According to the National Center on Elder Abuse (NCEA), millions of elderly and dependent adults suffer abuse throughout the United States. More than 40 percent of people over age 65 will likely enter a nursing home in their lifetime, and unfortunately, many may end up in an abusive or neglectful environment. In fact, a 2001 House of Representatives report found that 1 in 3 nursing homes received citations for violations of federal standards that had the potential to cause harm or did cause harm to a patient between 1999 and 2001.
In the over two decades since this report, nursing home abuse continues to have a significant impact on the elderly and their families. A 2019 Knox News article revealed that, of nearly 400 underperforming nursing homes nationwide, the Senate Special Committee on Aging selected 88 facilities with a history of poor care for its Special Focus Facility program. Of the nursing homes selected for the program, which receive special attention and extra inspections, Tennessee had 11, including one in Nashville.
When families choose nursing homes for their loved ones, they expect that the staff will provide them with the around-the-clock care that they need and deserve. When facilities fall short of these expectations, residents may end up with serious or even fatal injuries. If you or a loved one suffered abuse in a long-term care facility, a Nashville nursing home abuse lawyer may be able to help you pursue compensation. Contact Ben Crump Law, PLLC at 800-712-9119 to get started on your case.
Neglect and Abuse in Nursing Homes
The Nursing Home Reform Act of 1987 established strict federal standards for nursing homes as to the level of care they must provide to each resident. Sadly, many elderly adults still suffer abuse in the U.S. each year, and some also fall victim to instances of neglect.
According to The National Consumer Voice for Quality Long-Term Care, neglect refers to the failure to care for a person in a way that would cause them harm or pain or the failure to respond to a harmful situation. Neglect may occur intentionally, such as when a nurse ignores a patient’s calls for help, or unintentionally, such as when staff does not receive proper training and does not know how to adequately care for their patients. Although the organization categorizes abuse, or the purposeful intention of pain or harm, separately, some deem neglect a form of abuse, as well.
For a free legal consultation with a nursing home abuses lawyer serving Nashville, call 800-959-1444
Types of Nursing Home Abuse
Nursing home abuse takes many forms, all of which the Nursing Home Reform Act explicitly bans. However, regulations have done little to resolve the issue. In a study reported by the NCEA involving interviews with 2,000 nursing home residents, nearly half said they had experienced abuse, and 95% reported neglect or witnessing the neglect of another resident. A separate survey reported by NCEA found that over half of all CNAs questioned had yelled at residents, and almost a quarter of them had insulted or sworn at them.
Physical Abuse
The Centers for Disease Control and Prevention (CDC) describes physical abuse as, “when an elder experiences illness, pain, injury, functional impairment, distress, or death as a result of the intentional use of physical force and includes acts such as hitting, kicking, pushing, slapping, and burning.”
Sexual Abuse
Sexual abuse occurs when a resident suffers any type of unwanted or forced sexual interaction. This type of abuse may include:
- Rape
- Inappropriate touching
- Sexual harassment
- Suggestive comments
- Forcing residents to watch something sexual in nature
Emotional Abuse
Nursing home residents suffer emotional abuse when staff members subject them to any type of verbal or non-verbal behavior that causes psychological distress. For example, staff may openly belittle or threaten a resident, or they may isolate them from friends, family, and other residents.
Financial Abuse
When a nursing home employee illegally or without authorization accesses, uses, or acquires a resident’s assets, they commit financial abuse. This includes the theft or mismanagement of benefits, personal property, or finances.
If your loved one suffered abuse in a Nashville nursing home, Ben Crump Law, PLLC may be able to help. Contact us at any time with more information about your case.
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How a Nashville Nursing Home Abuse Lawyer May Be Able to Help You
If you suffered abuse in a nursing home or suspect that the nursing home in which you placed your loved one has abused them, proving it can present a challenge. Facilities often keep these instances behind closed doors, and families may not witness the abuse in action.
However, you may notice signs of physical or emotional abuse, or your loved one may inform you of what they experienced. At this point, a lawyer may begin helping you with your case by:
- Investigating the circumstances of your claim
- Gathering evidence to establish the liability of the nursing home
- Assessing the damages you have accumulated as a result of the abuse
- Seeking just compensation on your behalf
- Dealing with insurance companies to negotiate a fair settlement
- Taking your case to trial if necessary
The sooner you contact an attorney, the sooner we can get started on your case.
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Tennessee Statute of Limitations on Nursing Home Abuse Claims
Tennessee has a short statute of limitations, or time period during which you can file a claim against the at-fault party in your case, for both personal injury and wrongful death cases involving nursing home abuse. In general, victims and their family members have one year from the date of the abuse or its discovery to file a personal injury lawsuit, or one year from the date of the victim’s passing from injuries related to nursing home abuse to settle their claims or initiate a wrongful death lawsuit, per Tennessee Code Ann. § 28-3-104. However, exceptions do apply, and a lawyer can determine how much time you have left.
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Contact Ben Crump Law, PLLC Today
At Ben Crump Law, PLLC, our attorneys believe in holding nursing homes fully accountable for the harm they inflict upon abuse victims and their families. No one deserves such cruel treatment—especially some of the most vulnerable members of our society.
If you suffered injuries or lost a loved one as a result of abuse at a Nashville nursing home, a Nashville nursing home abuse lawyer may be able to help you pursue adequate financial recovery. Contact us today at 800-712-9119 to discuss your free case evaluation with our legal team.
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