When elderly individuals move into a nursing home, life changes. They do not have as many options as they did before. It is a decline in their freedom. However, they retain many of their rights. The limitations that are necessary for their health and safety are not there to infringe upon their civil liberties as individuals. Instead, any limitations or other rules put in place should be there to help your loved one maintain their health and safety as long as possible. A nursing home should be where your relative’s health can improve or remain relatively stable.
However, nursing home and other care facilities are run by people, which means there is always a chance for negligence. There is a risk that your loved one will be hurt by a physician, nurse, nurse’s assistant, or other staff member’s carelessness, recklessness, or intentional misconduct.
It’s always a big question: “When do I need a lawyer?” The stakes are even higher when it concerns your loved one’s health and safety in a Mobile County nursing home. The first question to answer is whether your loved one’s been hurt recently? Did they suffer a specific injury, or has their condition deteriorated? If yes, the next step is to consider why. With age can come additional risks and injuries. But if you suspect your loved one’s condition is because of negligent care, medical malpractice, or abuse, call a Mobile nursing home lawyer immediately.
You and your family might not suspect elder neglect or elder abuse at first. That’s why we offer information on what neglect and abuse encompass. After learning more about nursing home neglect and abuse, you may start to see the signs. You may also have a frank conversation with your loved ones if they’re able.
Whenever you suspect elder abuse, neglect, or malpractice, we recommend calling an experienced Mobile nursing home lawyer to investigate. As an experienced nursing home law firm in Mobile, we’ve handled all sorts of situations. We’ve seen it all, from neglect related to staffing shortages to outright abuse. Through an in-depth investigation, we’ll find out what’s going on with your relative and while they’re suffering.
If we uncover evidence of neglect, abuse, or malpractice, we’ll discuss your legal options. You may have the right to file a lawsuit and demand compensation.
When you suspect nursing home negligence or abuse, you need a legal representative experienced with these matters. Not all personal injury and wrongful death attorneys in Mobile have worked on nursing home cases, whereas we’ve successfully handled these claims for decades. We have a thorough understanding of nursing home processes and Alabama nursing home and elder law.
Our knowledge, experience, and unique insights will help you and your family decide what to do. In these situations, you need more than facts. We’ll explain all of your options, the worst- and best-case scenarios, and the most likely outcome to a legal claim. We can’t predict the future, but we can give you all of the information you need to make whatever decision is right for your family.
We understand how challenging these situations are. Your loved one moved to a nursing home to receive daily care and improve or maintain their health. You trusted the staff would care for your relative, and instead, you’re now worried the staff is hurting them. We’re here to investigate and protect your loved one’s health and safety. We know how important it is to hold nursing homes in Mobile to a high standard for all the residents’ sake.
If you’re ready to learn more about your relative’s rights and how we can help, schedule a consultation at our Mobile office at 2051 Dauphin St., Suite A.
When your elderly loved ones live in a nursing home or other type of care facility, they have the right to:
To learn more about your elderly loved one’s rights while living in a facility in Mobile County, contact our experienced Mobile nursing home lawyers at Belt, Bruner, & Barnett P.C. This can be a difficult adjustment for your senior relative, yourself, and the rest of your family. Understanding your loved one’s rights, the warning signs that their rights are being violated, and your options after such a violation is important. It can help you feel more in control of this situation and protect your relative.
An extremely common issue within nursing homes and care facilities is elder neglect. This occurs when a senior does not receive the care they should. Common types of nursing home abuse and neglect include when the facility’s staff members are careless about the environment, allowing your loved one live in a dirty room or sleep on soiled bedding. The staff members intentionally do not bathe your loved one as often as is necessary, causing them to smell, develop skin conditions, or develop urinary tract infections.
If your loved one is not fully mobile and needs help getting around, staff members need to ensure they can safely get in and out of bed, use the toilet, and obtain food and water. Without this necessary help, your loved one is more likely to fall. Also, if the staff neglects helping your relative move, they may end up laying or sitting in the same position far too long and develop bed sores.
