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  • How Are Nursing Homes Held Accountable for the Quality of Their Services?

    Nursing homes are responsible for some of the most vulnerable members of the population. Elderly patients who reside in Alabama nursing homes seek varying levels of care, from minor physical assistance to round-the-clock, custodial care. The services that nursing homes provide to elderly patients determine their quality of life and ability to function. If you have a loved one in an Alabama nursing home, you may be concerned about the quality of services your loved one receives and if there are any actions, you can take to hold the facility accountable. Find out how nursing homes are held accountable for the quality of their services in Alabama and what you can do if you find that your loved one is in danger due to neglect or abuse. Who Oversees Nursing Homes in Alabama? The Department of Public Health’s Bureau of Health Provider Standards is the organization that oversees nursing homes in Alabama. They license and certify all healthcare facilities in the state. The Division of Health Care Facilities works in conjunction with the Alabama State Board of Health and the Alabama Department of Public Health to conduct routine surveys and follow-up visits to ensure that nursing homes comply with state and federal standards. They also provide access to reports through the Health Care Facilities Public Deficiencies site, which allows you to search nursing homes and read the details of reported deficiencies. The National Centers for Medicare and Medicaid Services (CMS) also plays a part in the oversight of Alabama nursing homes. This government body approves state certification in some facilities and determines whether or not that facility can receive Medicare or Medicaid funds. How Are Nursing Homes Held Accountable? To hold nursing homes accountable for their services, these oversight entities take several actions. Federal and state organizations: Perform surprise surveys and audits to spot deficiencies Perform follow-up visits to ensure deficiencies are corrected Make detailed reports of the deficiencies available to the public Provide online tools to compare nursing home services Provide a rating system to identify facilities’ quality of services Offer tips on how to choose a facility with good services The consequences of performing poorly on these quality markers include public scrutiny, fees, fines, government funding loss, revocation of certification, and forced closure. Why Oversights Fail Unfortunately, these oversights often fail to stop abuse and neglect in nursing homes. Surveys are not performed with enough frequency to stop most cases of abuse. In many instances, nursing homes are alerted to the presence of public health officials, and either put a band-aid on an ongoing problem or hide it altogether. The consequences of performing poorly on an inspection are often not severe enough to stop daily abuse and neglect. Receiving a fine and being given time to correct a mistake that leaves residents in mental terror or physical pain does not hold a facility accountable. Additionally, the process for reporting concerns about nursing home services feels impartial and passive to people who are concerned about the imminent health of a loved one in a nursing home. You must call to report an incident and trust that someone from the agency will investigate and take action to prevent abuse. Although it is always important to report concerns to governmental agencies, it does not mean that the nursing home will be held to account. Legal Options for Nursing Home Abuse Victims In many cases, the only way to hold a nursing home accountable for its services is to take legal action against its doctors, staff, and owners. When a patient is subjected to emotional, physical, or sexual abuse or suffers from malicious or unintentional neglect, it may be time to contact an Alabama nursing home abuse lawyer to seek justice and bring attention to the nursing home’s abhorrent conditions. In some cases, a nursing home abuse attorney will suggest a civil lawsuit to recover damages from the injuries done to a nursing home patient. There is also the possibility of holding the staff member or members who have harmed a nursing home resident accountable with criminal charges. Get Justice for Your Loved One If your loved one has been a victim of nursing home abuse or neglect, reach out to Sawyer Law Firm today. You may never get justice if you wait for the state to take action; rather, work with a knowledgeable, compassionate team of lawyers who can fight for the rights of your elderly loved one and hold those responsible accountable for their actions. Call our law firm or contact us online to set up a free, confidential consultation.

