FIGHTING TO PROTECT VICTIMS OF ABUSE IN NURSING FACILITIES
Seeking the Compensation You Deserve
Our country’s graying baby boomer generation is creating an increased demand for nursing home care. The growing number of elderly citizens who need long-term care in their later years has led to higher incidents of abuse in nursing homes and facilities.
If your loved one has suffered abuse in a nursing home abuse, he or she is entitled to make a claim to recover damages against the home’s owners and/or staff responsible for the safety of its residents. Our experienced Alabama nursing home abuse lawyers can provide skilled and compassionate care throughout your claim.
Call Caldwell Wenzel & Asthana today at (251) 313-7508 or contact us online to schedule a free consultation with one of our experienced nursing home abuse lawyers in Alabama.
Common Causes of Nursing Home Abuse
Elder abuse and neglect in nursing homes are often attributed to:
- Failure to screen staff
- Understaffing
- Inadequate training
- High turnover rates
- Hiring staff members who lack compassion for their patients
Nursing Home Abuse Statistics
These statistics display the shocking extent of the abuse of the elderly in our nation’s care facilities:
- An estimated 10 percent of nursing home residents are being abused.
- 90% of all nursing homes are understaffed.
- 1 in every 3 nursing homes has been cited for patient abuse.
- Only 1 of every 5 incidents of abuse or neglect is reported to anyone; only 1 in 14 is reported to the proper authorities.
- 1 in 25 nursing home residents is a victim of financial abuse.
Types of Nursing Home Abuse
- Neglect of patients resulting in bedsores, dehydration, malnutrition, infection, and poor hygiene.
- Physical abuse, including slapping, pinching, restraining, or overmedicating.
- Emotional abuse, including verbal insults, humiliation, threats, and/or isolation.
- Sexual abuse, including sexual harassment, unwanted touching, genital contact or penetration, or unwanted exposure to pornography.
- Financial abuse, such as cashing a patient’s checks without their knowledge, forging a patient’s signature on a check, stealing a patients’ money or possessions, tricking or forcing a patient to sign a will or other financial document.
Signs of Abuse in Nursing Homes
Studies have shown that nursing home patients who receive few visits are more likely to be neglected or abused. By visiting your loved one frequently without advance warning to the staff, you will be better able to observe if anything is amiss that might indicate neglect or abuse. If you suspect neglect or abuse, consulting a nursing home neglect lawyer can provide guidance and help protect your loved one’s rights and well-being.
Look for these signs when visiting your loved ones in a nursing or care home:
- Unattended wandering
- Observable weight loss or sunken appearance
- Bedsores
- Bruises, especially on wrists and ankles
- Torn garments
- Blood on undergarments
- Fearfulness and withdrawal
- Matted hair, body odor, and other signs of poor hygiene
- Unsatisfactory answers to your questions by staff
- Signs of overmedication
- Missing possessions
- Frequent visits to emergency rooms of different hospitals
Many elderly people fail to report abuse because they fear retaliation or because they are cognitively impaired and unable to communicate. If you observe any of these signs of possible abuse, report them to Senior Protective Services and consult a nursing home abuse attorney.
How to Report Neglect in a Nursing Home
In Alabama, call the Adult Abuse Hotline at 1-800-458-7214 to report suspected elder abuse or neglect. Also for elder complaints, contact the ElderCare Hotline at 1-800-356-9596.
Reports can also be made to the local county sheriff’s office, chief of police in your town, or any county Department of Human Resources. A local DHR office is located in each county within the State of Alabama. Following are some government agencies that you can also contact to get help with elder neglect and abuse:
Alabama Department of Human Resources, Adult Protective Services
Alabama Department of Senior Services
Alabama Attorney General’s Office
COMPLAINTS AGAINST NURSING HOMES
You can also file a complaint against a nursing home with Alabama Public Health by filling out a Nursing Home Complaint Form. Other ways to file a complaint include:
- For nursing home complaints, email: NHComplaints@adph.state.al.us
- Write a letter of complaint addressed to: ATTN: Complaint Unit, Alabama Department of Public Health, Bureau of Health Provider Standards, 201 Monroe Street, Suite 700, Montgomery, AL 36130-3017
COMPLAINTS AGAINST ASSISTED LIVING FACILITIES
- E-mail ALFComplaints@adph.state.al.us
- Call the Assisted Living Facilities complaint hotline at 1-866-873-0366
Experienced Counsel for Victims & Families of Nursing Home Abuse
Caldwell Wenzel & Asthana is an excellent resource for information, advice, and legal representation to assist victims and families of nursing home abuse. We are deeply committed to preserving the dignity and well-being of the older members of our state and community and are passionate about holding nursing home facilities accountable for failing to offer proper care to its residents.