If a facility is under-staffed, staff members are not property trained, or staff members are idle instead of performing their tasks, your loved one and other residents can suffer. If your relative is physical or psychologically injured because of elder neglect, contact our Mobile nursing home lawyers right away.
When your loved one is living in a nursing home or any other facility that provides medical care, they should receive appropriate and necessary medical attention in accordance with Alabama’s medical standard of care. Under Alabama Code Section 6-5-548(a), when caring for their patients, doctors should “exercise such reasonable care, skills, and diligence as other similarly situation health care providers in the same general line of practice” would in similar circumstances.
When your relative is at an advanced age and relying on other people to take care of them, they should be able to trust that the doctors, nurses, and staff members will do everything in their power to prevent their condition from getting worse. When a medical professional is careless and fails to maintain their duty of care, causing your loved one harm, then you need to focus on getting your loved one medical attention immediately and how to hold the facility responsible for their harmful conduct.
Beyond medical malpractice and neglect, some nursing home residents experience intentional abuse, which causes them a great deal of physician, emotional, and financial harm. Some abuse is physical. Nursing home abuse can also be sexual, involving non-consensual sexual contact and sexual assault. However, elder abuse does not have to be physical in nature at all. It can also be psychological and emotional. A caretaker can isolate a senior, ignore them, call them names, humiliate and ridicule them, causing the senior extreme emotional distress.
Additionally, elder abuse does not have to physical or psychological harm the senior. Nursing home staff members may take advantage of the senior’s conditions for monetary gain. When an individual manipulates, coerces, exerts undue influence, or forces an elderly person to give them money, property, or control over their accounts and/or real estate, this is financial abuse.
Whether your loved one has been physically, sexually, psychologically, or financially harmed by someone at or through their nursing home, call our Mobile nursing home lawyers immediately. All of these forms of elder abuse can potentially lead to civil claims and criminal charges.
We’ve successfully represented clients who have suffered many types of injuries, and we’ll do our best to pursue maximum compensation for your losses. We will deliver the attention you deserve and take care of all the details of your case so you can focus on recovery.Read More Reviews
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I would certainly recommend Belt, Bruner & Barnett, P.C., because of their knowledge and expertise. They’re wonderful to work with.
He [Keith Belt] worked relentlessly and went above and beyond the call of duty. He’s just an incredible man and an incredible attorney.
When your loved one is a victim of neglect, medical malpractice, or abuse, you may see them suffer from one or more common nursing home injuries including:
If your loved one was injured because of a nursing home staff member’s conduct, then they may have the right to pursue compensation for their physical, psychological, and or financial injuries. Medical malpractice, elder neglect, and elder abuse cases result in a variety of damages, including:
Depending on the situation, the nursing home staff member or owner may be criminally liable. If our Mobile nursing home lawyers find evidence that one or more individuals broke the law in regard to how they treated your relative, we will take this information to the appropriate authorities so that prosecutors can determine if they should file charges.
Nursing home neglect, abuse, and medical malpractice can do far more than just injure your relative. It can lead to your loved one’s early death. If you believe a nursing home staff member or multiple staff members are responsible for your loved one’s death, contact our attorneys immediately. If there is evidence that a person’s negligence, omission, or wrongful act led to your loved one’s death, then we will explain Alabama’s wrongful death law and how it applies to your nursing home wrongful death case. The personal representative of your relative’s estate can file a wrongful death action against the liable party and seek punitive damages, which would be distributed to your loved one’s heirs.
It can be extremely difficult to tell when your loved one’s worsening condition or new injury is the result of old age or poor health, or when it is the result of neglect or abuse. If you see any signs that your loved one is being mistreated and it is having physical, psychological, or financial consequences, call Belt, Bruner, & Barnett P.C. as soon as you can.
We understand the difficulties of nursing home resident cases, yet we also know how to investigate the circumstances and determine when a facility or individual is liable for your relative’s injuries. We have more than 65 collective years of experience and a proven track record of success in elder and nursing home cases.