  • Nursing Home Staff Vaccination Rates Remain Dangerously Low

    To ensure that as many people as possible choose to get vaccinated, the U.S. government has made the COVID-19 vaccine available to anyone over the age of 15 for free. Despite these measures, many Americans have chosen not to vaccinate against the virus. The rate of vaccinated individuals who work in nursing homes is worryingly low, placing vulnerable elderly populations at risk. If your loved one is in the care of nursing home staff, it is important to be aware of the impact of COVID on nursing homes and what the vaccination rates are among nursing home staff, as well as the dangers this situation presents to your elderly relative. Impact of COVID-19 on Nursing Homes COVID-19 has severely impacted nursing homes in the last year and a half. Current numbers estimate that since the outbreak of COVID-19, there have been over 135,000 deaths of nursing home residents and staff. Devastating instances of abandonment occurred, where a few staff members remained to care for residents who had been left behind, which led to unintentional neglect and abuse due to inadequate care. In addition, many nursing home residents withered away under mandatory quarantine orders that kept them from receiving outside visitors. As many as 40,000 elder deaths may have occurred due to a condition called “failure to thrive,” which is brought on by prolonged isolation and mental despair. Current Vaccination Rates With a vaccine on the horizon, many hoped that the dire conditions in nursing homes around the country would improve. While there has been a decrease in reported COVID deaths since the release of the vaccine and a high number of residents getting vaccinated, there is still a long way to go until ideal safety conditions exist. Currently, only 59.3% of nursing home staff nationally are vaccinated, as opposed to 81.8% of residents. The staff has reported refusing vaccination due to fears about side effects, safety, and effectiveness. There is also a logistical challenge of making the vaccine available to every nursing home staff, especially in rural areas. Dangers of Unvaccinated Staff With so many nursing home staff unvaccinated, there remains a constant risk to elderly residents’ health and well-being. The most alarming threats are breakthrough infections, continued staff shortages, and death to both residents and staff. Breakthrough infections Breakthrough infections occur when new COVID cases appear in already vaccinated populations. The Delta variant of COVID is highly contagious, and as it infects unvaccinated people, it raises the risk that those who are already vaccinated can become infected because the viral load is too high. In essence, unvaccinated staff who become infected and carry the virus into their place of employment bring danger to the residents who have taken steps to protect their health. Staff shortages Even before the pandemic, nursing homes and their residents suffered from staff shortages that prevented adequate care. With staff members choosing not to be vaccinated and getting sick, there is an even higher shortage of available nursing home employees. When a staff member is diagnosed with COVID, they must stay home for a minimum of two weeks, which leaves the nursing home scrambling to find a replacement. This has a domino effect on nursing home staff. As more workers are being asked to work longer hours and fill in for those who are unable to work, they are finding different jobs, contributing to neglect and abuse due to staff shortages. When to Seek Legal Action Considering the far-reaching consequences of the COVID-19 pandemic, it is important to know what rights you and your elderly loved one are entitled to when living in a nursing home. If you are concerned about staff treatment toward a nursing home resident, contact a Montgomery nursing home lawyer to find out if you can take legal action against the nursing home for failing to provide adequate care. Schedule a Free Consultation Reach out to Sawyer Law Firm to discuss any concerns you have about the treatment of your elderly family member in an Alabama nursing home. Our nursing home lawyers are experienced in nursing home abuse and neglect cases and can help fight for your loved one’s rights if mistreatment has occurred. Contact our law office for a free consultation today.

  • An Updated Tool to Identify Local Nursing Homes With Deficiencies

    Recently, the national nursing home rating system has come under fire. Troubling reports have led to skepticism of the system’s reliability. Self-reporting, poor oversight, and little to no accountability make the current system unreliable for information on nursing home conditions. To combat the problem, an updated tool is receiving recognition. Created by ProPublica in 2021, the Nursing Home Inspect website allows you to view health inspection documents, see deficiency numbers, and show COVID-19-specific information. Unreliability of the CMS Rating System The Centers for Medicaid and Medicare Services (CMS) launched a national nursing home rating system in 2008. The five-star system was created to allow caregivers and families to compare nursing home standards during the process of choosing a facility to care for elderly patients and family members. Based on a scale from 1 to 5 stars, nursing homes are given four separate ratings—one for healthcare inspection results, one for quality measures, and one for staffing. The final rating combines the results from the other three areas into an overall rating. While the CMS system exists to serve a useful purpose, serious flaws have come to light, limiting the reliability of the star-rating system. The problematic areas include: Unreliable self-reported data that omits problematic instances Misuse of the star ratings to advertise rather than demonstrate quality Failure to audit health report findings and fix issues Hiding or temporarily addressing issues to get a better health inspection report Altering staff hours to show a higher staff-to-patient ratio Altering or omitting instances of neglect, abuse, and mistreatment on medical reports The serious flaws in the current rating system have led to nursing homes with sub-par care facilities and undertrained staff members that boast high ratings. When this occurs, families believe their elderly loved one is in a safe, respectable nursing home, when in reality, they are at risk of suffering abuse and neglect. An Updated Tool: Nursing Home Inspect Nursing Home Inspect, an online database created by ProPublica in 2012, is a valuable tool containing updated, reliable data for those seeking information on nursing homes for their elderly relatives. Unlike the rating system, Nursing Home Inspect provides factual data that is compiled from CMS inspection reports. It does not include any self-reported data that might skew results. Additionally, there is no star rating on Nursing Home Inspect. Instead, you will find hard numbers and digital copies of the actual health inspections performed in these facilities. Nursing Home Inspect provides users with the following helpful features: Nearly 80,000 inspection reports An interactive map feature for easy searchability Ability to search by state, COVID-19-era deficiencies, fines, or serious deficiencies Ability to search reports with keywords such as “choke” or “maggots” Categorizations by color for easy differentiation View fines in dollar amount from the past three years View PDF reports from the last 3 years Updated COVID-19 information since May 2020 View nursing homes by state and individual home Helpful top 20 lists that quickly let you see the best and worst homes Benefits of the New Tool With updated information and helpful features, families and caregivers of the elderly find several benefits in using this updated tool. Using Nursing Home Inspect, you can search nursing homes near you to discover patterns and repeat deficiencies. You can quickly and easily see which homes have serious problems that endanger patients and which homes have the fewest violations. You have access to several different search options depending on your specific needs and concerns, and most importantly, you can view health inspection reports to read the details for yourself. This tool saves you time by compiling all the information that is already available into a user-friendly, easy-to-navigate website based on actual numbers and data rather than self-reported information. Justice for Elder Abuse and Neglect Tools like Nursing Home Inspect go a long way toward preventing nursing home abuse and neglect. Unfortunately, these types of abuses are still widespread. If a loved one suffered neglect or abuse from employees at their care facility, contact an Alabama nursing home abuse lawyer as soon as possible to seek justice for their emotional and physical damages. Contact Sawyer Law Firm Today Sawyer Law Firm has more than 25 years of experience protecting victims of nursing home abuse and neglect. Those with loved ones who have suffered physical injury or mental torment by caregivers in a nursing home facility deserve justice. Contact the team at Sawyer Law Firm today for a free consultation about your loved one’s case. We will fight for your family to get you fair compensation for their injuries.

