Mobile Nursing Home Abuse Lawyer
Did your loved one suffer neglect or abuse in a nursing home in the Mobile area or anywhere else in Alabama?
If the long-term care facility and medical providers allowed your loved one to suffer harm, your family may be entitled to damages.
Nursing home negligence is a common concern in Alabama, but a personal injury lawyer can help you hold the responsible parties accountable.
For more than 70 years, Lattof & Lattof, P.C. has represented victims injured by negligence, including nursing home residents and their families in elder abuse and neglect cases. Contact our law firm today for a free case review with a Mobile nursing home abuse lawyer who can help you.
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How Lattof & Lattof, P.C. Can Help You After Suffering Nursing Home Abuse in Mobile
Placing an elderly loved one in a nursing home is a difficult and emotional decision. When the nursing home victimized or neglected your loved one, they should be held accountable. However, nursing home abuse cases are notoriously complex and often involve complicated medical malpractice law, mediation, and uncaring insurance companies.
You and your loved one deserve a compassionate Mobile personal injury lawyer who can help. Lattof & Lattof, P.C. has represented nursing home residents and their families for over 70 years. Put our experience to work for you, and we will fight tirelessly to hold the negligent nursing facility, staff members, and medical providers accountable.
Choose Lattof & Lattof, P.C. to represent you in your Mobile, Alabama, nursing home abuse case, and we will:
- Offer sound legal advice, guidance, and support to help you make informed decisions
- Investigate your loved one’s case to determine how they were harmed, what caused their injuries, and who can be held liable
- Gather evidence to strengthen your case
- Negotiate on your behalf with insurance companies for a fair settlement offer
- Present a persuasive argument before a jury to seek maximum damages if the insurance company does not treat you fairly
- Fight for your loved one’s dignity and rights to help them receive the care they need
Contact our law office today for a free consultation with a Mobile nursing home abuse and neglect lawyer. We will discuss how we can help you and your loved one. We work on a contingency fee basis; you pay no attorney’s fees unless we are successful in recovering money for you.
How Common is Nursing Home Abuse in Mobile, AL?
When you make the difficult decision to place a loved one in a nursing home, it is usually because they require a level of care that you cannot provide. You count on the nursing home to protect the elderly person, but nursing home abuse and neglect is rampant.
By some estimates, 24% of all nursing home residents experience physical abuse one time or more. The average nursing home in the United States has 20 safety or care quality complaints.
While the state inspects nursing homes, a General Accountability Office study found these state surveys often under-report issues. Around 70% of these state inspections miss at least one deficiency. About 15% of inspections miss a deficiency that poses an immediate risk of harm to residents.
According to the Kaiser Family Foundation, 90.4% of certified Alabama nursing facilities had deficiencies in 2019. As of 2021, there are 227 certified nursing homes in Alabama. Of these, 196 had infection-related deficiencies, and 28 had serious deficiencies. Alabama nursing homes were fined a combined $2.15 million.
Some nursing homes have been singled out for their number of serious deficiencies and hefty fines. A nursing home in Foley had 9 serious deficiencies and was fined almost $400,000. These delinquencies were found to be part of a pattern that put residents in immediate jeopardy. A facility in Alabaster had 35 deficiencies and has been flagged by the government for its history of serious quality problems.
Overview of Nursing Home Abuse
Nursing home residents have the right to privacy, dignity, quality medical care, and freedom from abuse and neglect. In Alabama, nursing homes are required to abide by the federal Nursing Home Reform Act’s requirements. They are also governed by the Alabama Adult Protective Services Act and two chapters of Title 34 for Assisted Living and Nursing Home Administrators.
Abuse, neglect, exploitation, and emotional abuse of nursing home residents is a crime in Alabama. Victims also have the right to seek damages through a civil lawsuit against the nursing home and/or negligent or abusive employees.
Types of Nursing Home Abuse
Nursing home residents are among the most vulnerable people in Alabama. They may face abuse or neglect in a nursing home due to negligent facilities, a lack of proper medical attention, abusive or neglectful staff, and even due to other residents. In all these scenarios, a nursing home may be held accountable for neglect and abuse in all these scenarios a nursing home resident suffers.
The following are the most common forms of abuse and neglect found in long-term care facilities.
Physical Abuse
This type of abuse can involve kicking, slapping, or hitting. It may also involve the use of restraints. Staff members and other residents may be guilty of physical abuse.
Sexual Abuse
Sexual abuse is a more common issue than many realize. Residents may face sexual abuse from other residents or staff, including unwanted touching, sexual comments or behavior, and sexual assault or rape.
Emotional Abuse
Emotional abuse is still abuse under Alabama law. Nursing home residents frequently face abuse such as insults, humiliation, harassment, and threats.
Neglect
Neglect refers to a failure to provide safety, cleanliness, assistance, nutrition, and medical care. Nursing home residents are often neglected due to understaffing issues.
