legal resources necessary to hold negligent facilities accountable.
Memphis Nursing Home Abuse Lawyer
Was your loved one harmed, mistreated, abused, or died unexpectedly from neglect while living in a Tennessee nursing home?
Contact the affiliate Tennessee personal injury attorneys at Nursing Home Law Center at 800-926-7565 (toll-free) today to schedule a free case review. Let our Memphis nursing home abuse lawyers discuss a financial compensation claim with you to recover your damages.
All confidential or sensitive information you share with our law offices remains private through an attorney-client relationship.What is Nursing Home Abuse?
Abuse is defined as any action that results in harm or mistreatment. In nursing homes, it can take many forms, from physical to emotional to financial. It can happen to anyone at any time and often goes undetected.
Neglect and abuse in nursing homes are serious problems in the United States. According to a study, psychological abuse constitutes 11.8% of all abuse in nursing homes. Meanwhile, 3.8% of the cases are of financial abuse, while 2.2% are sexual abuse.Types of Nursing Home Abuse
A nursing home resident may experience different types of abuse, according to the National Institute on Aging. In some cases, a resident may be a victim of abuse and neglect involving:
Nursing home abuse is often physical. The staff members of elder care facilities, friends, family members, employees, visitors, and other patients may inflict physical harm to residents.
Physical abuse includes hitting, shoving, kicking, burning, punching, or tripping. It also includes administering drugs that are not prescribed or otherwise necessary.
Sexual abuse is any non-consensual sexual contact. This type of elder abuse can happen in nursing homes when a staff member, visitor, family member, employee, another patient forces a resident to engage in sexual activity.
It can also happen when anyone takes advantage of a resident's mental or physical incapacity to engage in sexual activity. Most personal injury cases constitute sexual and physical abuse.
The National Center for Elder Abuse defines psychological abuse as "inflicting mental pain, anguish, or distress on an elder person through verbal or nonverbal means."
Psychological abuse is the most common type in a nursing home or rehabilitation center. The staff or other residents may inflict mental pain on the elderly. Such abuse can take many forms, from name-calling and verbal threats to social isolation and intimidation.
Nursing home patients are often targets of financial abuse. It includes theft, fraud, or exploitation.
For example, a staff member may steal a patient's credit card or bank information and use it to make unauthorized purchases. Or, a staff member may convince a patient to sign a financial document against their will.
Medical malpractice often involves negligence. For example, if a staff member fails to give a resident their prescribed medication, it may cause them pain and suffering.
The National Center for Elder Abuse regards abandonment as the desertion of a vulnerable elder by someone who has assumed the responsibility for care or protection.
Most cases occur in domestic settings, with elderly women being abandoned more often than men. Reasons cited for abandoning elders include the caregiver's youth, inexperience, or immaturity. Some signs of mistreatment due to neglect are:
- Untreated bed sores
- Poor personal hygiene
- Unattended health problems
- Unsanitary living conditions
- Dehydration or malnutrition
Unfortunately, many elderly are unaware of their civil rights or are reluctant to speak about the neglect they experience at nursing or retirement homes. If your elderly loved one has experienced abandonment at their retirement home or long-term care facility, the institution may be held liable.How to Report Abuse in Nursing Homes
Family members of victims can report the incidents to the administration at the nursing home. When complaining to the authorities, make sure to write down all the details of what happened, when it occurred, and who was involved. Be as specific as possible in your statements.
The family members can also file a report with social services or the police if they believe their loved one has been physically abused, sexually assaulted, or neglected.
You may also file a complaint to the state's long-term care ombudsman or adult protective services agency. If you suspect that the facility knew about the neglect/abuse and did not take the required measures to prevent it, you can also contact a Memphis TN legal professional to discuss your options and whether you can take legal action against the facility.What Damages Can You Recover in Nursing Home Abuse Cases?
If you or a family member has suffered abuse at an assisted care facility, you may be able to recover certain damages in a lawsuit. The compensation will depend on the facts and circumstances of your case, along with your state's abuse or personal injury laws.
Most people who file lawsuits against assisted living facilities can recover economic and non-economic damages. These include:
- Medical Costs: In personal injury cases, the plaintiff can recover the cost of any medical treatment related to the injuries, such as hospitalization, surgery, and physical therapy.
- Pain and Suffering: The plaintiff may also be able to recover damages for the pain and suffering caused by the injuries. It includes both the physical and mental anguish suffered by the resident.
- Loss of Consortium: In some states, the victim's spouse can also file a lawsuit for the loss of companionship and support suffered due to the injuries.
- Punitive Damages: In some cases, the court may award punitive damages to punish the defendant and deter others from committing similar acts in the future. These are common in instances of serious violations.
The lack of quality care in an elder care facility can be the precursor of potential abuse.How Can Nursing Home Abuse Lawyers Help Your Loved One?
Families of neglected or abused victims should hire an experienced attorney to help them hold those responsible financially accountable. An attorney can investigate the facility, obtain evidence and witnesses, and file a lawsuit on behalf of their client.
Our affiliate Tennessee attorneys offer a free consultation to discuss your case. Your attorney will also negotiate with the elder care facility for a settlement outside of court.Hire a Memphis Nursing Home Abuse and Neglect Lawyer to Resolve Your Compensation Claim
The Memphis, TN nursing home abuse attorneys at Nursing Home Law Center, LLC, are successful in fighting for the rights of nursing home residents seeking financial compensation and justice for their harm. Our affiliate Tennessee network of attorneys remains dedicated to ending mistreatment occurring in nursing facilities across the state.
Cases brought about by your lawyer will help to protect and preserve your loved one's rights to respect, dignity, and quality of life during this challenging time of their life.
Do you suspect your loved one is experiencing abuse or neglect? Call us today at 800-926-7565 (toll-free) to schedule a free consultation.
We accept every nursing home neglect, personal injury, and wrongful death case through a contingency fee arrangement with a no recovery, no payment guarantee. All our legal services are paid only after your Memphis nursing home abuse lawyer has negotiated an acceptable out-of-court settlement or wins your case at trial.