The most common type of neglect and abuse are malnutrition and dehydration, falls, pressure sores, infections, burns, and assaults. Staffing and training deficiencies often cause these injuries. Where there is one victim of neglect or abuse in a nursing home or residential facility, more can be found; in fact, there is probably a continuing pattern of neglect at the facility. The facility’s history of violations of both federal and state law can show this pattern.
In Alabama, nursing home cases are classified as medical malpractice actions. The significance of this classification is that every nursing home claimant must comply with Alabama’s special tort reform legislation involving medicine. Brinkley and Brinkley has tried many medical malpractice actions, some of which have reached the appellate level including: Wells v. Storey 792 So. 2d 1034 (Ala. 1999), Jones v. Bradford by and through Bradford 623 So. 2d 1112 (Ala. 1993), and Williams v. Robinson 512 So. 2d 58 (Ala. 1987), 69 A.L.R. 4th 861.