Cross & Smith LLC

Category: Nursing Home Neglect

Nursing Home Abuse Statistics

Mar 31, 2023 - Nursing Home Neglect by

When a person nears the end of their life, they should be treated with dignity and respect. Unfortunately, for some elderly residents of nursing homes, their golden years are a time of abuse. When this occurs, the abused person and their family are justifiably outraged, and the assistance of an experienced nursing home abuse attorney can help bring justice to the perpetrators. 

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Tactics Nursing Homes Use to Cover Up Neglect

Jan 31, 2023 - Nursing Home Neglect by

Our senior citizens deserve to live their golden years in peace while being treated with kindness and respect. In addition to receiving the care they need to have their basic needs met, they should have opportunities to be social and as active as their health will allow. While there are many nursing homes that provide all these things and more, there are other nursing homes that neglect their residents. When this happens, it can be hard for family members and loved ones of the resident to recognize that the neglect is occurring, especially when the nursing home engages in covert tactics to conceal its unethical and illegal behavior. A Tuscaloosa injury attorney from Cross & Smith, LLC, advises on tactics nursing homes use to cover up neglect. 

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Nursing Home Abuse & Neglect: What’s the Difference?

Jul 29, 2022 - Nursing Home Neglect by

Making the decision to place your loved one in a nursing home is not one that is made lightly. So when the facility you trust to care for your family member betrays that trust by abusing or neglecting your loved one, we are here to help you recover the compensation your loved one deserves. At Cross & Smith, we aggressively advocate for the rights of all of our clients, and we take it seriously when the rights of the most vulnerable are violated.  

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What You Should Know About Nursing Home Injuries

Mar 17, 2022 - Nursing Home Neglect by

As you approach your golden years, it is important to find a place to live that provides for your needs in a respectful and caring manner. Unfortunately, even in nursing homes that are designed to cater to the elderly, many residents suffer injuries daily. A Tuscaloosa personal injury attorney from our firm explains what you should know about nursing home injuries.

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How an Injury Attorney Can Assist with Nursing Home Abuse Situations

Jun 26, 2015 - Nursing Home Neglect by

One of the most difficult decisions in life involves placing elderly loved ones in a nursing home. This choice may be essential to ensure their wellbeing and about 90 percent of Alabama nursing home residents and their families rate their facilities as excellent or good. However, it only takes one errant caregiver — or even another resident — to turn a highly-regarded facility into a dangerous nightmare for defenseless seniors. Filing a Complaint is a Multi-Step Process After hearing about abuse and neglect concerns from several viewers, WSFA published a story pertaining to these issues. During their investigation, a representative from the Alabama Nursing Home Association laid out the process that concerned families should follow when they have concerns: • The process begins by expressing concerns to facility administration and then watch for improvements. • If no changes occur, it is time to contact the Alabama Department of Public Health (ADPH). • The ADPH then has to contact the facility and request information about the concerns. • The facility must quickly respond to the ADPH request, which then needs to review the information and decide if they need more information or if they need to perform an on-site investigation, which requires additional time. Although every step of the process has strict time limits, it is easy to expect that senior family members may see little or no relief for an extended time period. During this time, families typically must make numerous visits to their loved ones to help ensure their […]

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Using Nursing Home “Granny Cams” to Protect Seniors’ Safety — and Their Legal Rights

Feb 27, 2015 - Nursing Home Neglect by

Placing an elderly loved one in need of 24-hour care in a nursing home is one of the most difficult decisions families can make. In addition to the emotional concerns connected with taking people out of the familiar surroundings that make them comfortable, families lose the ability to vigilantly monitor their safety. Many individuals wish they could use electronic surveillance to help protect their family members. One Case Illustrates How Granny Cams Can Help Protect Nursing Home Residents In August 2014, a nanny cam recording helped achieve justice for one family. After seeing signs of abuse to his mother at an Oklahoma City nursing home, a man hid a camera in her room. The recordings revealed that one worker was abusing the patient. The grannycam provided the evidence needed to convict the worker, according to a report. Alabama Laws are Somewhat Unclear Pertaining to Video Surveillance Federal law does not prohibit the installation of hidden cameras as long as they do not record sound. However, Alabama law adds a restriction by prohibiting installation on private property, according to Reporters Committee for Freedom of the Press. As a general rule, Alabama law requires one party to grant permission for audio recording, but granny cams hidden in the rooms of nursing home residents can represent a different legal issue. Regardless of state law, families can install cameras in the rooms of senior nursing home residents by obtaining written permission from the facility. An experienced Tuscaloosa injury attorney can draft an effective […]

