When do you need an attorney if you are victim to nursing home abuse?
No person enjoys the idea of living in a nursing home, but sometimes it’s the only option we have with elderly parents. While the majority of nursing homes do offer their clients positive experiences, there are others that neglect the elderly individuals living on the premises. If it can be demonstrated that the nursing home is neglecting or abusing the individuals, they could be held liable for resulting injuries.
Steven R. Morris Attorney at Law can provide information of when to file a nursing home abuse lawsuit if you feel your loved one has suffered abuse while being cared for in a home for the elderly.
What is a nursing home liable for when there’s abuse or neglect?
While each case is unique, injuries incurred when living in a nursing home can result in lawsuits. The State of Alabama allows for punitive damages, which are intended to deter other nursing homes from engaging in similar behavior. Below are grounds for elderly filing nursing home abuse lawsuits:
1. Problems with abusive Staff
While each case is unique, injuries incurred when living in a nursing home can result in lawsuits. The State of Alabama allows for punitive damages, which are intended to deter other nursing homes from engaging in similar behavior. Below are grounds for elderly filing nursing home abuse lawsuits:
2. Understaffing resulting in unsuitable care of patient
According to a report from the Center for Disease Control, the average employee to resident ratio in nursing homes is 1:1.64. If the nursing home fails to hire a suitable number of staff members, the residents may be neglected as there are not enough employees to care for them. Moreover, a low employee-to-resident ratio results in more work for existing staff. This additional work can result in work stress, a loss of motivation, and a reduction in compassion for the residents. As such, the nursing home will be responsible for residents if they are injured based on an inadequate number of caretakers.
3. Inadequately trained staff
In certain cases, nursing home staff members are not provided with the correct training to handle disobedient or disabled residents; therefore, they are not able to offer a suitable level of care. In this situation, the inadequate training can result in resident injury and liability for nursing home abuse lawsuits.
4. Third-Party Responsibility Claims
A nursing home can be held responsible for third party abuse within the property. This is due to the home having a duty of care to the residents. For example, if a resident is injured by another individual’s guest or another resident, the nursing home is responsible as they failed to offer suitable security for the injured party.
5. Medication dispensing mistakes
Medication is a common factor in nursing homes, and residents can suffer if they are not given the correct dosage. If the resident experiences a prescription drug error, the pharmacy, pharmacist or physician can be held liable, as well as the nursing home.
6. Physical and Emotional Abuse
Physical abuse does not refer to battery exclusively. A resident can claim physical abuse lawsuits if they experienced overmedication, force-feeding or the excessive use of physical restraints. Emotional abuse can also result in nursing home abuse lawsuits. This refers to verbal threats, sarcastic remarks, insults or any behavior that results in mental abuse and emotional manipulation.
Contacting a caring and experienced nursing home abuse law firm
Best case scenario is having the ability to care for our elderly at home. But it’s just not possible in many cases. So, if you, a family member or friend has a situation that you feel an elderly family member has suffered abuse and been the victim of nursing home abuse in Alabama, please don’t hesitate to reach out to our office today. Your parent’s justice is our priority and we want to help you rectify the undesirable situation first, then get the compensation your family member may be due. Call us Steve Morris Law today or fill out the Free Consultation form on this page to get started.
