If you are on this page, your loved one has likely been harmed in a nursing home or extended care facility. Generally speaking, injuries that arise from poor nursing home care include bedsores, falls that cause broken hips and head trauma, and other types of injuries resulting from malnutrition or dehydration.
There are remedies against nursing homes when they provide substandard care. Generally speaking, these types of claims are settled without litigation. However, if settlement negotiations don’t satisfy the family, the claim proceeds to the arbitration process.
In arbitration, unlike court, a lawyer acting as a judge, not a jury, enters findings after concluding the litigation process. The arbitration process often discourages many families because it can be costly and yield unfavorable results for the injured party.
Farris, Riley & Pitt, LLP has successfully navigated the arbitration process for victims of nursing home neglect. If you have an actionable case, arbitration does not deter our firm from pursuing justice. If we can help you or your family, please call us.
Across the United States, millions of people wake up daily in nursing homes. In Alabama, numerous individuals are helpless, vulnerable, and completely reliant on nursing home staff to fulfill most or all of their needs.
Nursing homes in Alabama and around Birmingham are responsible for providing care to elderly and disabled residents. Unfortunately, the quality of care in the nursing home industry has increasingly declined over the past decade.
Recent studies suggest that nursing home corporations increasingly subject residents to abuse and neglect in nursing homes. Many cases have reported residents dying, or suffering severe abuse or neglect in nursing homes.
Farris, Riley & Pitt, LLP represents victims of nursing home and elder abuse and their families. Call (205) 324-1212 right now to take advantage of a free consultation to let our Birmingham nursing home abuse attorneys review your case and help you understand your legal options.
Why Do I Need a Nursing Home Abuse Lawyer?
An insurance company for the negligent nursing home might contact you and offer a settlement to resolve your case. But, whatever the offer is will be painfully short of what you are entitled to.
Refusing to speak to any insurer until you have legal representation is best. Depending on the specific circumstances of your case, you may be eligible for various damages, and you do not want to jeopardize your ability to recover compensation because of something you said in a phone conversation recorded by an insurance company.
Farris, Riley & Pitt, LLP can handle all conversations with insurers on your behalf and immediately engage in negotiations for a fair and full settlement. We will file a lawsuit and take your case to court if the insurance company doesn’t make a satisfactory offer.
Why Choose Farris, Riley & Pitt, LLP?
Kirby Farris and Ken Riley were both born and raised in Alabama They and their families are now Birmingham residents. The law partners are admitted to the United States District Court for the Middle District of Alabama, the United States District Court for the Southern District of Alabama, the United States District Court for the Northern District of Alabama, and the Alabama Supreme Court.
Mr. Farris and Mr. Riley are American Bar Association, Alabama Bar Association, and Birmingham Bar Association members. The attorneys have secured several multimillion-dollar verdicts and settlements.
The people we represent are not just clients but our friends and neighbors. We collaborate closely with victims and families affected by nursing home and elder abuse to help secure deserved compensation.
If you or your loved one has been the victim of nursing home abuse or elder abuse in Birmingham or a surrounding area of Jefferson County, you will have a dedicated legal advocate when you work with Farris, Riley & Pitt, LLP. You can have our lawyers provide a complete evaluation of your case when you call (205) 324-1212 to set up a free consultation.
Cases We Handle
Nursing home and elder abuse can take many forms. Some of the most common kinds of cases that Farris, Riley & Pitt, LLP has handled include:
- Physical Abuse —Residents of nursing homes or other elderly victims may suffer serious injuries, such as fractures, lacerations, sprains, internal bleeding, traumatic brain injuries, or spinal cord injuries when they are physically assaulted or mishandled by nursing home staff. Unexplained cuts, bruises, or broken eyeglasses are frequent signs of physical abuse.
- Neglect — Some nursing homes fail to provide residents with the support and assistance they need. Inattentive staff may cause victims to suffer injuries from falls, take the wrong medications, or endure unacceptable living conditions. Concerns should arise if your loved one wears dirty clothing or has an unkempt living space. Also, look for signs of possible malnutrition indicating that the resident has not received proper meals.
- Bedsores – Bedsores (also known as pressure ulcers or decubitus ulcers) are open wounds that can form when nursing home patients are not routinely moved to prevent undue pressure on specific areas of the body. Bedsores can develop quickly, especially with other health conditions, often indicating neglect. In severe cases, bedsores can be extremely painful and debilitating.
- Brain Bleed – Did your loved one suffer a severe injury resulting in bleeding in the brain in a nursing home in Birmingham? Our team has specific experience helping those who have suffered concussions, traumatic brain injuries, and brain bleeds. Call us for help right away.
- Falls – Older adults are more likely to suffer severe injuries in a fall, especially in nursing homes. The facility and staff must assess residents’ fall risks and provide necessary supervision, support, and devices for safety.