  • Why You Should Be Skeptical When Viewing Nursing Home Ratings

    The process of finding the right facility for your elderly relative is challenging and involves researching availability, cost, and most importantly, the level of care your loved one will receive. Many families look to nursing home reviews and ratings to get a sense of the facility’s capabilities. It makes sense that a home with good reviews would be a safe place to put your loved one; however, recent information shows that the national nursing home rating system is flawed and cannot be blindly trusted. Find out why you should be skeptical when viewing nursing home ratings and how to protect your loved one from becoming a victim of nursing home abuse. National Nursing Home Rating System In 2008, the Centers for Medicare & Medicaid Services (CMS) implemented a national five-star rating system that allowed caregivers, patients, and family members to compare quality standards when searching for a nursing home. The system is based on three areas of information: health inspections, staffing, and quality measures (QMs). The system assesses the quality of each area with a numerical rating of 1 through 5. A 1 rating indicates below-average quality, while a 5 indicates above-average quality. Each of the three measurement areas receives its own rating, and the nursing home also receives an overall star rating. Flaws in the Nursing Home Rating System Although the intentions behind the rating system are noble, the practical application of data reporting and measurement has proven problematic. The rating system relies on a mixture of state health inspection reports and data provided by nursing home administrators, both of which misrepresent the information and provide a more positive picture of nursing home care than actually exists. The result is that those who go to the rating system for an accurate representation of care for their loved ones are being fed false information. This leads to many instances of elder abuse and neglect, even at highly-rated facilities. The following are major problem areas regarding the five-star rating system: Self-Reporting The fact that the rating system relies on self-reported data is a major problem. Privately owned facilities rely on good ratings to make a profit, and public-run nursing homes need high numbers to receive funding. This dynamic creates the need to fudge the numbers in favor of the QMs and Staffing rating areas. Homes report higher staff-resident interaction than occurs, and they may alter information relating to the physical and clinical measures that determine how well they care for residents. Failed Auditing In addition to self-reporting issues, the CMS often fails to audit health inspection reports to ensure that the information being reported is correct and that issues that are found are addressed. Many homes are tipped off on health inspections and hide issues from the inspector. They also place temporary fixes on long-standing issues so that the inspectors downgrade the problem or don’t mark it because it appears that it is being resolved. Without CMS audits of the health inspections, nursing homes have no accountability to follow through on the findings nor for inspectors to perform thorough inspections. Free Marketing Unfortunately, the nursing home rating system has become a form of free marketing to nursing homes. Its original intention was to offer people an easy, impartial way to compare the standard of care between nursing home facilities. However, what has happened is that nursing home administrators and owners are using the system to advertise to customers, much like a hotel review online. This effect has increased the self-reporting errors and misdirection to get a higher rating and become a more profitable or higher funded facility. For families and victims of nursing home abuse in an Alabama nursing home facility, it is important to reach out to a Montgomery nursing home lawyer as soon as possible. Not only can you seek compensation for their injuries and emotional distress, but you can also help raise awareness about the fallibility of the nursing home rating system by taking legal action against the home. Legal Representation for Nursing Home Abuse If your elderly loved one has suffered nursing home abuse or neglect despite living in a high-rated nursing home, an experienced nursing home lawyer can help. Sawyer Law Firm specializes in nursing home mistreatment cases and will work to get compensation for your loved one’s physical and emotional suffering. Our team will fight to hold those responsible for your loved one’s mistreatment accountable for their negligence.

