Nursing Home FAQ

Alabama, Georgia, Tennessee

Why does nursing home neglect and abuse occur?
Often times, nursing homes do not hire enough staff members who are well-qualified. Overworked and under-trained staff members abuse and neglect elderly residents, sometimes unintentionally, sometimes out of frustration. Wages are generally low in this career field, which can decrease workplace morale. Working with the elderly can be difficult and stressful, particularly as older residents become more frail and demented. Also, many older citizens are unable to properly communicate cases of abuse or neglect because of their physical or mental state, making it hard to detect and even harder to find culpable individuals.

How can I find a safe nursing home?
Unfortunately, there's no hard-and-fast rule to selecting a safe nursing home. But you can make sure the home and its administrator are licensed, and that the facility conducts background checks on staff members. You can also check to see if the home has special service units that tailor to specific needs, including rehabilitation, Alzheimer's, and hospice. Also see how employees are taught to deal with the stress of caring for a high volume of residents.

What are some warning signs of nursing home abuse or neglect?

• Unexplained bruises, cuts, burns, fractures or sprains.
• Bed sores
• A staff member refuses visitation or doesn't permit unsupervised visits
• Unexplained venereal disease or genital infections
• Bloody under-clothing
• Sudden changes in behavior
• Resident being kept in an over-medicated state
• Significant bank withdrawals
• Abrupt changes in will or other financial documents

If I file an abuse suit, what kinds of damages can I recover?
If you or a loved one has been injured as a result of nursing home abuse or neglect, you could be able to recover economic damages including compensation for past and future medical expenses, loss of wages and other expenses the family incurred. You could also collect non-economic damages like pain and suffering, emotional distress and a loss in quality of life. And if there was physical impairment such as disability or scarring, you could also be able to collect damages for those sustained injuries.

Do I have to tell my siblings, who never paid any attention to my mom, about the settlement?
Anyone who is entitled to that person's estate or assets must be informed that a claim is being pursued. This doesn't necessarily mean that person is entitled to any share of any the settlement. Entitlement depends on a number of different factors, such as whether a will exists, and the specific claims pursued and rewarded.

How prevalent is nursing home neglect and abuse?
In America, more than 1.6 million Americans live in more than 16,000 nursing homes nationwide. In 1998, the U.S. General Accounting Office (GAO) conducted a study and found that more than half of the suspicious nursing home deaths were likely the result of neglect, including malnutrition and dehydration.

If you or a loved one has suffered neglect or abuse in a nursing home or assisted living facility, you have the legal rights that the lawyers at Burke, Harvey & Frankowski are here to defend and protect. Our lawyers are handling cases for nursing home residents and their families in Alabama, Tennessee, Georgia and other states in the Southeast. We are here to help. Call or email our law firm today for a free consultation.

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