As the older population in the U.S. steadily grows, more older adults are entering nursing homes for care in their senior years. Unfortunately, conditions at some nursing homes make it challenging for their residents to receive the level of care they need to stay healthy. Some nursing home residents are also encountering elder abuse and neglect, which is common across the nursing home industry.
If your loved one experiences nursing home abuse, you might be able to take legal action on their behalf. Doing so can help you recover the costs of their recovery. You can seek the advice of a Memphis nursing home abuse lawyer to review the details of your case to see if you could recover financial awards. Call Ben Crump Law, PLLC, at (800) 712-9119, for a free consultation about your case.
Types of Nursing Home Abuse
According to the National Institute on Aging (NIA), there are many different types of elder abuse. Some of the most common types of elder abuse are:
- Physical abuse: Any type of abuse that causes physical harm. Common signs of physical abuse include bruises, burns, and cuts.
- Emotional abuse: Any type of abuse that emotionally impacts the victim. Some staff members intentionally say things they know will cause emotional damage to seniors as a means of controlling them or influencing their behavior.
- Sexual abuse: Sexual abuse is more common in nursing homes than most think it is. Nursing home patients are easier targets for abusers, who think that it is easier to control them since they control access to seniors’ daily care routines and services.
- Neglect: Neglect is failing to provide an appropriate level of care for seniors in nursing homes. Neglect can be particularly dangerous in nursing homes because it is becoming a widespread problem, and continuous and persistent neglect can lead to potentially fatal health issues. Nursing homes are having difficulty recruiting enough staff members to provide care to all their residents. This means that staff members spend less time with each patient, contributing to the amount of neglect experienced by seniors in nursing homes.
- Financial abuse: Financial abuse can involve stealing money from seniors’ accounts or stealing personal items of value from their living spaces. This form of abuse can also involve stealing someone’s property and assets.
There may be other types of nursing home abuse not covered on this list. If your loved one experiences any type of nursing home abuse, it is important to respond quickly. If you are ready to explore your legal options, call Ben Crump Law, PLLC, today to schedule a free consultation with a staff member. The sooner you call, the sooner we can start working for you.
For a free legal consultation with a nursing home abuse lawyer serving Memphis, call (800) 712-9119
Signs of Nursing Home Abuse
The difficulty with identifying and stopping nursing home abuse is that it can go unseen for a long time. Abusers take extra measures to make sure they do not get caught abusing seniors. Unless you are watching closely, it can be difficult to tell if someone is being abused.
Elder abuse has several signs that you can look for in your loved one’s care. Physical injuries, such as bruises and cuts, are potential signs of physical abuse. While your loved one can suffer injury without experiencing abuse, staff usually document injuries that occur in nursing home facilities. If there is no documentation, someone could be abusing your loved one without the facility knowing about it.
Changes in behavior can be signs of emotional and mental abuse. Seniors who begin withdrawing from groups and avoiding social activities at all costs might be trying to hide the fact that they are being abused and keep other people from noticing. To do this, they begin to avoid people as much as possible.
Financial abuse is particularly challenging to spot unless you are watching your loved one’s finances carefully. Large amounts of money leaving one’s accounts or unexplained spending can be signs of abuse. Some seniors will not remember what those expenses were for, even if they are legitimate. However, they should not look out of place among the other purchases that your loved one makes.
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Determining Liability
Liability plays a key role in your lawsuit since it determines who you can sue. You can only sue parties that are liable for your expenses. In many cases, the abuser can be held liable. However, there are situations where the facility can also be sued.
Nursing facilities have an obligation to ensure their patients are well taken care of. This includes monitoring the actions of their staff members and patient conditions to make sure they are in good health. If the facility knew about the abuse and failed to stop it or created conditions in which the abuse was likely to happen, you might be able to file a lawsuit against the facility and the abuser.
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Tennessee’s Statute of Limitations
If you are considering filing a lawsuit on behalf of your loved one, you have the right to do so under civil law. However, it is important to remember that you have a limited time to file your lawsuit. This is controlled by the statute of limitations for personal injury claims, which sets the legal time limit starting from the date that the abuse happened. Per TN Code § 28-3-104, you have one year to file your lawsuit. Do not miss your opportunity to collect compensation by waiting too long to start the legal process.
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Schedule a Consultation with a Nursing Home Abuse Lawyer
Nursing home abuse cases can be frustrating, but you do not have to bear the burden of the costs of helping your loved one alone. Hiring a Memphis nursing home abuse lawyer can help you manage your case. You might be able to collect financial compensation from the people responsible for your loved one’s abuse that could help with your expenses. Call Ben Crump Law, PLLC, (800) 712-9119, to schedule a free case evaluation.
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