Chattanooga Nursing Home Abuse Lawyer

Nursing home abuse is a distressing reality that affects many elderly residents in Chattanooga and across Tennessee. Families trust nursing homes and assisted living facilities to provide the care and attention their elderly loved ones need to live safely and comfortably. 

Unfortunately, that trust can sometimes be broken when nursing home staff members engage in or allow abuse or neglect to occur.

If you suspect nursing home abuse, seeking legal help from an experienced Chattanooga nursing home abuse lawyer is critical. By working with a knowledgeable nursing home abuse attorney, you can ensure that your loved one receives the justice and care they deserve while also preventing future harm to other residents.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to securing justice and fair compensation for those affected by nursing home abuse. Our skilled legal team has extensive experience handling nursing home abuse cases, consistently achieving significant settlements and favorable verdicts for our clients.

We conduct comprehensive investigations to address all aspects of the abuse, ensuring that medical expenses, emotional trauma, and other damages are fully accounted for. With our deep understanding of nursing home abuse claims, we effectively manage the legal process, working tirelessly to defend your rights.

Types of Cases Handled by Our Chattanooga Nursing Home Abuse Lawyers

Elder abuse occurs when a nursing home resident is harmed or mistreated by caregivers, staff, or other individuals within the facility. At Nursing Home Law Center, our Tennessee nursing home abuse lawyers handle various cases to ensure victims receive the compensation they deserve.

Physical Abuse

Physical elder abuse involves any intentional act that causes physical harm to a resident. This can include hitting, pushing, or improperly using physical restraints.

Mental and Emotional Abuse

Mental and emotional elder abuse occurs when a resident is subjected to verbal insults, threats, humiliation, or isolation, causing psychological harm.

Sexual Abuse

Sexual elder abuse includes any non-consensual sexual contact with a resident. Vulnerable elderly residents may be particularly susceptible to this form of abuse, which can have severe psychological and physical consequences.

Medical Malpractice

Medical malpractice in nursing homes can occur when residents receive substandard medical care. This includes medication errors, untreated bedsores, and failure to diagnose or treat medical conditions.

Negligence

Nursing home negligence refers to the failure of staff to provide adequate care for residents. This may involve failing to maintain personal hygiene, provide proper nutrition, or supervise residents, leading to malnutrition, dehydration, or accidents like elopement (wandering away from the facility).

Financial Abuse

Financial elder abuse happens when a resident’s financial resources are misused or stolen by staff members or others. This can involve unauthorized withdrawals, forging signatures, or coercing residents into changing their wills or financial documents.

Wrongful Death

In the most severe cases, elder abuse can lead to the death of a nursing home resident. Families may file a wrongful death claim when nursing home negligence directly causes the death of their loved one.

Understanding Your Legal Rights

Residents of nursing homes in Chattanooga are protected by both federal and Tennessee state laws, ensuring their right to receive safe, respectful care free from abuse and neglect.

One key federal law protecting nursing home residents is the Nursing Home Reform Act of 1987. This law establishes strict standards for any nursing home that receives Medicare or Medicaid funding.

In addition to federal laws, Tennessee has its regulations that govern the care provided in nursing homes and assisted living facilities. The Tennessee Department of Health oversees the regulation of nursing homes, ensuring that they comply with state standards for patient safety and well-being.

Eligibility to File a Nursing Home Abuse Claim 

When nursing home abuse or neglect occurs, several parties may be legally eligible to file a claim:

• If the resident is capable of doing so, they can file a claim for damages related to the abuse they have suffered.
• If the resident cannot act on their behalf, a family member or guardian may file a compensation claim.
• If a resident has died due to nursing home abuse or neglect, surviving family members may file a wrongful death claim to seek compensation for their loss.

Liability in Nursing Home Neglect and Abuse Cases 

In cases of nursing home abuse or neglect, responsibility often extends beyond just one person. Several parties may share liability for the harm done to a nursing home resident. Identifying all responsible individuals or entities is crucial to ensure justice is served and that abuse victims receive full compensation for their suffering. 

Below are examples of how different parties may be held liable in nursing home abuse cases:

Nursing Home Staff Members

Nursing home staff members, such as nurses and aides, are often directly involved in physical abuse, emotional abuse, or neglect. If they intentionally harm residents or fail to provide necessary care, they can be held personally responsible for the resulting injuries or distress.

Nursing Home Facility Management

The nursing home or its management may be liable if the abuse or neglect results from poor hiring practices, inadequate training, or failure to maintain appropriate staffing levels. When nursing home negligence occurs due to underqualified staff or insufficient supervision, the facility can be held accountable for the harm caused to residents.

