Placing an aging loved one in a nursing home isn’t an easy decision to make. If you have a relative you’ve put into an assisted living facility, you’ve likely done so with the best of intentions. However, if they become injured as a result of abuse or neglect, you may not realize that there are legal protections for seniors in these facilities.
Read on to learn more about the Alabama and federal laws designed to protect seniors who live in nursing homes.
Federal Laws to Protect Nursing Home Residents
Back in the 1980s, Congress asked the National Academy of Medicine to focus on nursing homes in terms of performance, patient care, and other factors as a response to growing concerns of substandard care. After reviewing the results of this study, Congress then passed the Nursing Home Reform Act (NHRA) in 1987, a part of the Omnibus Budget Reconciliation Act.
In the NHRA, Section 483 details the requirements of nursing homes to provide proper assistance, care, and treatment to their residents. In short, it states that residents have the right to live a dignified life, plan their nursing care, have privacy and confidentiality of their information, and live in a safe space.
There are provisions to protect them from abuse, neglect, and exploitation, including prohibition of physical and chemical restraints. Other parts of this section discuss comprehensive care planning and resident assessment, though the most important metric involves quality of care. The NHRA specifies that nursing homes must provide proper treatment and care for bedsores, vision, hearing, incontinence, nutrition, pain management, and impaired mobility.
When a nursing home fails to follow the regulations set by federal law, it can be cited by the Alabama Department of Public Health. If physical injury or death are the results of their violations of proper resident care, then it opens the door to a nursing home abuse lawsuit.
State Laws to Protect Seniors in Nursing Homes
It’s important to note that the Alabama legislature also passed the Alabama Medical Liability Act (AMLA) in 1987, the same year the NHRA was passed. Alabama’s law added challenges for those who wanted to file a lawsuit against healthcare providers, which includes nursing homes.
In order to file a lawsuit against a nursing home for injuries to a loved one caused by neglect or abuse, the burden of proof is on the plaintiff. While this makes lawsuits more difficult for seniors injured in nursing homes, they arenot impossible, especially with the help of a personal injury advocate in Huntsville, AL.
What Needs to Be Proven for a Successful Nursing Home Abuse Case?
In personal injury cases, the victim needs to prove that the following elements of negligence by the at-fault party are present in order to hold them liable:
Duty of Care
A duty of care was owed to your elderly loved one while they were a resident of the nursing home. When records prove that your relative was residing at this facility, it meets the first metric of negligence.
Breach of Duty
Next, it must be proven through evidence that the nursing home breached its duty by violating the proper standard of care. The AMLA requires that you prove this through testimony from a similar type of healthcare provider. Nursing home abuse cases in Alabama are much more complicated due to this factor as you can’t simply claim a breach occurred, even by pointing out the federal regulations. It requires an expert witness who has worked in the industry to testify about this breach.
Causation of Damages and Injuries
A breach of the standard of care requires demonstrating that it caused your loved one harm. There must be a clear connection through the evidence to prove that their lack of care or deliberate acts of abuse resulted in injuries.
The requirement of expert testimony means that experts must review the nursing home’s medical records, all photos submitted, statements made under oath, and federal regulations. They will then determine as to whether a breach of care occurred. There is also the need for a medical doctor as an expert to testify about the breach that led to your loved one’s harm. Often, this includes broken bones from falls or bedsores.
What to Do If You Suspect Your Loved One Was Injured Through Negligence at a Nursing Home
If your loved one has been hurt in their nursing home and you fear for their safety, make sure you call the police. Gathering evidence is also important and you’ll want to ask your relative to organize their medical records or help them take photos and videos of their injuries.
Keep in mind that it is the resident in the nursing home who is permitted to take legal action. If they do not survive their injuries, then, as a surviving family member, you may be permitted to file a wrongful death claim.
One of the best things you can do from the start after notifying the police is to contact an attorney. Choose a lawyer who has experience with nursing home cases as they will understand the federal and state laws that apply to these circumstances.
Since proving negligence in nursing home injury cases requires expert testimony, an attorney is an asset. They will have the investigative skills needed to gather evidence and build a strong case along with the resources to retain the necessary experts.
Justice for your loved one is important, not just for their sake but also for the other residents in the facility’s care. Holding the people who are responsible for the care of our aging population accountable for their lack of care through direct abuse or negligence can prevent them from causing additional harm.
If you have learned that your loved one was injured in their nursing home, make sure you contact a personal injury attorney as soon as possible. You can learn about your potential legal options during a free initial consultation.
Image source: Pixabay.com