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.
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
Seek Immediate Assistance from Tennessee Nursing Home Lawyers
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:
- Johnson City
A Tennessee nursing home neglect law firm can help you today.
Nursing Home Negligence
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)
- 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)