Birmingham Nursing Home Abuse Overview

Instances of elder abuse in nursing home facilities evokes public anger and outrage because of the inherent vulnerability of the victims. Elder abuse is generally defined as a knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult. It is estimated that between 1 and 2 million Americans age 65 or older have been abused by domestic or institutional caregivers. Domestic caregivers are family and home health staff that care for the elderly in their homes. Institutional caregivers are defined as persons who are legally obligated to provide care and protection to elderly patients living in nursing homes or other elderly care facilities. Nursing home abuse lawsuits arise when institutional caregivers breach their legal duty to care for and protect their elderly patients.

There are over 36 million people over the age of 65 living in the United States today, a figure that is expected to double by the year 2030. Over 6% – around 2,160,000 – of America’s elderly population reside in a nursing home, assisted-living facility, or other long-term care provider. Long-term care for the elderly can be very expensive – typically costing as much as $5,000 per month. Thus, the vast majority of residents go through most, if not all, of their savings in a matter of months, thereafter becoming eligible for federal Medicaid benefits. In fact, the cost of caring for over 90% of nursing home residents is paid by Medicaid. As such, almost all nursing home facilities receive Medicaid funds and are subject to federal regulation.

Under federal law, nursing home residents have patient rights and guaranteed protections. Pursuant to Title 42 of the United States Code, all nursing homes must provide all new residents with a copy of these rights. Resident rights include, but are not limited to:

• Respect:  You have the right to be cared for in such a manner as to enhance your quality of life. 

• Service and Fees:  You must be informed in writing about services and fees before you enter the nursing home.  

• Money:  You have the right to manage your own money or to choose someone else you trust to do this for you.

• Privacy:  You have the right to privacy, and to keep and use your personal belongings and property as long as it doesn’t interfere with the rights, health, or safety of others.

• Medical Care:  You have the right to be informed about your medical condition and medications, as well as to visit your own doctor. You also have the right to refuse any medications and treatments.

At the outset of any nursing home abuse litigation, it is essential to conduct a through review of the victim’s medical records. In addition, all available family members, friends, and witnesses should be interviewed to determine if they have any relevant information regarding the elder’s treatment or any documents which will assist in evaluation of the case. This should include inquiries regarding complaints and/or third party investigations by governmental authorities. Because most victims in nursing home cases are long past the stage of earning wages and often have short life spans, analysis of these cases is different. Important factors that may impact the amount of damages that may be recovered include the egregiousness of the nursing home’s conduct, whether a pattern of neglect can be demonstrated, and whether injuries from the nursing home’s negligence can be distinguished from the resident’s existing disease process.

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.