Mobile Nursing Home Lawyers
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. If you believe your elderly loved one has been harmed by a nursing home staff member’s actions, contact our Mobile nursing home lawyers at Belt & Bruner, P.C. as soon as you can.
Our first focus will be on your relative’s health and safety. Our next task will be to investigate how your loved one was harmed and who is responsible. With this information in hand, we can explain your relative’s options for pursuing justice and compensation. Contact us today at 251-243-0445 for a free case consultation with one of our Mobile personal injury lawyers.
When your elderly loved ones live in a nursing home or other type of care facility, they have the right to:
- Privacy, including private phone calls, email, and visits with family and friends
- Be treated with respect
- Be free from discrimination based on their personal characteristics
- Maintain as much independence as possible
- Manage their own money, finances, and property
- Receive all necessary and appropriate medical care
- Be free from neglect and abuse
- To make a complaint
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, 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.
Nursing Home and Elder Neglect
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.
Nursing Home Medical Malpractice
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.
Nursing Home and Elder Abuse
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.
Common Nursing Home Resident Injuries from Abuse and Neglect
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:
- One or more falls
- Broken bones, like a broken hip
- Mild, moderate, or severe traumatic brain injuries (TBIs)
- Serious infections, like UTIs
- Bed sores, also called pressure sores
- Cognitive impairments
Pursue Compensation for Your Injuries
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:
- Medical expenses
- Physical pain
- Mental anguish
- Loss of enjoyment of life
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.
Alabama Wrongful Death Law
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.
Call Our Mobile Nursing Home Lawyers for Assistance Today
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, 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.