Birmingham Nursing Home Abuse and Neglect Cases

Nursing home abuse cases arise when vulnerable adults are abused or neglected by caretakers in long- and short-term elderly care facilities. Instances of nursing home abuse and neglect  may give rise to any of the following:

• An investigation by the Alabama Department of Health Services

• A civil lawsuit for damages

• A criminal prosecution

Civil causes of action in nursing home abuse cases intend to compensate the victim for his or her injuries and are typically litigated under the legal theory of negligence. A nursing home is negligent if  a member of its staff or administration causes injury to another person to whom that person has a duty of care. In order to demonstrate to the judge or jury that the defendant was negligent in a nursing home abuse case, the following must be proven:

1. That the defendant owed the injured party a duty of care. Caregivers in nursing homes and other care facilities legally owe their residents this duty of care.


2. That the defendant breached that duty of care by failing to prevent a foreseeable risk of injury.


3. That the defendant’s breach of duty caused the injury.


4. That the victim has suffered damages as a result.

Alabama law follows the legal doctrine of contributory negligence, which bars any recovery of damages by the person bringing the lawsuit if he or she was in any way responsible for causing the injury. Thus, if the judge or jury decides the person bringing suit is even 1% at fault for causing his or her own injuries, then that person may not recover any damages.

If you or a loved one has been the victim of nursing home abuse or neglect, contact the Birmingham nursing home abuse lawyers today at 1-877-925-5373 for a free initial consultation. Victims of elder abuse deserve full compensation for their injuries, and nursing home facilities need to be punished for their negligent or abusive conduct. At The Walker Law Firm, our Birmingham nursing home abuse attorneys demand justice for our clients.

The Walker Law Firm is committed to upholding the quality of care in our long-term care institutions by taking swift legal action to compensate Birmingham nursing home residents and their families for injuries resulting from neglect or inadequate care. Only this way will the quality of care for all Birmingham nursing home residents be assured. If you feel that you or a loved one has been victimized by abuse or neglect while in the care of a senior citizen facility, call the Birmingham nursing home lawyers at Walker Law Firm now at  (877) 925-5373 or fill out our FREE CASE EVALUATION FORM. The initial consultation with a Birmingham nursing home injury attorney is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means our Birmingham nursing home attorneys get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensate for your injuries, but a Birmingham nursing home abuse lawsuit must be filed before the statute of limitations expires.