  • Alabamians Are Now Considering Alternatives to Nursing Homes — Here’s Why

    Due to devastating COVID-19 outbreaks in nursing homes around the nation, in addition to an alarming rise in instances of elder abuse and neglect, people are examining alternative methods of care other than nursing homes for elderly and disabled adult care. Learn why Alabamans are considering alternatives to nursing home care and how a nursing home abuse lawyer from Sawyer Law Firm can help if your loved one is harmed in a nursing home. The Pandemic’s Effect on Nursing Home Care In 2020, U.S. nursing home residents were one of the most vulnerable populations to COVID-19. Elderly residents, who were already at risk due to their age and health conditions, became even more vulnerable when the media began reporting on abandoned nursing home cases where residents were neglected and left to die. The circumstances surrounding the pandemic have caused people to question whether nursing home care is right for their loved ones. The idea that an elderly family member could be trapped in a nursing home during a lockdown, away from loved ones who could check on their wellbeing, did not sit right with many Alabamans. Many people had also previously experienced the abuse or neglect of a loved one in a nursing home. The isolation of COVID-19 lockdowns and the pandemic’s effect on already struggling nursing home staff worried those with loved ones in nursing home facilities. Common Issues in Nursing Home Care Up to 5 million elderly people are abused or neglected in nursing homes annually. One of the major contributing factors to elder abuse and neglect is that nursing homes are understaffed, and the staff they do employ is undertrained. Many nursing homes in the United States run on an underqualified skeleton crew, a problem that has been made worse by the pandemic. Due to staff who are overworked, undertrained, and in some cases, actively malicious, the elderly suffer horrendous abuse in isolated nursing homes. Common types of neglect and abuse include: Physical Abuse Physical abuse includes any instance where a staff member intentionally causes pain or injury to a resident. Physical abuse manifests as fractures, burns, bruises, cuts, dislocations, and internal injuries. Emotional Abuse Emotional abuse is the use of psychological methods to induce fear, anguish, distress, and anxiety in patients. Staff may bully, harass, coerce, yell, humiliate, isolate, and intimidate nursing home residents. Financial Exploitation Often overlooked, financial exploitation also occurs in nursing homes. Patients’ belongings may be stolen, or staff might access their financial assets for personal gain. Sexual Abuse Sexual abuse involves nonconsensual sexual conduct between the elderly resident and the perpetrator. This includes sexual assault, rape, exploitation, and exhibitionism. Neglect Neglect is a type of abuse; however, neglect is the failure to provide adequate care rather than actively harming an elderly person. Neglect can be unintentional, but the result is the same for the victim, whether the neglect is malicious or accidental. Neglect includes denying the patient water, food, clean bedding or clothing, basic hygiene, comfort, safety, and failure to provide proper medical care and medication. If your loved one has suffered any type of abuse in an Alabama nursing home facility, contact an Alabama nursing home abuse lawyer to discuss your legal options. Alternatives to Nursing Home Care When it comes to alternatives to nursing home care, Alabamians have a few options. Assisted Living Assisted living is appropriate for the elderly who need some level of care but can still function well independently. These facilities often provide residents with their own room or apartment. However, the staff helps them with daily tasks such as cooking, bathing, and providing medical care. Some of these facilities have a small staff-to-resident ratio, ensuring your loved one is well-cared for. It’s still advised that those considering assisted living facilities do their research to assess the quality of care provided. Medicare PACE Programs This program is for Medicare beneficiaries and offers services to the elderly that allow them to remain in their homes or with family. Medicaid HCBS Waivers Similar to the Medicare PACE program, the Medicaid HCBS waivers allow those who would otherwise be transferred to nursing home care the ability to stay with family or at home and receive a variety of services. Adult Foster Care Adult foster care opportunities offer citizens the opportunity to live in private residences with a small group of other residents where they share meals and assistance. Private Home Care Some families who have the means to hire private medical personnel or care for their loved ones can keep their relatives at home. In the wake of COVID, this option, which many would previously not consider due to the higher cost, is becoming more relevant. Call for a Free Consultation If your loved one has suffered abuse or neglect in a nursing home, contact Sawyer Law Firm today for a free consultation. Our nursing home abuse lawyers will review the facts of your case and determine the best legal strategy moving forward. Our goal is to gain your loved one compensation for their treatment at the hands of nursing home staff to give you some measure of comfort in a devastating situation. Reach out online or call our law office today to set up an appointment.