- Spinal Fusion Injuries – Did negligence from nursing home staff or facility cause your loved one complications from spinal fusion surgery? If so, our team can help you get the justice and fair compensation you deserve.
- Aspiration – Thousands of nursing home residents die every year because of aspiration. If your loved one’s death was due to the negligence of a nursing home staff member or the facility, you could be eligible to file a wrongful death claim in Alabama.
- Dehydration – Sometimes, an elderly resident cannot alert the staff that they’re thirsty, but part of the nursing home staff members’ job is to monitor fluid intake. Dehydration is dangerous at any age, but dehydration can lead to hospitalization in this delicate population.
- Malnutrition – Whether intentional or accidental, it can be disastrous when a nursing home resident doesn’t get the proper nutrition. It’s the responsibility of the facility’s staff to make sure the residents consume an adequate amount of food.
- Insufficient Medical Care – When an injury goes untreated, or a resident’s mental or physical decline goes unnoticed, that’s insufficient medical care. If you suspect someone should have seen an injury or a change in your loved one’s condition, call Farris, Riley & Pitt, LLP immediately.
- Preventable Accidents – When you place a loved one in the care of a particular facility, you trust the staff and administration to care for them and protect them from harm. If a preventable accident caused injuries to your loved one, you might be eligible for compensation for their losses.
- Poor Sanitation – If the staff at the facility where your loved one resides is negligent about maintaining sanitation, particularly in hot zones such as restrooms, kitchens, and common areas, infections can quickly spread throughout the resident population. If your loved one has become ill because staff aren’t cleaning as they should, contact Farris, Riley & Pitt, LLP for help.
Nursing homes are defendants in most adult abuse cases, but third parties could be liable, too. For example, injuries caused by a person not employed by the nursing home may lead to claims against that individual. And there could be a negligent security claim if an independent company provided security.
Frequently Asked Questions
If you suspect immediate harm, promptly contact local law enforcement, like the Birmingham Police Department or Jefferson County Sheriff’s Office. You may also want to contact the Alabama Department of Human Resources and the Bureau of Health Provider Standards within the Alabama Department of Public Health.
These entities are responsible for investigating occurrences and allegations of elder abuse. The Alabama Department of Senior Services operates Alabama’s Elder Justice and Advocacy Program.
Bedsores (also called pressure ulcers) develop in stages. The United States National Library of Medicine states that Stage I bedsores are the mildest, involving skin redness and pain. Stage II involves blisters or open sores. Stage III involves “craters,” or open, sunken holes in which tissue below the skin gets damaged. In Stage IV bedsores, the muscle and bone are exposed because of the sore’s depth.
An advance directive is a written instruction you make while mentally competent. It clarifies medical treatment you may or may not want to receive if you cannot communicate your wishes. Federal law obliges healthcare facilities to inform patients about advance directives, but possession of one is not mandatory.
Alabama law acknowledges two kinds of advance directives: the Advance Directive for Health Care and the Health Care Durable Power of Attorney. The Advance Directive for Health Care includes sections for a living will and proxy appointment (or Health Care Durable Power of Attorney).
Nursing Home Abuse Statistics
The statistics are undeniable. Nursing home abuse and elder abuse are a significant concern in Alabama:
- In Alabama, rural areas recorded a higher rate of adult abuse cases in 2019, with 19.2 cases per 10,000 persons, compared to 17.3 cases per 10,000 persons in urban areas.
- Key risk factors for adult abuse include age, family history, high blood pressure, previous stroke incidents, a sedentary lifestyle, rural residency, social isolation, and inability to provide self-care.
- Elder abuse is also more likely when patients suffer from cognitive disorders like dementia or Alzheimer’s. Alzheimer’s ranks as the sixth-leading cause of death in Alabama, accounting for 54.2 deaths per 100,000 people in 2019.
- In 2019, the Alabama Department of Human Resources (DHR) explored 8,789 adult abuse, neglect, and exploitation cases. White women were the most affected group.
- The counties with the most reported cases in 2019 were Jefferson, Mobile, Houston, Montgomery, and Madison.
- The Southeastern Public Health District stood out with the highest rate of adult abuse per 10,000 persons that year.
- By 2021, the DHR’s Adult Protective Services Division received 11,122 reports of elder abuse statewide.
Contact a Birmingham Nursing Home Abuse Attorney Today
For more than two decades, Farris, Riley & Pitt, LLP has fought for injury victims in communities all over Alabama. Our Birmingham nursing home abuse lawyers empathize with victims’ feelings of violation and tirelessly seek justice for affected families.
Did nursing home abuse in Jefferson County cause you, or your loved one, serious injuries or death? Call (205) 324-1212 or contact us online to have Farris, Riley & Pitt, LLP review your case and discuss your legal options during a free consultation.