Montgomery Nursing Home Lawyers
There are dozens of nursing homes, assisted living centers, and rehabilitation facilities for the elderly in Montgomery County, AL. Many of them offer compassionate and professional care for their residents, ensuring their ailments are well-treated and their emotional needs are met. However, there are always exceptions to the rule. Some nursing homes do not promote an appropriate standard of care, or individual staff members at strong facilities harm the residents.
If your elderly loved one because a victim of these substandard facilities, then it is possible for them to suffer serious injuries. In this situation, you and your loved one need to learn about the legal options that are available to you. They may be able to pursue a civil claim against the facility for compensation. There may also be evidence of a crime that should be taken to the police. Contact our Montgomery nursing home lawyers at Belt & Bruner, P.C. today to learn more.
Nursing Home Residents’ Rights
It is all too easy for other adults to fall into the habit of treating all seniors like they are incapable or incompetent. However, your loved one’s diminishing physical or mental capabilities does not mean they lose their rights. No matter how others treat the elderly, they retain the right to be independent, to make their own decisions, and to be protected from harm. More specifically, nursing home residents still have a right to:
- Physical, psychological, and financial independence
- Freedom from discrimination
- Necessary and appropriate medical care
- Freedom from neglect and abuse
If your elderly loved one’s rights are violated while living in a nursing home, they have the right to complain, as well. They can take their complaints to the facility’s administration, and if nothing changes, they can complain to state officials. They can also call our Montgomery nursing home lawyers at Belt & Bruner, P.C. to learn more about nursing home residents’ rights and legal options.
Nursing Home Neglect
Elderly nursing home residents are commonly injured due to neglect. Common types of nursing home abuse and neglect include when physicians, nurses, nursing assistants, and other staff members are be careless or sloppy in their care, creating an environment that is neither clean or safe. When a nursing home is not appropriately clean and safe, and does not provide adequate necessities like food and water, residents are far more likely to suffer an injury. For instance, when staff members do not watch resident’s fluid intake and provider water, your loved one is more likely to suffer from dehydration, which can cause significant injuries. Or, if a staff member doesn’t help residents get around, your family member is more likely to suffer a fall while trying to get in and out of bed or walk around themselves.
If you believe your elderly loved one has suffered due to negligent care at a nursing home, contact us at Belt & Bruner, P.C. as soon as possible to learn how to correct the situation, keep your family member safe, and whether pursuing compensation is possible.
Types of Nursing Home Abuse
While elder neglect is based on careless or reckless care, nursing home abuse is due to intentional misconduct. Unfortunately, seniors in nursing homes may become victims to multiple types of abuse, including:
- Physical abuse, which encompasses any type of force and harmful physical contact. This includes hitting, kicking, shoving, spitting, and unlawfully restraining the senior. This often results in physical injuries such as bruises, lacerations, broken bones, concussions or more serious traumatic brain injuries (TBIs), and more.
- Emotional abuse, which can entail both verbal and nonverbal behavior that causes emotional distress and mental anguish. Consistent and long-term emotional abuse can have a profoundly negative impact on seniors who have few options to escape it or fight back. It can result in personality changes and mental health issues such as anxiety and depression.
- Sexual abuse, which involves any non-consensual sexual conduct toward men and women. This may include sexual harassment, sexual contact, or sexual assault. This risk is especially high when seniors are not fully mobile or unable to speak.
- Financial abuse, which can entail a number of unlawful actions related to a senior’s money, investments, personal items, and real estate. This is often perpetuated by a staff member exerting undue influence over a senior’s decisions, or forcing a senior into signing over property and accounts.
Common Nursing Home Injuries
Elder abuse and neglect can lead to a wide range of common nursing home injuries, including:
- Broken bones
- Traumatic brain injuries (TBIs)
- Infections, such as urinary tract infections
- Bed sores
- Diabetes-related issues like amputations
- Cognitive impairments>
Medical Malpractice Claims
All nursing home patients are entitled to receive medical care that aligns with Alabama’s medical standard of care, which in Alabama Code § 6-5-580 states physicians and other health care providers must “exercise such reasonable care, skills, and diligence as other similarly situated health care providers in the same general line of practice” would in similar circumstances. If your loved one suffered an injury because they did not receive proper medical care, contact our Montgomery medical malpractice lawyers about filing a medical malpractice claim.
Whether your loved one suffered from neglect, abuse, or medical malpractice, they may have the right to pursue compensation for their physical, psychological, and financial injuries, which includes:
- Medical expenses
- Physical pain
- Mental aguish
- Physical limitations
- Loss of enjoyment of life
Alabama Wrongful Death Law
If neglect, abuse, or medical malpractice caused your loved one’s death, contact us at Belt & Bruner, P.C. immediately for help with nursing home wrongful death cases. You may have the right to pursue a wrongful death claim through which your loved one’s heirs may obtain punitive damages. Alabama’s wrongful death laws can be complicated. It is important to speak with an experienced Montgomery wrongful death attorney to determine who may file a wrongful death claim. It is also important to be prepared for the amount of compensation your family may receive, and how the law dictates it must be divided.
Contact Our Montgomery Nursing Home Lawyers for Help Today
When your loved one chose to move into a nursing home, or you had to make that tough decision, you both expected them to receive great care. The purpose of moving into the facility was to ensure they received medical care for their conditions, had help with daily tasks, and could live the happiest and healthiest life possible.
If your loved is a victim of negligent care or abuse that caused them harm, they have the right to seek justice and compensation for their injuries. Nursing homes that do not uphold their legal duties in caring for seniors should be held responsible for their actions. Belt & Bruner, P.C. will help you hold these careless facilities and employees accountable.