When a nursing home acts negligently, recklessly or intentionally that nursing home or its employees may be held liable for the resulting damages. Damages available in a nursing home negligence or abuse lawsuit may include medical bills, pain and suffering, disfigurement, disability and, under the worst circumstance, the suit may result in a wrongful death claim. Alabama allows a plaintiff too seek punitive damages when the nursing home’s conduct is intentional or wanton.
There are numerous ways a nursing home may negligent in causing a patient’s injuries. Nursing homes are obligated to their residents to hire qualified medical personnel with the requisite training and education for the position hired, and have no history of abuse. When a nursing home fails to fully vet an employee and a resident is hurt as a result, the nursing home may be found liable. Additionally, nursing homes must be adequately staffed and may be held liable if a resident suffers an injury or dies as a result of the failure to have an adequate number of caretakers.
In many cases nursing home personnel are not properly trained to work with the type of disabilities from which the residents suffer. A nursing home must provide care required by law and expected by a family. Nursing homes can be held accountable when inadequate training of their staff leads to the injury of a patient.
Nursing homes have the duty to see residents receive the properly administered medication and doses as prescribed. Often cases are a result of a prescription drug error that injures a patient. A proper investigation and the resources to pursue the responsible party is important considering the medication error could have been made by the prescribing physician, pharmacy, pharmacist, nurse practitioner or the nursing home.
Taylor & Taylor represents nursing home residents and their families in an array of lawsuits and abuse claims in Alabama who suffered from the following types of abuse:
- Physical Abuse: Any type of abuse such as battery, as well as force-feeding, overmedication and excessive use of chemical or physical restraints.
- Emotional Abuse: Verbal degradation or threats, isolation, sarcastic remarks or insults, as well as emotional manipulation.
- Sexual Abuse: Occurs when the resident is forced or tricked into unwanted sexual contact or when the individual is too weak or ill to give consent. A resident can be sexually abused by a staff member, another resident, visitor, stranger or a family member.
- Financial Abuse: Occurs when the person responsible for monitoring an elder's spending habits exploits their position by misappropriation of funds, property, or other assets.
- Neglect: Common forms of neglect include failure to assist with personal hygiene; failure to provide ample food clothing or shelter; failure to provide medical treatment; failure to address health/safety hazards; and unsanitary conditions.
The following are the common signs of nursing home abuse:
- Bruises or bleeding
- Emotional withdrawal
- Silence around caretakers
- Sudden onset of infections
- Sudden financial difficulties
If you suspect your loved one is being abused or neglected in a nursing home, contact the Taylor & Taylor nursing home lawyers today for a free consultation.