ArticlesChoosing when to move a family member to a nursing home can be a tough decision. You assume that your loved ones will be well taken care of and treated with respect.
Sadly, nursing home abuse is a problem plaguing facilities all across the country. Sometimes that abuse or neglect can lead to a resident’s death.
In these situations, your family might have the right to bring a nursing home wrongful death claim in Alabama.
If you suspect abuse at the facility caused your family member’s death, contact a Birmingham nursing home abuse lawyer.
How to Know Whether You Have a Wrongful Death Case?
A wrongful death claim can arise when someone’s negligence, reckless behavior, or intentional acts cause another person to die.
Nursing home abuse and neglect can cause a person’s health to deteriorate quickly.
If you can prove the nursing home caused your loved one’s death, you might qualify to present a wrongful death claim.
Under Alabama law, only the personal representative for the deceased’s estate can bring a nursing home wrongful death claim.
A wrongful death claim exists only if the deceased would have had the legal right to pursue their damages had they not passed away.
One example is when a resident has bedsores that go untreated. Bedsores can be very painful and become infected. If the infection is too great, they could die. If the person had lived, they could’ve brought a claim against the facility for their injuries.
Alabama’s wrongful death claims are very different from other states. One of the main differences to note is that you can pursue only punitive damages in your complaint.
Punitive damages are meant to punish the responsible party for their actions and set an example to deter others from acting similarly.
While other states look at surviving family members’ damages, Alabama values nursing home wrongful death cases based on the responsible party’s actions.
Nursing Home Wrongful Death Causes
There are four main types of nursing home abuse. These are physical, emotional, sexual, and financial.
Physical abuse could include a battery, neglecting to move immobile residents, or improper use of restraints.
With emotional abuse, residents are yelled at, threatened, degraded, etc. No one wants to imagine sexual abuse as being a problem in nursing homes, but it is.
Sexual abuse can be perpetrated by caretakers, other residents, or visitors to the facility. Lastly, financial abuse can involve a caretaker coercing a resident to transfer money, change their estate documents, and more.
Watching for signs of abuse can help you identify problems before they become life-threatening. Look for physical injuries, radical emotional and behavioral changes, and missing money or personal items.
Contact Our Wrongful Death and Nursing Home Abuse Lawyer
If your family member passed away due to a nursing home’s negligence, you need a skilled Birmingham wrongful death and nursing home abuse lawyer on your side.
At Fob James Law Firm, we know all the federal and state laws governing nursing homes in Alabama. We have years of experience trying wrongful death and elder law matters. Contact our office today to schedule a free, no-obligation consultation.
Nursing home wrongful death cases are complicated. Let us put our experience to work for you and help you hold the negligent nursing home responsible for your family member’s death.
Fob James
Fob James obtained a B.S., in software engineering from Auburn University and then continued his education by getting his J.D. from Vanderbilt University School of Law. After working for a large regional firm for several years where he obtained awards for both individual and corporate clients, Fob found that his passion was fighting for individuals who have been seriously injured or wronged by others. Fob believes that the jury is the great equalizer to the power and influence that large corporations have in society.