What Are Your Rights in Cases of Nursing Home Abuse and Neglect?
When we entrust the care of our loved ones to a nursing home, we expect them to be treated with dignity, compassion, and respect. Unfortunately, this is not always the case. Instances of nursing home abuse and neglect occur far more frequently than most of us realize.
If you or a loved one has experienced mistreatment in a nursing home, it’s important to know your rights. Nursing home cases can be complicated. They can involve state and federal laws, as well as medical and psychological factors. Without an attorney, families may not get the justice or compensation they deserve.
At Whit A. Thomas, Attorney at Law, we have represented victims of nursing home abuse throughout Alabama, including Baldwin County, Escambia County, Mobile County, and Monroe County, for over four decades. We strive to fight for accountability and fair compensation by helping you understand your rights and what to do if you suspect nursing home abuse has occurred.
Understanding Nursing Home Abuse and Neglect
Nursing home abuse can take many forms, including physical, emotional, sexual, and financial abuse. Neglect, on the other hand, involves the failure of a nursing home staff or institution to provide the standard of care required for a resident’s health and well-being. Some of the common signs of nursing home abuse include the following.
Unexplained injuries such as bruises, cuts, or burns
Drastic changes in behavior such as fearfulness or withdrawal
Bedsores or infections due to inadequate care
Sudden weight loss or signs of dehydration or malnutrition
Missing personal belongings or unauthorized changes in financial accounts
If something feels off about your loved one's safety and well-being in a nursing home, it’s important to trust your instincts. Abuse and neglect can happen to anyone, regardless of the reputation or quality of the facility, so stay vigilant and proactive.
Alabama Laws and Nursing Home Abuse
Alabama has clear laws to protect nursing home residents from abuse and neglect. The Alabama Elder Abuse Protection Act was established to safeguard the elderly from financial, physical, and emotional harm.
Under this law, any intentional harm or the failure to provide care that harms or places a person at risk of harm is considered abuse. Nursing home residents in Alabama have the right to a safe and respectful environment, including:
The right to be free from abuse and neglect.
The right to proper medical treatment and care.
The right to make personal decisions about their care.
The right to a grievance process if they feel mistreated.
When nursing home abuse or neglect occurs, victims and their families often have legal grounds to pursue a civil claim to recover damages. Alabama law allows for compensation for medical expenses, pain and suffering, and even punitive damages in severe cases.
However, Alabama has a strict statute of limitations that restricts your time to file a claim. For both personal injury claims and wrongful death claims, the statute of limitations is two years from the date of the incident or the victim's death.
In addition, Alabama also has protective laws specifically for vulnerable adults, such as those over the age of 65 or with disabilities. These laws include mandatory reporting requirements for healthcare professionals and other caregivers.
Steps to Take If You Suspect Nursing Home Abuse or Neglect
If you believe that your loved one has been abused or neglected in a nursing home, there are certain steps you should take to protect their safety and advocate for their well-being. These steps include the following.
Document the evidence: Note any signs of physical abuse (bruises, cuts, etc.) and behavior changes. If possible, take photos and keep a journal with all relevant dates and details.
Report the abuse: Inform the nursing home management team immediately. Request written documentation of their actions to address the issue. You can also file a complaint with Alabama’s Department of Public Health.
Seek medical attention: If your loved one has been injured or become ill due to neglect or abuse, seek medical treatment as soon as possible. A medical report can provide comprehensive proof of their condition.
Contact an experienced attorney: Acting quickly can protect your loved one and make sure the necessary legal steps are addressed thoroughly and correctly. An attorney can advise you on the best course of action and help you build your case.
Speak to witnesses (if possible): If other residents, staff members, or visitors have witnessed questionable behavior that could be evidence of neglect or abuse, ask if they are willing to share what they observed. Their testimonies may support your claims.
Follow up persistently: After reporting the issue and taking the initial steps, continue to closely monitor the situation. Regularly check on your loved one and follow up with the appropriate authorities to make sure the matter is being properly addressed.
Nursing Home Abuse Attorney Serving Baldwin County, Alabama
Nursing home abuse and neglect are serious and can significantly impact the safety and health of your loved ones. At Whit A. Thomas, Attorney at Law, we are dedicated to helping victims of nursing home abuse, neglect, and other personal injury cases. With decades of experience, we understand what it takes to secure fair compensation for clients facing such challenges.
Located in Foley, Alabama, we serve clients throughout Baldwin County, Escambia County, Mobile County, and Monroe County. Contact us today to schedule a free initial consultation.