  • The Four Stages of Bedsores in Nursing Home Residents

    Bedsores are one of the most common injuries suffered by nursing home residents. The less mobile an elderly person is, the more likely they are to experience this painful form of injury when neglected by nursing home staff. Nursing home staff members are supposed to make sure bed sores never happen. In fact, the existence of a bedsore could be a sign that a facility isn’t taking good care of a resident. The more you know about bedsores and how to identify them, the better equipped you’ll be to notice when your loved one is being given negligent care in their nursing home. How to Identify the Severity of a Bedsore Bedsores are ulcers that result from sustained pressure on the skin. They predictably progress from mild discolorations to serious injuries that penetrate skin tissue all the way to the bone when left untreated. This progression happens in four stages. Stage One Bedsores What it looks like: As a bedsore forms, the affected skin takes on a red hue. The area might also be more sensitive to touch. At this point, there are no wounds or openings in the skin. What to do: First you need to determine if the red spot is a bedsore or simply irritation. One way to test the presence of a stage one bedsore is to press firmly on the sore and see if the skin turns pale once you release pressure. If it doesn’t, then it’s likely a stage one bedsore. Stage Two Bedsores What it looks like: As the ulcer progresses to stage two, it becomes painful, especially when touched. Typically, a wound starts to form during stage two of bedsore. It might look like a blister and appear redder and more swollen than it did in stage one. What to do: Medical intervention is important in stage two, as it can prevent the ulcer from penetrating the body more deeply and decrease the likelihood that bedsore becomes infected. Stage Three Bedsores What it looks like: During stage three of bedsore, the affected area now will have an open wound that resembles a cavity or crater. Stage three bedsores often have a strong or foul odor. The surrounding area will appear very red. It’s likely the wound will ooze pus. What to do: Stage three bedsores require immediate medical treatment. Antibiotics and mild surgical interventions might be necessary. Stage Four Bed Sores What it looks like: Stage four bedsores are incredibly painful. Areas that were red in the prior three stages might begin to take on black color. The wound enlarges and deepens. In some cases, bedsore extends into muscle, soft tissue, and—in the worst of cases—bones and cartilage. What to do: Stage four bedsores are medical emergencies. The risk of infection is high, and surgical interventions are often necessary. These injuries can take several months or even years to heal. Learning More About the Dangers of Bed Sores At Sawyer Law Firm, we’re all too familiar with these injuries. We’ve worked with several clients with loved ones who suffered very serious bed sores at the hands of negligent nursing homes. Read our short guide on understanding bed sores to learn more about who is most susceptible to bedsores and steps to avoid these potentially fatal and preventable injuries. If Your Loved One Has Bed Sores, Act Now If your loved one has a bedsore, it’s important to act immediately before it progresses: infections are serious business. If your loved one is in a nursing home, alert the staff about bedsores. You might also need to consider legal action if you believe your loved one isn’t being given the care they need because negligence tends to only get worse over time when left unconfronted. At Sawyer Law Firm, we help clients hold negligent nursing homes accountable when they neglect residents to the point of developing bedsores. Contact our Alabama nursing home injury lawyers today to schedule a free consultation and start getting your bedridden loved one the help they need.

  • Antipsychotic Drugs Are Widely Misused in Nursing Homes

    Each week in the U.S., nearly 300,000 nursing home residents are given antipsychotic medications. Shockingly, most of those residents don’t suffer from any form of psychosis. Misuse of antipsychotics has been a problem in nursing homes for decades, often worsened by pharmaceutical companies’ aggressive marketing efforts encouraging off-label use of the medications. In many cases, these drugs are given to patients with dementia or Alzheimer’s disease as a “chemical restraint” to sedate or calm them. Studies have repeatedly shown that these medications offer no benefit for patients suffering from dementia. In fact, they could worsen the health of these vulnerable patients. How Serious Is the Problem? Approximately one out of every five residents in skilled nursing facilities are given antipsychotic medications. Some studies indicate that the problem is worse in nursing homes with higher proportions of Medicaid-reliant residents, suggesting that socioeconomically disadvantaged residents might be more susceptible to the misuse of antipsychotics. In some cases, nursing homes don’t get informed consent from the patients or their families to administer these drugs, as is required by law. In other cases, these facilities fail to give patients or their families the information needed to understand the complications that might accompany the use of antipsychotic drugs. Common Side Effects of Antipsychotic Medications Antipsychotics affect individual users differently. However, some of the most common side effects for antipsychotic medications include: Drowsiness Shakiness Blurred vision Restlessness Weight gain Constipation The side effects could cause particularly adverse effects in elderly people, especially those with dementia or Alzheimer’s disease. The misuse of antipsychotics could result in: An increased risk of falling Changes in personality or mood A worsening of heart issues Families Must Be Vigilant About the Health of Their Loved Ones Though nursing home resident advocates and some lawmakers have voiced concerns over the misuse of antipsychotic drugs, research suggests it remains a persistent problem in nursing homes across the U.S. Despite warnings from the U.S. Food & Drug Administration, facilities continue to give elderly people unneeded—and potentially harmful—antipsychotics. This means it’s often up to families to determine whether their loved ones are being given unnecessary antipsychotics by nursing home staff. If your loved one has dementia or Alzheimer’s disease and displays any of the symptoms listed above, ask staff members at the facility if they’ve given your loved one antipsychotic medication. Know That You Have Legal Options If your loved one is being mistreated in a nursing home, you have legal options to get them the care they need. Though some law firms are reluctant to take cases in which residents or their family members signed arbitration agreements, attorney J.P. Sawyer is known in the Alabama legal community for his willingness to take these cases. We believe that every abused, neglected, or injured nursing home resident deserves justice. If you’d like to explore your or your loved one’s legal options, we encourage you to schedule a free consultation with the Alabama nursing home injury attorneys at Sawyer Law Firm today. Our case reviews are free, and you’re under no obligation to move forward with a case if you don’t wish to do so.

