Alabama Elder/Nursing Home Abuse Lawyer
If you suspect that your loved one is in any kind of life-threatening danger anywhere, call 911 or your local law enforcement agency. If you suspect that abuse is taking place in a nursing home in Alabama, but don't believe it is life-threatening, you should contact the Alabama Department of Public Health or a qualified elder/nursing home abuse attorney.
Nursing homes have been regulated by the United States federal government since Medicare and Medicaid services were first offered in 1965. The guidelines that were developed at that time have evolved over the years and are now governed by the U.S. Department of Health and Human Services. The rules and regulations have defined standards which are meant to prevent abuse to nursing home residents, including those in Alabama.
The definition of elder abuse includes any mental or physical injury or death caused by the willful act or recklessness of another person through word or deed. It also refers to the failure to act to prevent such injury or death from occurring. This includes neglect. If a resident has bruises, broken bones, or experiences a sudden change in physical or mental health, abuse should always be suspected and duly reported in a request for an investigation.
A nursing home resident should not be threatened with punishment, intimidated, or humiliated for any purpose. Instances of mental abuse have been reported due to practices that seclude residents against their will, prevent them from interacting with other residents or prevent them from accessing their room. Use of verbal, written, or gestured language that may convey derogatory or disparaging remarks is also considered abuse, even if the mental state or disability of the resident prevents comprehension.
Sometimes the abuse is simply in the failure to take action to prevent injury or death, such as in cases of neglect. Bruises, broken bones, or a sudden decline or change in physical or mental health, are signs that a resident may be a victim of abuse.
A less common problem in nursing homes is the abuse of a resident by another resident.
In Alabama, monitoring of nursing home and caregiver provided assistance is not always adequate. If you suspect that the rights of a nursing home resident or other person subject to the attentions of a caregiver are being violated, you should contact an elder/nursing home abuse attorney to give counsel or to pursue action in order to assure that the safety and well-being of the victim are protected.
It is the goal of nursing home and elder abuse attorneys to prove claims that the negligent behavior of someone who owed a greater standard of care to an elderly person resulted in preventable suffering, and to therefore win full and fair settlements. Such settlements should cover all damages including medical bills, pain and suffering, and burial expenses for these neglected individuals and their families by way of negotiation or trial.
Expertise in this area of personal injury law allows these attorneys to overcome hurdles put in place by insurance companies or attorneys defending nursing homes or caregivers. They are knowledgeable of state laws regulating the nursing industry and others involved in caring for the elderly. Elder abuse and nursing home attorneys have developed special relationships with state agencies responsible for monitoring the behavior of nursing and medical facilities and help elderly persons ensure that their rights have not been violated by these agencies.
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