Nursing Homes, COVID-19 and Med Malpractice

Jul 14, 2020 | Allen A. Ritchie

Allen's Answers


Your father is in a nursing home, and the facility won’t let you see him. You fear he is mistreated. Is it a lawsuit?

This is a very difficult question, but one I am being asked more and more.

Here is the problem that people in Mobile and surrounding areas have been facing. You used to be able to visit your relative at the nursing home and could see how grandpa or grandma was being treated. Now with the COVID-19 virus outbreak, you can’t. Every nursing home, which I know about, is not allowing visitors.

If you have a loved one who has been neglected in a nursing home, your claim is one of medical malpractice – the failure of a medical practitioner or a medical facility to provide proper care.

Let me say, even in good times, this can be one of the most difficult cases to prove. And we are not living in good times.

This type of case is so difficult to win because you must have someone willing to tell the truth. It has been my experience that you often have to rely on medical records, and many people are reluctant to put something in writing that criticizes a co-worker.

In Alabama, physical abuse and sexual abuse plus falls due to negligence are considered medical malpractice.  Also, our state has a 2-year statute of limitations which means you must file a lawsuit within that time if you plan to receive a financial settlement.

Despite the difficulties, do not fear to fight for your loved ones. I have found that there are many good workers in nursing homes across our area who want justice for the elderly and are willing to speak the truth.

If you are hurt in a traffic accident or suffer a personal injury, you can talk to us at the Law Firm of Eiland and Ritchie for free. We want to help you get back on your feet. We are working remotely mostly but are always available.

Also, join us on NBC 15 LawCall here in Mobile every Sunday night at 10:30 right after the news. We will take your calls live. We are experimenting with new ways to do the show and still follow the CDC guidelines. You might want to see what we have come up with.

Allen Ritchie

Alabama personal injury lawyer