  • The Link Between Abuse, Neglect, and Mental Health in Older Adults

    An older person’s mental well-being has a profound impact on their overall health. Depression, anxiety, and loneliness—all of which affect many older adults—can cause chronic and often deadly health conditions. Mental health issues are a concern for older people, even when their living conditions are relatively normal for someone in the later stages of life. But when combined with physical or mental abuse and neglect, these issues become catastrophic for seniors. Even Without Abuse or Neglect, Mental Health Problems Plague the Elderly Roughly one in five people age 55 and older experience mental health issues, including anxiety, cognitive impairment, depression, and other mood disorders. Access to emotional or social support also declines as we age; people aged 65 and older are more likely to report that they receive very little or no support than people age 50 to 64. These numbers give us a reference point for the challenges facing older adults in the U.S. From this baseline, we can see how abuse or neglect compounds mental health issues suffered by older adults. The Impact of Abuse on Mental Well-Being Older abused adults are 300% more likely to die a premature death than older adults who don’t suffer abuse. The connection between abuse and premature death is complex, but research shows that depression is far more prevalent among older adults who are abused compared to those who are not. Depression leads to hopelessness and despair, which can lead to premature death and suicide. People who suffer from emotional distress like anxiety and depression are also more likely to suffer abuse. That abuse then increases emotional distress, leading to a cycle of worsening abuse and mental health issues. Neglect, Abuse, and Loneliness Depression, especially when caused by abuse, makes people more likely to withdraw from their support systems. Loneliness among the elderly is linked to an increased risk of premature death, dementia, and cardiovascular issues. Neglect, also considered a form of abuse, inherently leads to loneliness and often hopelessness. Without a support system providing care or connection, an older adult is at greater risk of suffering a wide range of diseases and premature death. Nursing Homes Have an Ethical Obligation to Support Residents Nursing homes that don’t prioritize residents’ physical and emotional well-being create an atmosphere of depression, anxiety, and hopelessness in their facilities. That’s the opposite of what people expect these facilities to do when they trust them with the care of their loved ones. In some cases, nursing homes hire staff that acts in bad faith toward residents, which could lead to physical or verbal abuse by nursing home employees. In many cases of nursing home negligence, inadequate care results from insufficient oversight and management of facilities. This makes neglect, incompetent care, and abuse at the hands of other residents more likely. If You’re Concerned About the Health of Your Loved One, Contact Us J.P. Sawyer has built a reputation as a dedicated legal advocate for injured nursing home residents and their loved ones. If you believe your loved one is being abused, neglected, or mistreated in a nursing home, you should know that you have legal options available. Contact the Alabama nursing home abuse attorneys at Sawyer Law Firm today to schedule a free, confidential case review.

  • Alabama Nursing Homes Are Reopening: What to Look for When You Go

    One of the biggest challenges posed by the COVID-19 pandemic has been the inability to visit loved ones without putting them at risk of catching the virus. This is especially true when your loved one is among the most vulnerable category of the population and living in a nursing home or assisted living facility. Though many Alabama residents have been able to visit elderly loved ones in outdoor settings, some can now do so indoors, too, provided they follow the state’s protocol. In late September 2020, the Alabama Nursing Home Association announced a plan to resume indoor visitation in nursing homes. Outdoor visitations will also continue to be an option for visitation. What Led to the ANHA’s Change in Plans? Two factors have enabled indoor visitation: updated guidance from the Centers for Medicare and Medicaid Services (CMS) and an amended state health order. The guidance cautions facilities to take several precautions before allowing visits. For example, nursing homes must: Have no new COVID-19 cases in the last 14 days before allowing indoor visitors Restrict the number of visitors per resident Limit the number of visitors in the building at any single time Restrict visitors’ access inside the building to essential spaces only All visitors must wear a mask over their mouth and nose while practicing social distancing during their entire visit. A failure to follow these policies could lead to a denial of future indoor visits. What You Should Do When Visiting a Loved One Indoors Schedule an appointment in advance of your visit. Use alcohol-based hand sanitizer before, during, and after the indoor visit. Wear a mask that covers your mouth and nose throughout your visit. Keep a distance of at least six feet from both staff and residents. Stay away from areas not designated for visitation. What NOT to Do When Visiting a Loved One Indoors Don’t attempt to visit your loved one without first booking an appointment. Don’t take off your mask while visiting your loved one indoors. Don’t walk into any restricted areas of the nursing home. Don’t attempt to visit your loved one if you’ve had symptoms of the coronavirus, even if you believe the symptoms are not due to COVID-19. Is It Really Safe to Visit Your Loved One Inside a Nursing Home? Though the number of new coronavirus cases in Alabama has declined over recent weeks, it’s clear from the data that Alabama officials are still struggling to contain the outbreak. Choosing to visit a loved one in a nursing home is a highly personal decision, and every individual must weigh the pros and cons to decide if it’s in their (and their loved one’s) best interests. If you do choose to visit your loved one, it’s essential you follow the guidelines set forth by the Alabama Nursing Home Association. Never visit if you’ve shown coronavirus symptoms and be sure to wear a mask at all times and maintain social distance from your loved one and the nursing home’s staff. Warning Signs to Look for When Visiting Your Loved One When you’re visiting your loved one in a nursing home, you should be aware of common warning signs of abuse or neglect. Many families don’t realize the unsafe conditions their loved ones are living in until they see them in person. If you’re concerned about abuse or neglectful care in your loved one’s nursing home, look for these warning signs in your loved one: Bedsores Unexplained cuts, bruises, or other injuries Weight loss Dehydration Poor hygiene Unsanitary living conditions Significant changes in health status Significant personality changes Depression Anxiety These warning signs could signal that your loved one isn’t being given the treatment they deserve. If you’re concerned about the health and safety of your loved one, know that we’re here to help. If You Need Legal Help, Contact Us The Sawyer Law Firm is known throughout Alabama for its track record on nursing home abuse and neglect cases. If you want to speak to a law firm that knows these cases, don’t hesitate to contact us to schedule a free, no-obligation case review.

