Information on Tennessee Nursing Home Abuse & Neglect Lawsuit Case Values
Nursing homes are a part of everyday life for millions of Americans. The Centers for Disease Control and Prevention (CDC) report that about two million Americans receive daily care from almost 16,000 nursing home facilities in the U.S. each year, about 70% of which are for-profit businesses. It is especially in these for-profit centers that much of the elder abuse occurs.
A nationwide study of elder abuse ranks Tennessee at number 33 overall in terms of its elder abuse protections. This ranking shows that there is much room for improvement, and that elder abuse is a huge problem in Tennessee.Types of Nursing Home Abuse and Neglect Found in Tennessee Nursing Homes
Nursing home abuse and neglect takes many forms, including:
- Physical Abuse
This negligent caregiver handling or intentional torts like assault and battery.
- Sexual Abuse
This applies to the unwelcome sexual touching, sexual battery, or rape of a nursing home resident.
- Injuries From Poor Care
Failure to maintain clean and safe facilities or failing to reposition bedridden and wheelchair-bound patients can lead to serious injuries.
- Falling Injuries
Nursing homes must assess individual fall risks and take precautions to prevent such injuries. A Tennessee care center has been barred from admitting any new patients after it was found that a woman with broken knees, suffered from a fall, was left in agony without proper treatment for nine days.
- Injuries From Wandering
Poor supervision of residents with dementia or other degenerative neurological conditions could allow them to wander and sustain injuries.
- Medication Errors
Caregivers must follow prescribing doctors’ orders concerning all patient medications. They must also account for potential interactions when administering new medications or treatments for isolated incidents, such as an illness requiring antibiotics.
- Financial Abuse
Abuse and neglect is not only physical. The misuse of a patient’s funds, coercion and theft are all forms of financial abuse commonly victimizing the elderly. Recently in Tennessee, a woman was arrested for misuse of thousands of dollars, exploiting a nursing home resident.
Unlike other states with less strict reporting requirements, Tennessee state law considers all residents mandatory reporters for elder abuse of any kind. This means anyone who witnesses elder abuse of any kind or who suspects nursing home abuse must file a report to Adult Protective Services immediately. Some of the most common signs of nursing home abuse and neglect include:
- Unexplained injuries. If your loved one has an unexplained bruise or recently suffered a bone fracture, be sure to investigate the cause of this or any other injury.
- Sudden diagnosis with a sexually transmitted disease, a common sign of sexual abuse.
- Repeat similar injuries. This as an indication the nursing home has failed to address his or her individual safety risks.
- Bedsores. If your loved one develops a bedsore, caregivers have failed to properly reposition him or her on a consistent basis.
- Dirty living conditions. Soiled clothes and bedsheets can cause infections, and failure to maintain clean facilities can encourage the spread of disease.
- Sudden changes in behavior. If your loved one suddenly seems anxious, depressed, or irritable these could be signs that he or she is suffering regular abuse and feels afraid to talk about it.
- Sudden death. It is essential to investigate immediately to rule out abuse or neglect as potential causes.
If any of these warning signs appear in your loved one, they should be taken seriously and reported immediately. Caring Estates, a home in a Memphis suburb, was recently cited for multiple abusive and neglectful accounts, including keeping one resident in a storage closet for months.How Much Is My Tennessee Nursing Home Negligence Case Worth?
The value of any nursing home abuse or neglect case fluctuates based on several factors. Economic damages include lost income from the family’s time spent caring for an abused or neglected loved one and the cost of additional medical expenses.
The age and overall medical condition of the victim and the nature of the abuse or neglect suffered also influence case outcome and recovery for pain and suffering. A few examples of different possible case values are:
- Bedsore Settlements
- Fall Settlements
- Inadequate Care Settlements
- Medical Error Settlements
- Nursing Home Abuse Settlements
If you suspect your loved one has suffered abuse or neglect at the hands of nursing home staff it is essential to act as soon as possible. Tennessee prosecutes elder abuse cases very aggressively, and an offender may face criminal prosecution and punitive damages in addition to liability for civil damages. A successful lawsuit may even encourage new legislation or policies to prevent similar incidents in the future.
Once you report nursing home abuse or neglect to the appropriate authorities and remove your loved one from the dangerous situation, contact us to discuss your options for legal recourse and the type of compensation you may receive from a successful lawsuit.