What Are the Signs of Nursing Home Abuse in Mobile?
It’s important to watch your loved one for signs of neglect or abuse. These signs may not be obvious, and they may be mistaken for dementia or symptoms of other underlying issues.
Common signs of nursing home abuse or neglect include:
- Bedsores
- Infection, particularly when it is a recurring issue
- Poor hygiene
- Fractures
- Sprains
- Fall injuries
- Over-medication
- Dehydration or malnutrition
- Unusual or unexplained weight loss
- Unexplained bruises, scratches, or cuts
- Burns
- Strange or sudden behavioral changes such as becoming withdrawn, agitation, fear of being touched, or seeming afraid to speak when staff are near
At Lattof & Lattof, P.C., we understand the devastating effects of elder abuse. When an already vulnerable nursing home resident suffers abuse, their mental and physical health can be severely compromised. They are at a higher risk of being hospitalized or dying prematurely, and their quality of life is affected.
We fight to hold negligent nursing homes accountable for the harm they cause to the vulnerable residents in their care.
What Should I Do if I Suspect Nursing Home Abuse in Mobile, AL?
When you suspect neglect or abuse, it should be reported right away to the Alabama Department of Public Health (ADPH) and the Alabama Department of Senior Services (ADSS). This will prompt an investigation. You can also discuss your concerns with the facility, but be careful about what you say. Your loved one should also see a doctor as soon as possible, but make sure the physician does not work for the nursing home.
Document everything as soon as possible. This includes statements made by the nursing home or staff regarding your concerns, medical reports, photos of your loved one’s injuries, and what you observed at the facility.
The next step is contacting an experienced nursing home abuse lawyer at Lattof & Lattof, P.C. to help protect your loved one’s rights.
What Is My Nursing Home Abuse Case Worth?
The average nursing home settlement in the United States is $406,000, according to Health Affairs. However, this varies by state, and every case is unique. Some cases are only worth a few thousand; others may be worth more than $1 million.
To calculate the value of your case after your loved one has been abused in a nursing home, our nursing home abuse attorneys will consider many factors:
- What financial losses did you and your family sustain?
- What type of injuries did your loved one suffer? How serious were they?
- What type of abuse or neglect did your loved one endure?
- Did the facility have a history of deficiencies related to your loved one’s injuries?
- Were the injuries caused by intentional action or reckless behavior or “merely” negligence?
- How much insurance coverage is available?
Lattof & Lattof, P.C. will seek maximum compensation for the harm your elderly loved one suffered at the hands of trusted medical providers. Contact our law office for a free consultation to discuss what your claim may be worth.
What Compensation Is Available for Victims of Nursing Home Abuse in Mobile, Alabama?
When a loved one faces neglect or abuse, they are entitled to financial compensation from the at-fault party.
These damages come in three forms:
- Economic damages compensate for the financial losses your loved one and family suffered. This includes medical bills, litigation costs, and possibly the cost to move your loved one to a new facility.
- Non-economic damages compensate for personal losses and suffering without an intrinsic value. This can include pain and suffering, mental anguish, and emotional distress.
- Punitive damages may be awarded to punish the defendants if they caused your loved one harm through malicious, intentional action, or reckless behavior.
If a loved one dies due to nursing home abuse or neglect, surviving family members can bring a wrongful death claim. A wrongful death case is filed on behalf of the decedent’s estate. In Alabama, punitive damages are available in wrongful death claims to punish the wrongdoer. These cases focus on the severity of the misconduct, abuse, or neglect and how the nursing home violated your loved one’s right to safety and care.
How Long Do I Have to File a Nursing Home Abuse Lawsuit in Alabama?
When you believe a loved one has been the victim of nursing home abuse, you have a limited amount of time to file a lawsuit in Alabama. The statute of limitations for nursing home abuse lawsuits is just two years.
Note that this statute of limitations begins on the date the injury is sustained or the abuse begins. It does not begin when the abuse is discovered. If a lawsuit is not filed before the deadline expires, you will lose your right to seek compensation.
Before a lawsuit is filed, your lawyer can help you file a report with the police if a crime has been committed. A complaint can also be filed with the Alabama Department of Public Health (ADPH) and the Alabama Department of Senior Services (ADSS). These agencies investigate elder abuse and hold perpetrators accountable, but their role is not to help victims recover compensation. This is where a personal injury lawyer can help you and your loved one.
Contact a Mobile Nursing Home Abuse Lawyer for a Free Consultation
If you believe a loved one has been subjected to nursing home abuse and neglect, it’s important to take action quickly to protect them from further harm. Our experienced Mobile nursing home abuse attorneys fight for nursing home residents’ rights and hold nursing homes and abusive staff accountable.
Contact Lattof & Lattof, P.C. today for a free consultation with a Mobile nursing home abuse lawyer. We will discuss how we can help you and your loved one recover fair compensation for the harm they have suffered.