  • How to Pick a Safe Nursing Home [Guide]

    Deciding to move a loved one into a nursing home is always difficult. We all want the best for our loved ones, and it’s important to understand just how important it is to choose the right facility. In a poorly run, negligent nursing home, your loved one could be exposed to many risks. Their risk of injury and illness increases. Their quality of life decreases. In the worst of cases, your loved one may be in danger of serious health problems, neglect, and abuse. When your loved one’s well-being is at stake, due diligence on your part is imperative. To help you in your search, we’ve created a free guide for picking the right nursing home for your loved one. Click on the image below to access our free guide. Warning Signs of a Negligent Facility As you’ll learn in our free guide, there are several warning signs you should look out for when you’re searching for nursing homes in your area. The following items could be signs that a facility should be avoided. The nursing home’s staff seems rushed, overly busy, and inattentive to residents’ needs. The facility isn’t clean or well-maintained. Residents of the facility appear malnourished or generally unhealthy. How to Go About Your Search for the Right Nursing Home Our guide will give you some tips for conducting a nursing home search. Here are a few pointers: Ask friends and family who have experience with nursing homes about their experiences. Search for ratings and reviews on authoritative websites. Visit the facility you’re considering. You might find it helpful to visit a facility more than once before you make the decision to move your loved one into a nursing home. Notify the nursing home before your first visit so they’ll be prepared for you. On your second visit, don’t notify the facility. Then you can compare your experience of both visits. If You Need Legal Help, Sawyer Law Firm Is Here If your loved one has suffered injuries or illnesses in a negligent nursing home in Alabama, Sawyer Law Firm can help. We’ve built a reputation as one of the go-to nursing home abuse and neglect law firms in Alabama. We can help you explore your legal options and determine the best path forward for you and your loved one. Contact Sawyer Law Firm today to schedule a free, no-obligation case review.

  • Is Poor Oral Hygiene a Sign of Nursing Home Neglect?

    Ever since you were a child, you’ve probably heard more reminders to brush your teeth than you care to remember. There’s a good reason for that; oral health is crucial if we hope to live long, healthy lives. And research shows that it’s even more important for elderly people. When an elderly person is no longer able to care for themselves, they might need their caregivers at a nursing home or assisted living facility to tend to their most basic needs. One of the key responsibilities of a nursing home’s staff is ensuring that residents receive proper oral care. When a nursing home doesn’t prioritize this essential facet of its residents’ health, it introduces serious risks of other health complications. And it could be a red flag that the facility isn’t properly caring for its residents in other ways. The Dangers of Poor Oral Hygiene for Elderly People Poor oral care can lead to many serious health complications. For example, an infected tooth can spread an infection to other parts of the body, which is particularly dangerous for elderly people who have pre-existing conditions. The ability to chew food is also critical for elderly people in nursing homes. Malnutrition can weaken a person’s immune system. It can also weaken bones and muscles, which makes falls and fractures more likely and more dangerous. Poor Oral Hygiene as a Red Flag for Other Problems If a nursing home fails to attend to residents’ oral health, it might also be negligent in other aspects of care. The same facility might be neglecting to provide adequate nutrition, hydration, medication, or thorough cleaning of patients’ rooms. Neglecting to perform these routine tasks puts residents at great risk for serious injuries and illnesses. And if the nursing home’s actions (or inactions) endanger residents, concerned family members have a right to take legal action. Looking for Signs of Neglect in Your Loved One’s Nursing Home If you have a loved one in a nursing home, you might have noticed a warning sign of a negligent facility. Some of the most common red flags to look out for are: Poor oral hygiene (infected, chipped, or heavily stained teeth) Unsanitary living conditions Significant weight loss Inadequate grooming Dehydration A failure to administer necessary medications These warning signs could indicate that your loved one is in a dangerous facility where they aren’t getting the care they require. If your loved suffers serious injuries or symptoms of neglect because of a nursing home’s neglect, you should contact an attorney as soon as possible to get help. We Hold Alabama Nursing Homes Accountable for Negligence At Sawyer Law Firm, we’ve built our reputation on the results we get for families of abused and neglected nursing home residents. Other firms throughout the state frequently refer these cases to J.P. Sawyer because they know he can get results. We’ve recovered over $35 million for our clients, and we aren’t afraid to take cases involving arbitration, which isn’t always true for many nursing home abuse attorneys. If you’re concerned about the well-being of your loved ones, contact Sawyer Law Firm today for a free, private consultation.

