Nursing homes in Birmingham, AL, should provide a healthy and comfortable environment for their senior residents. Unfortunately, residents may experience neglect or abuse. If you worry that your loved one may be suffering abuse in a nursing care facility, don’t hesitate to contact an attorney.
Our Birmingham nursing home abuse attorneys understand the heartbreaking nature of your situation. The compassionate attorneys at Morris Bart & Associates, LLC want to investigate your case and put a stop to your loved one’s abuse. Learn how we may help your family.
The Upsetting Reality about Nursing Home Abuse
The rates of nursing home neglect and abuse seem to be increasing as more and more people are living longer and depending on nursing home facilities. There are approximately 1.4 million seniors living in nursing homes in the United States alone.
Due to the complicated nature of nursing home abuse, there isn’t an exact number of how many seniors have suffered abuse. Roughly one out of every 10 seniors have been subjected to some type of elder abuse.
The true numbers are likely much higher. Nursing home abuse cases are believed to be widely under-recorded. One study estimated that for every known case of nursing home abuse, 23 cases go unreported.
For a free legal consultation with a Nursing Home Abuse lawyer serving Birmingham, call (205) 380-4158
Types of Nursing Home Abuse in Birmingham, AL
There are several types of abuse a resident may encounter in a nursing home. Unfortunately, some forms are difficult to detect. Your loved one may have experienced:
- Physical abuse
- Verbal abuse
- Emotional abuse
- Sexual abuse
- Financial abuse
Regardless of the abuse your loved one suffered, a nursing home abuse attorney in Birmingham from Morris Bart & Associates, LLC can help with your case.
Birmingham Nursing Home Abuse FAQ
If your loved one has been mistreated in a long-term elder care facility, you need to act fast and know what to do. A Birmingham, Alabama, nursing home abuse lawyer can answer your questions and provide guidance on the steps to take to reach a just resolution.
What Is Considered Nursing Home Abuse?
It may be difficult for you to protect your loved one if you do not know how to recognize nursing home abuse. Red flags to look for include:
- Rapid weight loss
- Unexplained bruising or injuries
- Frequent infections or sickness
- Medication errors
- Change in personality
- Financial problems
- Changes to your loved one’s will
An abused senior may not present visible indicators. If your relative is suddenly less talkative or seems to be afraid of staff members, there may be cause for concern.
What Is Considered Nursing Home Neglect in Alabama?
Nursing home neglect in Alabama and throughout the nation is defined by a nursing home resident’s lack of proper care, resulting in physical and mental health problems.
According to the CDC, “Neglect is the failure to meet an older adult’s basic needs. These needs include food, water, shelter, clothing, hygiene, and essential medical care.” Neglect is a type of nursing home abuse.
Examples of nursing home neglect include:
- Medical neglect: Not calling a doctor or nurse when needed; not treating a resident’s injuries or illnesses
- Neglecting basic needs: Not giving residents enough food or water; not giving residents a clean, safe environment
- Neglecting personal hygiene: Not cleaning a resident daily who cannot clean themselves; not changing a resident’s clothes or bedding regularly; disregarding sanitary needs
- Neglecting social and emotional needs: Leaving a resident with mobility issues in their room for hours at a time; failing to provide residents with social and emotional care
Nursing home neglect often stems from inadequate staffing, negligent hiring practices, and poor training. If these reasons have caused your loved one to become neglected in their assisted living facility, a nursing home abuse attorney can help.
How Long does It Take to Settle a Nursing Home Lawsuit in Birmingham?
If you are ready to initiate a nursing home abuse lawsuit, know that the road ahead may be long. The average civil suit against a nursing home will settle in 18 to 24 months. However, cases pursuing higher settlements can take longer and sometimes go to trial. Be prepared for a lengthy process.
Nursing home lawsuits in Birmingham can be emotionally and financially taxing. In a typical case, before it settles, several stages occur that take time to develop within the justice system. You will have:
- Evaluation: A nursing home abuse attorney will review the facts of the case through investigation and testimony. Choosing the right nursing home abuse lawyer from the start will factor significantly in how long this process might take.
- Notice of claim/lawsuit filing: If your case has merit, your attorney will notify the defendant of the pending civil suit, outlining your claims against them.
- Discovery: During this period, each side will present evidence to the other, which can include documents, witness testimonies, medical records, and other relevant details.
- Demand letter: Your attorney will issue a demand letter to the nursing home, outlining your pretrial demands. Typically, these demands are to take or desist certain actions.
- Mediation: Failing the nursing home to accept your demands, mediation will be scheduled to attempt a resolution agreement.
- Settlement/trial: Should a resolution agreement be reached, it will likely result in a settlement offer. If you decide to accept, the legal matter ends there. If you do not accept, or if no resolution agreement is reached, the case will go to court.
If You Suspect Nursing Home Abuse
If you think your loved one in a nursing home is being abused or neglected, do not cast these thoughts aside. Trust your instincts and look into the matter. You should report it to the proper authorities and may even need to get Adult Protective Services involved.
One of the best ways to help your relative and the other residents is to enlist the help of a Birmingham nursing home abuse attorney. Our law firm can review your case for free and tell you if we agree with your suspicions.
Our sympathetic attorneys have been helping families with similar cases for decades. We don’t want anyone to suffer from nursing home abuse.
How a Nursing Home Abuse Lawyer Can Help You
We will handle your case with compassion and confidentiality. We understand the sensitivity needed in this type of situation and we will support you throughout the legal process.
We will investigate your claim and find the root cause of the abuse. Your lawyer will fight for your loved one’s rights and do right by your family.
We Can Prove the Nursing Home Was Negligent
The success of your case depends on your lawyer’s ability to establish that the nursing home was negligent in its duties. Your attorney will collect evidence to establish a connection between your loved one’s injuries and the facility.
Your lawyer will demonstrate that:
- The nursing home owed your relative a reasonable duty of care
- Staff members violated that duty of care
- The violation caused your loved one to suffer physical or mental harm
- Your senior relative endured damages as a result of nursing home abuse
Speak With a Birmingham Nursing Home Abuse Lawyer
Nursing home abuse is a terrible misfortune that no one should have to endure. A nursing home abuse lawyer in Birmingham from Morris Bart & Associates, LLC can help you amend the situation. Take legal action against the negligent nursing home to prevent other families from the same hardship.
Call our law firm 24/7 to get started on your case. We offer free consultations and work on a contingency. Get the legal care you need without out-of-pocket expenses.
Questions?Call (205) 380-4158
to find a Morris Bart office near you.