Birmingham Brain Bleed in Nursing Home Lawyers
Did your loved one suffer a severe injury resulting in bleeding in the brain in a nursing home in Birmingham? Know that your loved one does not have to suffer alone and that you have legal options available to you. The Birmingham nursing home abuse lawyers at Farris, Riley & Pitt, LLP are prepared to help you hold nursing home staff, the facility, and any other negligent party accountable. We believe in fighting for older adults who all-too-often are unable to fight for themselves, and we’ll aggressively seek the full and fair compensation that your loved one deserves.
You might be wondering, what is a brain bleed? A subdural hematoma (brain bleed) happens when there’s bleeding between the brain and the skull. A fall or concussion are the most common causes, but other types of accidents could also cause it. This type of injury is especially common in elderly individuals. As people get older, the brain starts to shrink. When shrinkage occurs, there’s more space around the brain for blood to collect. The veins in that area are also very fragile and tear easily. Tears cause blood to leak into the open space and get trapped. When that happens, it could lead to a life-threatening condition or death.
Brain bleeds don’t just happen. Someone’s negligence likely caused your loved one to suffer. When an entirely preventable accident causes someone close to you to suffer severe harm, we’ll be ready to pursue the maximum compensation possible for your case. Call Farris, Riley & Pitt, LLP at (205) 324-1212 to schedule a free case consultation.
What Causes Brain Bleed Injuries in Nursing Homes?
Residents in nursing homes often require close supervision and assistance. They require assistance from a nurse to get dressed, go to the bathroom, and perform routine tasks. It’s the responsibility of the caregiver to ensure their patients receive quality, attentive care at all times.
In addition to neglect on the part of staff members, the facility could also be negligent if the appropriate assistive devices are not provided or installed correctly. Handrails and walkers should be made available to all patients unable to ambulate entirely on their own. Residents who are at particular risk of falling should be supervised when walking, stable chairs should be provided for showering, and bed rails should be installed to keep residents from falling while sleeping. In certain circumstances, the bed should also be lowered to reduce the distance between the bed and the floor. These techniques and devices could prevent a severe fall and brain bleed from occurring.
Identifying Subdural Hematoma in Nursing Home Residents
It can sometimes be difficult to diagnose a subdural hematoma because its symptoms are often similar to other medical conditions. Additionally, the size of the brain bleed, the individual’s age, and any other medical problems they have could affect the types of symptoms they present.
The most common symptoms that could indicate a brain bleed include:
- Nausea and vomiting
- Behavioral changes
An MRI or CT scan could locate a brain bleed and determine the proper treatment. In most cases, surgery is the only option.
How is a Nursing Home Responsible for a Brain Bleed?
Nursing homes hold a responsibility to provide assistance and medical treatment to their residents at all times. When they fail to do so, those who are dependent on their care could suffer serious harm. The most common examples of neglect that lead to a brain bleed include:
- Failing to monitor, supervise, and assist individuals who are at risk for falling
- Medication errors causing dizziness, fatigue, or disorientation
- Inadequate food and water, which leads to weakness and instability
- Improper transfer of patients by recklessly moving them from their bed to a wheelchair
- Allowing residents to wander without supervision
- Leaving elderly individuals on the toilet for prolonged periods
- Reckless or negligence assistance during a shower or bath
- Failing to clean up spills and other messes on the ground
- Ignoring when someone presses their call button for help
Staff should document every interaction they have with nursing home residents. Each time they check on them, take their vitals, bring them food, take them to the bathroom, etc., it should be written down in the patient’s file. Often, that file could be a vital piece of evidence to prove negligence. Accident reports, discipline reports, facility inspections and fines, and other documentation could also be invaluable to your case.
If someone’s action or inaction led to your loved one falling and developing a brain bleed, the nursing home should pay for any expenses you incur. You must notify the facility immediately if you notice any symptoms of a subdural hematoma. It would help if you also transferred the patient to another facility or hospital for a medical evaluation. Medical records are useful in proving a diagnosis and that another person contributed to it.
How Do I Sue the Nursing Home?
If your loved one developed a brain bleed at the nursing home and you believe it was because of neglect, you could file a lawsuit. There are steps you should take to recover compensation from the nursing facility.
- Contact an experienced nursing home abuse attorney to discuss your concerns
- Notify the nursing home of the brain bleed
- Transfer your loved one to a hospital for treatment
- Request a copy of the facility’s liability insurance policy
- Collect all medical records associated with the brain bleed, including patient records and documentation leading up to the accident that caused it
Filing a lawsuit is a complex process with strict deadlines and confusing laws. If you’re unfamiliar with pursuing legal action against a business, it might be hard for you to know how to handle it. An experienced lawyer could take care of everything for you.
Alabama has a two-year statute of limitations for nursing home abuse and neglect cases. That means you only have two years from the date of the brain bleed to file a lawsuit against the facility. The reason for this timeframe is to ensure proper handling of evidence. Over time, witnesses might forget details about the accident, or video surveillance could get destroyed. Issuing a deadline allows the preservation of evidence, so it doesn’t get lost, tampered with, or disposed of entirely.
What Compensation is My Loved One Owed?
In the state of Alabama, you can take legal action against the nursing home facility if your loved one suffered a subdural hematoma as a result of negligence or abuse. In nursing home abuse and neglect lawsuits, damages are losses suffered after an accident or injury. The damages used to calculate the total amount of compensation include:
- Future rehabilitation
- Nursing care (which, in certain circumstances could include around-the-clock care and supervision)
- Emotional distress
- Pain and suffering
- Wrongful death (damages that could be sought by the deceased’s surviving family members)
- Punitive damages (in rare circumstances, awarded to the plaintiff to punish the defendant for gross negligence or willful misconduct)
Your attorney will seek fair compensation that covers all the expenses you paid, as well as any potential future costs that are necessary. Be sure to consult with your attorney to discuss your rights, legal options, and the amount of compensation you could be eligible to recover for your loved one.
Contact a Birmingham Subdural Hematoma Nursing Home Abuse Lawyer
The Birmingham nursing home injury lawyers of Farris, Riley & Pitt, LLP provide knowledgeable, skilled representation for families whose loved ones have been hurt in nursing home facilities in Birmingham and across Alabama.
The Farris, Riley & Pitt, LLP injury attorneys have specific experience helping those who have suffered brain injuries like concussions, traumatic brain injuries, and brain bleeds, so don’t hesitate to contact Farris, Riley & Pitt, LLP for help. We can be reached 24/7 by phone at (205) 324-1212 or reach out to us online to schedule a free initial consultation.