  • What are the Most Common Types of Elder Abuse?

    About one out of every 10 elderly people in the U.S. are abused, neglected, or financially exploited, according to the U.S. Department of Health and Human Services. Many instances of elder abuse go unreported, so it’s likely that abuse is far more widespread than statistics suggest. One of the best ways to combat the occurrence of elder abuse is through increased awareness of the problem. By knowing the warning signs of abuse, we might be better equipped to notice it when it happens to our loved ones. Let’s get started by exploring the most common types of elder abuse. Physical Elderly Abuse Physical abuse involves striking, shoving, or sexually assaulting an elderly person. Though less common than financial or emotional abuse, the damage caused by the physical assault of an elderly person is profound. Signs of physical abuse include bruises, cuts, broken bones, depression, anxiety, and personality changes. Emotional Elderly Abuse Emotional abuse involves yelling at, bullying, ignoring, or otherwise mistreating an elderly person. It’s the most common form of elderly abuse. Signs of emotional or mental abuse include depression, anxiety, mood swings, personality changes, and a reluctance to discuss the abuse. Financial Elderly Abuse The financial exploitation of elderly people is the second most common form of elderly abuse. It’s often difficult to detect, partly because the person being exploited might not be aware of how badly they’re being taken advantage of. Financial abuse or exploitation can be perpetrated by family members, friends, or scammers. Risk Factors for Abuse Several factors make elder abuse more likely. Research shows that the following traits make an elderly person more vulnerable to abuse and exploitation. Dementia – As many as 50% of elderly people with dementia experience some form of abuse Dependence on others to perform basic tasks Poor overall health Scarce economic resources Prior traumatic experiences, such as domestic violence The fewer people an elderly person has in their life, the more vulnerable they are to being abused. If you have a loved one who you suspect is being abused, you might be their best hope for stopping it. Types of Abuse in Nursing Homes At Sawyer Law Firm, we focus on helping people subjected to abuse and neglect in nursing homes. This type of abuse has similarities and differences with abuse perpetrated outside of assisted living facilities. Physical and emotional abuse in nursing homes has the same warning signs listed above. This type of abuse can be committed by staff members or other residents. Abused nursing home residents might be even more reluctant to speak about the abuse they’ve experienced, simply because they’re more dependent on their facilities for basic necessities and care. Neglect is another form of abuse that is commonly seen in nursing homes. Signs of neglect include poor hygiene, unsanitary living conditions, malnutrition, dehydration, depression, personality changes, and withdrawal from people or activities one used to enjoy. What to Do If You Suspect a Loved One Is Being Abused First, try to communicate with your loved one about the abuse. Talk to them in private, away from those you suspect are abusing them. Let your loved ones know that help is available if they need it. If you suspect your loved one is being physically or sexually assaulted, emotionally abused, or financially exploited outside of a nursing home or assisted living facility, consider notifying the authorities or, in Alabama, Adult Protective Services. If you believe your loved one is being physically or emotionally abused in a nursing home, you should speak to an experienced nursing home abuse attorney as soon as possible. Though reporting and addressing the abuse in a nursing home can be a complicated process, an attorney with direct experience handling these cases will know the best steps for you and your loved one to take. We Help Mistreated Residents in Alabama Nursing Homes At Sawyer Law Firm, we’re known as one of the go-to law firms in Alabama for nursing home abuse, neglect, and injury cases. Sadly, the mistreatment of elderly nursing home residents is a far-too-common problem in our state, and time is of the essence when your loved one is being mistreated in a nursing home. We encourage you to call our team as soon as possible to begin the process of removing your loved one from the facility they’re living in and to hold the negligent nursing home accountable for the harm they’ve caused. We’re one of the few firms in Alabama that accept cases involving arbitration. If you signed a contract when moving your loved one into a nursing home, you might have signed an arbitration agreement, which can make it more difficult to find assistance. However, even with a signed arbitration agreement in effect, there are steps you can take to ensure the health and safety of your loved one. If you need a nursing home abuse attorney in Alabama, contact the Sawyer Law Firm today to schedule a free, confidential consultation. We can help you explore all available legal options.

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