Your Dothan Nursing Home Abuse Attorneys
When we place our elderly loved ones in the care of others, it is hard to fully trust that the facility staff will treat them with the same care and attention that they deserve. All too often, we hear stories in the news or from friends about horrific conditions or treatment by nursing home administrations or staff. Our loved one's well-being is not only in the hands of individual caregivers who may "have a bad day" and do something terrible but also in the corporate culture of the facility, which will often put profits ahead of people.
What is Nursing Home Abuse?
The Cochran Firm: Dothan represents victims and their families of injuries and deaths caused by the failure of nursing homes to provide the care their patients need and deserve. Nearly two million Americans live in nursing homes. Yet, recent studies indicate that almost 90% of all nursing homes are understaffed, often due to selfish motives to put profits ahead of patient care. Unfortunately, elder abuse in nursing home facilities is common.
The National Center on Elder Abuse conducted a survey that reported those who had experienced elder abuse in nursing home facilities had a 300% heightened risk of untimely death as opposed to elders who had not suffered abuse. (National Center on Elder Abuse)
Signs of Nursing Home Abuse
Abuse in nursing home facilities can manifest itself in many different forms. It is essential to observe and look for warning signs. If any red flags come up, it is crucial to act immediately. These signs can look like:
- Sudden death that cannot be explained
- Noticeable infections such as ulcers or bedsores
- Mysterious falls
- Injuries such as broken bones, bruising, abrasions, and cuts that cannot be explained.
- Prescription medicine errors and or overdoses
- Dehydration
- Malnutrition
- Unsanitary living conditions in or around the exterior of the facility
- Behavioral changes such as agitation, anxiety, or disassociation
- Emotional outbursts, such as crying.
- Verbal complaints of wrongful treatment
What laws must Nursing homes follow in the state of Alabama?
The injury lawyers of The Cochran Firm Dothan have decades of experience in helping those find justice for their loved ones who have suffered elder abuse in nursing home facilities. When this happens, it is essential to know the laws that nursing homes must follow in the state of Alabama. Ultimately, this can be broken down into two subjects: the federal regulations of the NHRA (Nursing Home Reform Act) and the AMLA (state of Alabama Medical Liability Act).
NHRA:
In 1987, the U.S. Congress passed the NHRA as part of a bill known as the Omnibus Budget Reconciliation Act (OBRA, 1987). One of the most critical sections of the NHRA (432 CFR Section 483) states numerous requirements for nursing home facilities: to provide a professional standard of quality care, adequate treatment, and proper assistance to nursing home residents.
If a nursing home facility does not abide by these regulations, it can lead to citations by the Alabama Department of Public Health or the ADPH. The ADPH is responsible for the investigations and inspections of nursing homes to evaluate inadequacies that lead to corrective actions.
AMLA:
In 1987, the Alabama State Legislator passed the AMLA, making it significantly more challenging to pursue successful lawsuits against healthcare providers, including nursing homes, in the state of Alabama. If the plaintiff does not meet the "burden of proof," the lawsuit will be unsuccessful. "Burden of proof" under the AMLA is considered substantial evidence or beyond any reasonable doubt. The plaintiff must prove through substantial evidence that the nursing home facility in Alabama did not uphold the standard of care. An expert testimony is typically required in such cases as well. The personal injury attorneys of the Cochran Firm Dothan have decades of experience and access to the collective knowledge it takes to succeed in cases against nursing home facilities.
The Nursing Home Abuse lawyers of The Cochran Firm Dothan are integral to a nationwide network of Cochran Firm offices and attorneys. This network provides our clients with an invaluable pool of the collective experience and resources of all our Cochran Firm partners. Our attorneys across the U.S. have collectively secured over $30 billion for our clients, showcasing our commitment to achieving justice. Our attorneys frequently contribute to the legal community by sharing their knowledge with other attorneys and law firms by lecturing at CLE (Continuing Legal Education) seminars. This instruction helps trial attorneys nationwide better represent their clients and get the justice they deserve.
Areas We Serve
From our office in Southeast Alabama (Houston County), nursing home abuse attorneys at The Cochran Firm Dothan are ready to serve clients in South Alabama, Southwest Georgia, and the Florida Panhandle.