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Gregory v. Cott – Alzheimer Patient Aggression and Rights to Sue

Aug 1, 2014 - Nursing Home Neglect by

One of the worst parts about the disease of Alzheimer’s is that it transforms the sufferer into a shell of his or her former self. Behaviors in which they might never have engaged previously now become commonplace as a side effect of the disease. Unfortunately, one of the most commonly-cited behaviors among patients is aggression. Stemming often from fear, confusion, or an unexpected change in routine, Alzheimer’s and other dementia patients have been known to lash out by kicking, biting, scratching, hitting, punching, and flailing. What the California Supreme Court recently ruled in its 5-2 decision in Gregory v. Cott was that in-home caregivers who agree to provide care for these individuals are not entitled to sue them, their loved ones, or their estate for injuries inflicted by a patient. The reasoning was that those hired specifically to assist these disabled persons can’t sue when they encounter a hazardous condition they are paid to confront. (The same reasoning had already been applied to nursing home staffers encountering such conditions.) However, our Birmingham nursing home abuse lawyers know that, by this logic, a patient in a nursing home setting should expect to be protected against other patients who display aggression. This is because, unlike dementia sufferers, nursing home administrators are fully aware and cognizant of the risk posed by certain patients. They also, armed with this knowledge, have a duty to protect patients from potential harm. That means facilities have a duty to recognize and address aggressive behaviors in residents. That […]

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Court: Nursing Home Negligence Case May Proceed

Jul 24, 2014 - Nursing Home Neglect by

A case of alleged nursing home neglect may proceed to trial after the Wyoming Supreme Court determined that, although the claim failed to meet technical statutory and constitutional requirements, the defendant did not adequately raise such deficiencies. Our Tuscaloosa nursing home neglect attorneys understand this was essentially a case where a technical failing on the plaintiff’s part was negated by a technical failing by the defendant. Given that many for-profit nursing homes have deep pockets and can afford a top-notch defense, most plaintiffs can’t afford to make such errors. This is why it’s imperative to take your case to a lawyer with extensive experience and proven success. The case of Harmon v. Star Valley Med. Ctr. began as many instances of litigation surrounding Alabama nursing home neglect do:  with a fall. The Centers for Disease Control and Prevention have found that the average 100-bed nursing home in the U.S. reports between 100 and 200 falls every year. Unfortunately, the vast majority of falls go unreported, and far too many patients lack the capacity to report on what has happened to them. Nursing homes have a responsibility to prevent falls by recognizing when patients may be at risk for such issues. They also have a duty to respond quickly and appropriately when they occur. Failure to do so may amount to negligence. While not every nursing home fall is worthy of a lawsuit, one that results in serious injury or death requires careful review by a legal professional. In the Harmon […]

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Avoid Alabama Nursing Home Arbitration Agreements

Mar 18, 2014 - Nursing Home Neglect by

Arbitration agreements almost never benefit the consumer, whether they are written into the fine print of an electronics purchase or as a precursor to employment or shoved in front of family members working to admit a loved one into a nursing home. These agreements require that instead of having any disputes resolved in court, both parties are required to resolve matters before an arbitrator – one who is often chosen by the defendant and paid for by the plaintiff. In theory, the process should be fair. Too often, it’s anything but. Yet these documents have become standard – though not required – in nursing home admissions. In cases of Tuscaloosa nursing home neglect, plaintiffs may wish to challenge the enforceability of the original agreement. This is being done with increasing frequency – and success – across the country.

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Fatal Fires — Alabama Nursing Home Disaster Plans Fall Short

Feb 2, 2014 - Birmingham by

Recently, 10 people in Quebec died and another two dozen more were presumed dead following a nursing home fire that broke out in frigid temperatures that thwarted rescue efforts. A resident smoking a cigarette is a possible cause of the blaze. Meanwhile in Connecticut, the case of Lexington Ins. Co. v. Lexington Healthcare Group, Inc., was recently reviewed by the state’s supreme court, following a dispute over assignation of blame following a 2003 nursing home fire. The blaze resulted in 13 claims of wrongful death and serious bodily injury. Although most of those injured and their survivors had been compensated in various settlements, the case between the nursing home and the insurance company continues to drag on. Our nursing home negligence lawyers know both of these cases underscore the need for facilities in Birmingham to have solid fire prevention and disaster response plans in place. Failure to have a proper plan or to follow it can be the basis for a nursing home negligence claim in cases where such failure results in injury or death.

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