Nursing Home Neglect Lawyer

You place a loved one in a nursing home to ensure that they get the 24-hour care and attention they need to live the remainder of their years in a safe and nurturing environment.  You likely did a lot of due diligence and research before choosing a nursing home, because you wanted to make sure your loved one was in good hands.  Imagine the betrayal and disbelief family members feel when they begin to suspect or discover that their loved one is being neglected or abused by the very staff that is supposed to protect and care for them.  A nursing home neglect lawyer can be your strongest advocate if you want to take legal action against a negligent nursing home.

In Alabama, The APS Act of 1976 specifically addresses abuse, neglect and exploitation of adults who are incapable of protecting themselves and who may not have anyone who is able to protect them.  This includes neglect and abuse in nursing homes.  Laws have been established to protect society’s most vulnerable individuals, including elder adults in private and public healthcare facilities.

If you suspect your loved one has been neglected in a nursing home, call a skilled and experienced nursing home neglect lawyer at Caldwell Wenzel & Asthana at (251) 444-7000.  We can assess your situation and explain your legal options.  The phone call is free.

How to Choose the Best Nursing Home Neglect Lawyer in Alabama

There are many Alabama lawyers to choose from, but a nursing home neglect lawyer is highly specialized and harder to find.  The skilled and experienced nursing home neglect and abuse attorneys at Caldwell Wenzel & Asthana stand head and shoulders above the competition.  Our attorneys are aggressive, focused and relentless when investigating and litigating nursing home abuse cases.  We are experienced litigators and are not afraid to argue your case in front of a judge and jury if your loved one was injured or died due to nursing home neglect.  We excel in the courtroom.  We listen closely to our clients, examine the evidence, and will file a nursing home neglect lawsuit to get the justice you deserve.  To learn more about our exceptional legal team, read our attorney bios.  You can also see our law firm successes by reviewing our proven case results.

Our attorneys understand what you are going through and know that a successful personal injury case can alleviate the financial challenges you may be facing due to your loved one’s nursing home neglect. We can help by:

• Determining whether you have a case and what it may be worth
• Investigating what happened to prove the defendant’s negligence by gathering evidence from surveillance cameras, eyewitnesses, and medical reports
• Hiring experts to testify on your behalf
• Filing all paperwork in a timely manner
• Negotiating with insurance companies for a fair settlement
• Taking your case to court if necessary.

FAQs

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 do I do if I suspect nursing home neglect?

It’s important to report neglect promptly to the proper authorities. First, be your loved one’s advocate within the nursing home itself by asking questions of staff and reviewing medical and treatment reports. If you suspect neglect, report it to nursing home managers, the county sheriff’s department, the county and state department of human services, and any other elder advocacy agencies in your area.

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.

Examples of Nursing Home Neglect

Nursing home negligence lawyers in Alabama have seen several types of neglect.

There are different kinds of neglect and abuse of older or disabled residents in nursing homes.  We often quickly think of physical neglect – which is, indeed, important – but there are also other kinds of neglect and abuse to watch out for.  Here are examples of nursing home neglect:

• Physical neglect, including failure to bathe, feed, provide medication or otherwise physically care for a resident.
• Emotional neglect, including isolation, indifference, failure to speak to and interact with, and failure to provide stimulation or recreation.
• Financial neglect and abuse, such as failing to maintain accurate patient financial records, cashing a patient’s checks without their knowledge, or forging a patient’s signature on a check.

Warning Signs of Elder Neglect or Abuse

There are certain things to watch out for and make note of if you begin to suspect that your loved one is suffering neglect at the hands of nursing home staff.  These include:

• Bedsores
• Falls
• Malnutrition and weight loss
• Broken bones and fractures
• Drowsiness and oversleeping
• Medication errors or missed dosages
• Emotional abuse like yelling, swearing, taunting, or humiliating
• Signs of sexual abuse such as blood in underwear, unexplained cuts and bruises, and sexually transmitted infections
• Torn garments
• Unattended wandering
• Fearfulness and withdrawal
• Bruises, especially on wrists or ankles
• Matted hair, body odor, and other signs of poor hygiene
• Frequent trips to emergency rooms
• Missing or stolen personal items
• Dehydration.

The following statistics show how widespread and endemic neglect and abuse of the elderly is in our nation’s care facilities:

• An estimated 10% of nursing home residents are being abused.
• 90% of all nursing homes are understaffed.
• 1 in 3 nursing homes in the U.S. has been cited for patient abuse.
• Only 1 of 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.

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

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.  To find out more about how we can serve you, call us for a free initial consultation at (251) 444-7000.