or turning to relieve the pressure.
Constant pressure on the skin restricts blood flow circulation, impeding necessary oxygen, and nourishment from reaching skin tissue. Without relieving the pressure, the sore could start developing in as little as two hours.
In some scenarios, nursing home patients have existing medical conditions and circulation problems, making skin breakdown inevitable. Even so, quality medical care by knowledgeable nursing home staff providing adequate attention and appropriate treatment could prevent a developing sore (Stage I) from advancing to a severe condition.
Severely advanced skin ulcers usually result from inattention and negligence when nursing staff fails to assist the patient when moisture from sweat, urine, or feces begins damaging the skin. A Stage I or Stage II could quickly advance to Stage III or Stage IV sore, where the wound becomes open, exposing muscle and bone and potential infection.
Family members placing a loved one in a nursing facility expect nurses to provide quality care around-the-clock to ensure the patient's health and well-being. In many incidences, the family is assured that loving, dedicated caregivers will continuously provide all necessities. Even with that assurance, pressure ulcer developments in eldercare facilities are an all-too-common occurrence.
Unfortunately, nursing home administrators often put profits ahead of providing quality care by cutting the staff member roster. Understaffing might cause a severe problem when the facility must meet the increasing demand for nursing home beds. The lack of quality nursing staff often leads to neglect by overworked nurses and nursing aides.
Advanced infected skin ulcers might cause permanent damage to the area, resulting in a life-threatening infection. With proper care, severe pressure wounds could be avoided if the admitting nurse and staff members take specific steps that include:
The staff must be trained on the apparent warning signs of pressure wounds to avoid severe damage to the patient's skin and underlying tissue.
Nursing facility management and caregivers have an ethical and legal obligation to protect every patient in their care. If the staff fails in their duties, nursing home patients could suffer deadly pressure wounds.
Did you, a family member, or friend recognize the initial stages of a loved one's developing skin breakdown? Contact professionals now to ensure that they receive the best treatment for deadly wounds. Use the form here to contact a reputable AL bedsore lawyer from the list below to stop the neglect of your loved one in cities including:
Contacting an aggressive advocate for your loved one is essential to protect their health, dignity, and rights to quality health care. Skilled Alabama neglect law firms offer a free no-obligation initial consultation to discuss facts and describe all available legal options to pursue a case and stop neglect. Contact our law firm today or through the contact form to schedule a free consultation.
Mobile Infirmary Association v. Tyler (981 So.2d 1077)
Attorney Brian Murphy
Licensed in Alabama
Alabama Nursing Home Injury Attorney Nursing Home Law Center LLC Home