Tennessee Nursing Home Abuse & Neglect Attorney
Nursing home abuse statistics indicate that neglect, abuse and exploitation are issues that society has yet to resolve. Over 40 percent of Tennessee nursing homes were cited for having an accident-prone environment in 2008, and over 30 percent of Tennessee nursing homes had issues with maintaining professional standards. Even worse, statistics from the University of California-San Francisco research study indicate that over 19 percent of all Tennessee nursing homes continue to have issues with infection control. This means that your loved one may be at risk for developing pneumonia or contagious illnesses that other residents in a facility have. If you feel concerned about the abuse or lack of care that is being provided to your loved one, then you can speak with a Tennessee nursing home lawyer today. A Tennessee nursing home neglect law firm can take initiative to start investigating the standards at the nursing home of your loved one to see whether they drastically fail to meet federal and state laws.
Throughout the year, Medicare gathers statistical information on the 316 nursing homes rated in Tennessee based on investigations and surveys. According to the federal agency, currently, 106 (34%) of these Tennessee nursing homes have fallen below the national average and now provide their residents substandard care. Was your loved one injured, mistreated, abused or did they die unexpectedly from neglect while living in a Tennessee nursing facility? If so, we invite you to contact the Tennessee nursing home abuse attorneys at Nursing Home Law Center today to begin a claim for compensation. Let us evaluate the merits of your case during a free review.Nursing Home Injury Laws in Tennessee
There are several statutes that provide protections for residents in Tennessee nursing homes. These statutes are the Adult Protection Act, Mental Health and Developmental Disabilities/Licensing of Services and Facilities Act, Rights of Nursing Home Patients Act and Registry of Persons Who Have Abused, Neglected or Misappropriated the Property of Vulnerable Individuals Act. It is interesting to note that Tennessee law requires nursing home facilities to register on a public database when they have engaged in the financial exploitation of residents. This is one of the strongest measures that has been used to end nursing home exploitation in Tennessee.
The Adult Protection Act is in place to require that individuals go ahead and file a written and oral report when they have reasonable cause to believe that a vulnerable adult has been abused. When an individual is aware of this abuse, he or she must file a report. Otherwise, the failure to report abuse or neglect makes a person criminally liable and may be a misdemeanor. After a report is made, then a department will need to take steps to end the exploitation and abuse of vulnerable adults. Any worker who decides to report incidents of abuse and neglect will be provided with immunity under the statute. This means that an administrator may not discriminate against the worker for filing a report.
During an investigation by law enforcement, nursing home administrators are under a duty to cooperate. You may also wish to get a lawyer involved at this time to also begin an investigation of the abuse and neglect. It will be vital to gather photographs of the injuries, testimony from other workers, samples of contaminated food or other evidence to prove the instances of abuse and neglect.Understanding the Legal Rights of Your Loved One
Your loved one has clear rights that are spelled out in the Nursing Home Reform Act of 1987. It is important that family members do not forget about the protections that are in place for loved ones under the law. If you suspect that a nursing home may not be respecting the rights of a loved one, then you should get in touch with a nursing home lawyer as soon as possible. A nursing home lawyer can research your case to see instances in which rights may have been violated. The following are examples in which rights under the Nursing Home Reform Act of 1987 are violated for individuals:
- Private patient records are left out in the open
- Inadequate social and physical therapy programs exist
- A care plan was never developed for your loved one
- Medications are not administered on a consistent basis
- Employees treat residents with disrespect and vulgarity
- Sedative drugs and physical restraints are used to control patients
When you realize that a loved one may be victimized in an abusive situation at a nursing home, the situation can be alarming, overwhelming and scary. Nursing home lawyers are here to ease your concerns by fighting for the rights of your loved one. This may mean requesting damages in the form of all of the harm that your loved one has suffered. Our lawyers are eager to help residents throughout Tennessee in areas such as:
A Tennessee nursing home neglect law firm can help you today.Tennessee Nursing Home Negligence Lawyers Serving Victims of Bed Sores, Pressure Sores & Decubitus Ulcers
Many Tennessee nursing home patients are bound to a wheelchair or bedridden and lack the capacity to readjust their body without assistance. Unfortunately, remaining idle for two hours or longer increases the risks involved in developing a decubitus ulcer. Remaining in the same position for an extended time restricts blood flow to the skin, causing a wound to appear.
Rosenfeld Injury Lawyers LLC appreciates the sense of betrayal families experience when their loved ones develop a pressure sore during a stay at a Tennessee nursing home or hospital. Our Tennessee nursing home neglect lawyers are committed to holding these facilities fully accountable for their conduct when a patient developed a bed sore at their facility. We invite you to contact our office for a free review of you case today.
