Question: Can You Sue an AL Nursing Home?
JASON: Yes, Yes, and YES. We at Steele Ritchie take the care of Alabama seniors very seriously. Few things anger me more than the abuse or neglect of people who cannot fight for themselves.
Let me first discuss those arbitration agreements most Alabama nursing homes have you sign. Do not let this prevent you from pursuing your claim of abuse or neglect. Clients come to me thinking that since they signed that piece of paper, it stops them from taking legal action … that is simply not true. In many cases, I have found that these agreements are unenforceable. At worst, we will have to present the case to a mediator. A mediator is just an impartial person, often a former judge, who will try to work out a solution to the case. In binding arbitration, you can think of it as like having a court trial where the judge decides, but there is far less legal formality.
Here are a few things you need to know:
- The state of Alabama has requirements for patient care that must be documented. Recordkeeping can often prove whether your loved one was properly or improperly cared for.
- If your loved one dies, only the personal representative (what we used to call the executor) can bring a lawsuit. Just because you are a family member does not give you the right to sue the nursing home.
- Falls and bedsores are not part of growing old. These can be prevented. Nursing homes should follow established procedures to keep your loved one safe.
Alabama has one of the worst records in the Southeast regarding quality staffing and proper care for residents. We also rank low in accident prevention.
The state does investigate claims of abuse. It may shock you, but Mobile County has among the highest number of nursing home abuse and neglect investigation cases in the state.
We at Steele Ritchie have long supported compassionate and quality care for our seniors. In fact, we are proud to join you in this fight. These victims are often the people who took care of us. We owe them nothing less than care and dignity as they grow older.
Call us if you have concerns. The call will cost you nothing.
Jason Steele
Alabama Personal Injury Attorney
Talk to me for free (251) 666-1212