Unfortunately, nursing home abuse affects nearly one million elderly people in America every year. Still, many cases of abuse go unreported. Since the elderly have deteriorating mental and physical health, along with a dependence on caregivers, they are susceptible to severe mistreatment. This is why Tommy James Law is committed to bringing nursing home abuse to light.
As a Birmingham elder abuse law firm, it is important for us to educate the public about the different ways that nursing home abuse can manifest itself. For example, The National Center on Elder Abuse (NCEA) lists the four major types of elder abuse as physical, psychological, financial and social. To assess which of these might be at play, we follow a specific investigative procedure to uncover the truth. The steps involved in this process include:
The first step in our investigation would involve interviewing the victim to understand the nature of the abuse. Next, we would interview any potential witnesses of the abuse for corroborative evidence. This includes interviewing family members who may have noticed a change in the victim’s demeanor, outlook or physical condition. It might also mean interviewing other nursing home residents who may have information about the abuse.
Interviewing Nursing Home Staff
After interviewing witnesses, the second step involves speaking to the nursing home staff. When conducting interviews, we would ask about the standard caregiving procedures and practices at the nursing home facility. We would also ask about the victim’s treatment while under the nursing home’s care.
Obtaining Medical Records
Once the initial interviews are finished, we would obtain access to the victim’s medical records. Doing so may help us find suspicious developments or uncover things that went previously unnoticed. For example, medical records may show that the mood and outlook of a patient changed after being admitted to the nursing home. Also, it may show that the patient was showing signs of physical abuse. Common examples of physical abuse include bruises, wounds and persistent aches or pains.
Reviewing Nursing Home Records
Along with reviewing the victim’s medical records, our team would also sift through the nursing home’s survey and inspection reports. Doing so may help us uncover evidence of past infractions or regulatory breaches. Any issues regarding a nursing home’s previous conduct may provide valuable insight about any current abuse.
Applying the Law
After completing the aforementioned steps, we inevitably turn to the law. The knowledge we have about federal and Alabama elder abuse law will give us an idea of how to best present a victim’s case. At this point, our goal is to use the law to benefit our client and receive justice for any injuries suffered.
Our Birmingham Nursing Home Abuse Lawyers Offer a Free Case Evaluation
Once our investigation is complete, we will take legal action on a victim’s behalf. This includes presenting the evidence of abuse to the nursing home and negotiating a proper settlement. To do this, we will likely submit a formal complaint and a letter of demand to the offending nursing home. Often, we will suggest filing a lawsuit to ensure that the victim receives justice. While our goal is to settle before going to court, sometimes litigation is necessary.
If you suspect that your elderly loved one is experiencing nursing home abuse, then contact a Birmingham nursing home abuse attorney at Tommy James Law today for a free case evaluation. We will do what it takes to protect your loved one from further abuse. Call today at (205) 259-7850 or fill out our confidential contact form.