Q: Can a nursing home be held accountable for neglect?
My loved one is physically and mentally challenged and unable to speak and has a peg tube. He has been hospitalized and sent to the ER several times for different reasons ( infections, dehydration, peg tube dislodgment, peg tube misplacement). There was even a time I’ve gone to visit and noticed a very bad wound to his buttocks. No treatment was being done and no one notified me of it. I’ve voiced my concerns to Medicaid, the nursing home’s staff ( executive director, director of nursing, the nursing staff, the omsbudsmen) still nothing is being resolved. I don’t know what else to do but reach out for guidance on this situation.
A: Yes, they can, and should, be held liable for negligent acts that cause harm to the resident. These claims fall under the Medical Liability Act in Alabama. If the nursing home and its staff breaches the standard of care, and the resident suffers harm as a result of the breach then you could have a cause of action. You will have to present expert testimony to prove the breach of the standard of care and resulting harm. I have personally handled claims against nursing homes in Alabama for infected PEG tubes. You should contact an attorney that handles nursing home abuse and neglect claims to review the facts to determine if there has been a breach in the standard of care.
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