While mobility-challenged individuals are most at risk for developing a serious decubitus ulcer, it can happen to any nursing home patient. Minimizing the potential of developing a bedsore necessitates following a strict protocol where patients are monitored and evaluated multiple times every day.What Causes a Decubitus Ulcer?
A decubitus ulcer (pressure ulcer; pressure sores; bedsore) occurs when blood circulation is restricted to skin and underlying tissue. The most common body parts at risk for developing a sore are bony prominences that make continuous contact with a chair, mattress, bedding material or cushion. These areas include:
- Ankles and heels
- Sacrum and buttocks
- Shoulder blades and shoulders
- Neck and the back of the head
Without proper blood circulation, the skin is deprived of necessary oxygen. Within minutes, the dermis and epidermis layers of skin become compromised and start to inflame. In its early stage, a bedsore usually appears as tiny red dots or a noticeable blister, where the surrounding skin is softer or firmer than the wound.
The medical community categorizes decubitus ulcers in four specific stages. In its early stage, the condition is reversed easily when treated properly. However, at its advanced stage, the condition can easily become life threatening. The stages include:
Stage I – In its initial stage, the wound appears as a reddened area where skin has been deprived of oxygen. The compromised tissue can easily heal within days if no additional pressure is allowed at the site until the condition is resolved.
Stage II – When the bedsore is allowed to progress to an advanced stage, a shallow crater typically forms at the affected site. Sometimes, fatty deposits can be seen at the bottom of the small crater.
Stage III – If the pressure wound is allowed to advance to this critical stage, the shallow crater now deepens and begins to expose muscles below. Usually at this stage, a knowledgeable team of medical professionals trained to assist patients with a life-threatening wound is required is a treatment intervention. Usually, debridement is performed where any dead or dying tissue is removed to begin the healing process.
Stage IV – At this most advanced age, the patient is at risk of dying from bone infection (osteomyelitis) or blood infection (sepsis). Typically, a stage four decubitus ulcer involves exposure of the bone, muscles and tendons. To save the life of the patient, it is essential that skilled medical professionals who specialize in life-threatening wounds treat the sore.
When a patient suffers a bedsore at a critical stage, it is often the sign of negligence or inattentiveness by the medical team at the nursing facility. This is because effective protocols have been proven highly successful at reversing nearly every pressure sore in its early stage. If the patient has been provided quality care, proper nutrition and hydration, the potential of developing a wound should have been eliminated.
When a family recognizes that their loved one has suffered a life-threatening pressure ulcer, it is crucial to hire Tennessee decubitus ulcer lawyers to take legal action. The attorneys can hold every responsible party legally accountable for their negligence and ensure that the loved one receives proper health care by outside medical professionals.
If you are looking for an attorney to assist with the investigation or prosecution of a nursing home abuse case involving bed sores or other injury visit the pages below:
- Memphis Nursing Home Abuse & Bed Sore Lawyers
- Nashville-Davidson Nursing Home & Pressure Sore Lawyers
- Knoxville Nursing Home Neglect & Pressure Ulcer Attorneys
- Chattanooga Bed Sore & Nursing Home Neglect Attorneys
- Clarksville Pressure Sore & Nursing Home Attorneys
Fill out the form here to schedule an appointment with reputable Tennessee decubitus ulcer lawyers listed below. The attorneys can help you stop the negligence and seek financial compensation from all parties responsible for the injuries your loved one has endured.
STATUTE OF LIMITATIONS
- 1 year with Discovery Rule. (Tenn. Code Ann. §28-3-104)
- Medical malpractice – 1 year with Discovery Rule, but no later than 3 years after the date on which the negligent act or omission occurred, unless the action involves a foreign object. (Tenn. Code Ann. §29-26-116)
STATUTE OF LIMITATIONS
- 1 year. (Tenn. Code Ann. §28-3-104)
- Tennessee Department of Health
- Adult Protective Services
- Commission on Aging and Disability
- Long Term Care Ombudsman
- Adult Protection Act – (Tenn. Code Ann. §§71-6-101-20)
- Mental Health and Developmental Disabilities, Licensing of Services and Facilities – (Tenn. Code Ann. §33-2-402)
- Rights of Nursing Home Patients – (Tenn. Code Ann. §68-11-9)
- Registry of Persons Who Have Abused, Neglected, or Misappropriated the Property of Vulnerable Individuals – (Tenn. Code Ann. §§68-11-10)
Our attorneys have compiled data from settlements and jury verdicts across Tennessee to give you an idea as to how cases are valued. Learn more about the cases below:
- Tennessee Nursing Home Bed Sore Case Valuation
- Tennessee Nursing Home Abuse Valuation
- Tennessee Nursing Home Fall Cases