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Montgomery Nursing Home Abuse Lawyer

nurse mishandling elderly patient

Some nursing homes do not provide the required standard of care, causing residents’ quality of life to deteriorate below acceptable levels.

If your loved one suffered an injury due to abuse or neglect in a nursing home in Montgomery, Alabama, you may be entitled to compensation. Let a Montgomery nursing home abuse lawyer from our firm help your family.

Rights of Nursing Home Residents in Alabama

Even though older adults have diminishing physical and mental abilities, there are state and federal laws enacted to protect their rights. Elder abuse has been a major problem throughout the USA. The National Council on Aging (NCOA) reports that about 1 in 10 adults over 60 years has experienced elder abuse.

Regardless of their age and physical/mental abilities, older adults have the following rights:

  • To be independent
  • To make their own decisions—or participate in decision-making
  • To be protected from harm
  • To be treated with dignity and respect
  • To preserve their privacy
  • To not be discriminated against
  • To not be neglected or abused
  • To receive appropriate medical care as necessary

Of course, these rights are enforced to whatever degree is possible according to their state of health. However, failing health and requiring assistance should not give any person a pretext to take advantage of an elderly person.

If your loved one’s rights were violated in the nursing home they reside, they (or you on their behalf) have a right to complain without fear of retaliation. Complaints are usually channeled to facility administration, then state officials (if nothing changes).

However, criminal acts should be reported to the police—if you suspect any physical abuse, financial abuse, or fraud, for example. If complaints to the administration are not acknowledged, it is helpful to consult a Montgomery nursing home abuse lawyer. They can advise you regarding the next steps, according to your case details.

Forms of Elder Abuse and Neglect in Nursing Homes

Elder abuse refers to intentional acts that violate the rights of a resident in a nursing home, intended to harm or injure the resident. Neglect, conversely, refers to omissions or careless actions that indirectly cause injuries to residents.

In the nursing home, doctors, nurses, nursing assistants, or other staff members may be sloppy, overworked, or careless when providing care. This can risk elder residents’ health or cause them to suffer various injuries. For example, a resident might fall after calling for assistance to leave the bed and go to the bathroom. Or they may contract an infection because of living in unsanitary spaces.

Other forms of nursing home abuse include:

Physical Abuse

Staff should not touch residents more than necessary to do their jobs. The following harmful use of force or physical contact is inappropriate.

  • Hitting
  • Kicking
  • Shoving
  • Slapping
  • Excessive use of force when restraining

These cause lacerations, bruises, cuts, swellings, skin discoloration, fractures, concussions, and other injuries

Sexual Abuse

Non-consensual sexual conduct towards male and female residents should be rectified, including harassment, contact, or assault. This also includes taking unwanted photographs, spying, exceeding necessary boundaries when grooming, among others.

Emotional Abuse

Verbal/nonverbal behaviors that cause mental anguish or emotional distress, e.g., belittling, humiliation, cursing, or gaslighting is emotional abuse. This often makes the resident retreat into themselves or develop mental health issues like anxiety, depression, or suicidal thoughts/tendencies.

Financial Abuse

Theft or fraud related to a resident’s estate, money, investments, personal items, or other financial transactions could entitle your loved one to compensation.

Injuries that may result from abuse and neglect include:

  • Head, neck, or spinal injuries
  • Broken bones and fractures
  • Infections
  • Bedsores
  • Malnutrition, dehydration, and unexplained weight loss
  • Mood disorders, anxiety, depression, and suicidal tendencies

For a free legal consultation with a Nursing Home Abuse Lawyer serving Montgomery, call (800) 842-6336

Medical Malpractice

Medical malpractice is another possible form of elder abuse. Alabama Code §6-5-580 describes the standards of care that healthcare providers must follow when tending to patients. It states that they should “exercise such reasonable care, skills, and diligence as other similarly situated health care providers in the same general line of practice” when facing the same circumstances.

Montgomery Nursing Home Abuse Lawyer Near Me (800) 842-6336

Recoverable Damages for Elder Abuse or Neglect in Montgomery

Has your loved one suffered an injury or died because of abuse or neglect, including medical malpractice, in a nursing home? If so, they (or their representatives) have the right to pursue compensation for any physical, psychological, or economic injuries or losses.

When making a civil claim, a lawyer can help you document evidence, interview witnesses, and build a strong case. Thereafter, they will help you to file a claim to seek compensation according to the injuries your loved one suffered. If your civil action suit is successful, you may receive the following compensatory damages:

  • Medical and rehabilitative care expenses
  • Physical pain and suffering
  • Mental anguish and emotional distress
  • Disability and disfigurement/physical limitations
  • Loss of enjoyment of life
  • Wrongful death, among others

Click to contact our Nursing Home Abuse Lawyers today

You Have a Limited Time to Act

In cases of personal injury or wrongful death, Alabama laws set the statute of limitations at only two years from the date of the incident. Considering the time necessary to gather evidence and build a case, you can see how this period flies right by. This is why you may want to get help from a Montgomery nursing home abuse lawyer as soon as possible after you discover signs of neglect or abuse.

Complete a Free Case Evaluation form now

A Montgomery Personal Injury Lawyer Will Help You Fight for Justice

At Pintas & Mullins Law Firm, we have fought on behalf of victims of nursing home neglect and abuse for decades. We will work hard to ensure that your loved one receives justice, while the perpetrators of the neglect or abuse are held accountable.

Call us at (800) 842-6336 to speak to one of our team members about your case. This meeting is 100% free and confidential—call us now!

Call or text (800) 842-6336 or complete a Free Case Evaluation form

Nursing Home Abuse Blog Posts:

What does poor hygiene mean What does Poor Hygiene Mean?

Poor hygiene is having bad or non-existent self-care that can lead to a messy appearance and health concerns. Having poor hygiene can be an indicator of other problems, like neglect. Generally, hygiene concerns should be resolved as quickly as possible. Depending on where someone lives, poor hygiene can mean different things. In nursing homes, poor ...

Failure to ensure the consumption of nutrition by residents Failure to Ensure the Consumption of Nutrition By Residents

According to the National Center on Elder Abuse (NCEA), seniors aged 65 and older make up approximately 85% of all nursing home residents in the United States. While some seniors still have the physical capacity to feed themselves, others require assistance eating and drinking. In either case, nursing home staff have an obligation to make ...

Common forms of physical abuse in nursing homes Common Forms of Physical Abuse in Nursing Homes

Serious nursing home abuse is often not reported, as some residents may avoid reporting abuse because of fear or embarrassment. Other residents may not have the physical or mental ability to stand up to an abuser or to report the situation. This is where vulnerable residents need the help of a third party to step ...

Failure to notice the first signs of weight loss Failure to Notice the First Signs of Weight Loss

According to the Centers for Disease Control and Prevention, neglect of the elderly comes in many forms. In the context of nursing home care, it can take the form of a lack of resources, improper staff training, or inadequate monitoring. Although regulatory agencies inspect and assess nursing homes to make sure that their residents–who are ...

Montgomery Nursing Home Abuse FAQ:

A neglected senior in a wheelchair Nursing Home Abuse Attorney

As our population grows older, the country must increasingly depend on specialized institutions for our senior population–specifically nursing homes and skilled care facilities. The nursing home abuse lawyers at Pintas & Mullins Law Firm represent families and individuals harmed by elder abuse throughout the country in nursing home abuse cases. Our commitment to this area ...

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