Client Testimonial
”This law firm has been nothing less than a delight to be associated with. Randall Caldwell and his team have been hard at work on my case since I first came to them for help. In the meantime, every legal matter I have had questions, concerns, or needed any repressentation with, they have not hesitated to step out of their normal proceedings to help their client. Deborah and Jackie have been EXTREMELY helpful during all of this. Deborah has gone beyond helpful, postponing her schedule to work on urgent matters of mine. Any time I go to the office, the staff is friendly and professional and everyone always speaks to me. It’s very refreshing to always feel so welcome. My appreciation for this law firm and associates can not be expressed in words. I trust all of these people here and recommend them to everyone.” – Shelby Godwin (Google Review)
Statute of Limitations for Personal Injury Claims
The statute of limitations for personal injury cases in Alabama is generally two years (Ala. Code. Sec. 6-2-38). This means that if you want to sue a nursing home for neglect of your loved one, you must file the lawsuit within two years of the injury event, unless there are exceptions that apply. Such exceptions to the two-year rule could arise if the victim is mentally impaired or if the injury is not immediately known.
Contact a Nursing Home Neglect Lawyer Today
If you suspect your loved one is experiencing nursing home neglect or abuse, take action right away by calling Caldwell Wenzel & Asthana. We can help you gather information, communicate abuse to authorities, and understand your legal options. Our legal staff is caring and compassionate, and we understand that you are going through a very difficult and sad experience. Older adults should never be exposed to neglect and abuse. A skilled and experienced personal injury lawyer at our firm can help you seek financial damages and get the justice you deserve if your loved one has been injured due to nursing home neglect.
Mobile, AL, Nursing Home Neglect Lawyer Answers Frequently Asked Questions
When you have a loved one in a nursing home, it can cause worry and anxiety if you feel they’re being neglected. We all want our loved ones to be kept safe. Following are some common questions we see from family members.
What causes nursing home neglect?
There are several things that can cause nursing home neglect. Some of these include:
- Lack of training among staff and failure to screen staff
- Insufficient financial and medical resource
- Understaffing
- Lax supervision, standards, and oversight
- High turnover rates
- Cost-cutting and negligence among nursing home owners and operators
- Careless licensing and inspections
- Underreporting of neglect and abuse by families and staff.
Will I be protected by law if I report nursing home neglect?
Yes, the Adult Protective Services Act of 1976 provides you immunity from civil or criminal liability for reporting or participating in judicial proceedings concerning elder neglect or abuse.
Is there nursing home neglect during COVID?
Yes, in some cases nursing home neglect has been even greater during the COVID pandemic. Facilities are more short-staffed; they may or may not have the appropriate masks and personal protective gear; and family members have been prohibited from visiting loved ones in nursing homes for weeks at a time during surges of the virus. This reduced personal contact and oversight can lead to more instances of neglect.
Can I sue for wrongful death if my loved one died of nursing home neglect?
Yes. If your loved one died in a nursing home due to neglect or abuse, you can seek financial damages by filing a wrongful death lawsuit. While it won’t bring back your loved one, it can provide financial resources to pay medical bills and funeral and burial costs, as well as compensate for the pain and suffering your loved one endured.
What information should I include if I’m reporting suspected nursing home neglect?
Include as much basic information as possible, such as the name, age, and address of the alleged neglect victim; the name of the nursing home; and a description of the injuries. Also provide any facts you can about the circumstances of the neglect or abuse, such as what time of day, where and with whom the neglect or abuse occurs. Be sure to leave your name, phone number, and/or email address so that authorities can reach back out to you if needed.