Medical Providers

Doctors, nurses, or other healthcare professionals in the nursing home may be liable for medical malpractice. This includes failing to properly treat residents, making medication errors, or neglecting severe medical conditions such as bedsores or infections. Their failure to provide proper medical care can cause significant harm and wrongful death.

Third-Party Contractors

In some cases, third-party contractors who provide services like cleaning, food preparation, or specialized medical care may also be responsible for contributing to the abuse or neglect. If these contractors fail to perform their duties properly, they can be liable for the resulting harm.

Nursing Home Owners or Operators

The owners or operators may be liable if they have implemented policies that contribute to an abusive or neglectful environment. This could include cutting staff levels to save costs or ignoring reports of abuse. If their business practices directly lead to harm, they can be considered responsible for the abuse.

How Our Chattanooga Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our experienced team of Chattanooga nursing home abuse attorneys has a long history of advocating for victims of nursing home abuse and their families. With years of experience handling nursing home abuse cases, our law firm is dedicated to securing compensation for elderly residents.

Here’s how our legal team can help:

Free Case Evaluation

We offer a free consultation to families who suspect that their elderly family member has been a victim of nursing home abuse. During this evaluation, our attorneys will listen to your concerns, review the facts of the case, and provide guidance on the best course of action.

Case Investigation

Our team thoroughly investigates the suspected abuse or nursing home negligence. We gather medical records, interview staff members and witnesses, and collect evidence that supports your claim.

Filing the Claim

Once we’ve completed the investigation, our attorneys will file a formal nursing home abuse claim on your behalf. This includes preparing and submitting all the necessary legal documents to initiate the legal process.

Settlement Negotiation

Many nursing home abuse cases are resolved through settlements, which allow victims and their families to receive compensation without going through a lengthy trial. Our experienced negotiators will work to secure a fair settlement that covers your loved one’s suffering.

Trial Representation 

If a fair settlement cannot be reached, our team of personal injury lawyers is fully prepared to take your case to trial. We have extensive courtroom experience and will present a compelling case to a judge or jury to seek the maximum compensation. Our attorneys will fight tirelessly to ensure that those responsible for the abuse or neglect are held liable.

Common Signs of Elder Abuse Among Nursing Home Residents 

Out of the 21 Medicare-certified nursing homes in Chattanooga, nine facilities (42.9%) have an overall rating below or much below average age. Specifically, ten nursing homes (47.6%) fall short in health inspections, and 11 facilities (52.4%) have inadequate staffing. Lastly, nine facilities (42.9%) were rated poorly regarding quality measures. [1]

Family members must be vigilant and look for warning signs that may indicate elder abuse or nursing home negligence. Here are some of the most common indicators to watch for:

• Unexplained physical injuries
• Bedsores (pressure ulcers)
• Frequent falls or accidents
• Poor personal hygiene
• Withdrawal or depression
• Sudden mood swings or behavioral changes
• Unexplained injuries in sensitive areas
• Fearfulness or avoiding specific individuals
• Malnutrition or dehydration
• Unsanitary living conditions
• Medication errors
• Unexplained financial transactions
• Missing personal belongings

The worst-rated nursing care facilities in Chattanooga include:

Damages You Can Recover Through a Nursing Home Abuse Claim

Nursing home abuse victims may be entitled to recover various forms of compensation through a nursing home abuse claim.

Economic damages are meant to compensate for the direct financial losses incurred as a result of the abuse or neglect. These may include:

• Medical expenses
• Relocation costs
• Funeral and burial expenses

Non-economic damages compensate for the emotional and psychological harm caused by the abuse. These damages can be more complicated to quantify but are no less significant. Examples include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

Punitive damages are not meant to compensate the victim directly but rather to punish the responsible parties and deter similar behavior in the future. Punitive damages are typically awarded in cases where there is clear evidence of reckless or malicious conduct by nursing home staff or facility management.

The Cost of Hiring Our Chattanooga Nursing Home Abuse Attorneys 

At Nursing Home Law Center, we understand that the financial burden of legal action can be a concern for families already dealing with the emotional and physical effects of nursing home abuse. That’s why we operate on a contingency fee basis. This means you won’t pay any upfront costs or legal fees unless we successfully recover compensation.

You Have Limited Time to Take Legal Action in Chattanooga

If you suspect that your loved one has been a victim of nursing home abuse or neglect in Chattanooga, it’s important to act quickly. In most nursing home abuse cases in Tennessee, the statute of limitations is typically one year from the date of the abuse or the date when the abuse was discovered. 

Failing to file a claim within this timeframe can result in the loss of your right to pursue compensation for your loved one’s suffering.

Contact a Chattanooga Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our team of experienced Chattanooga nursing home abuse attorneys is dedicated to fighting for the rights of victims of elder abuse and nursing home negligence. 

With a proven track record of successfully handling nursing home abuse cases, our law firm is committed to securing justice and compensation for those who have suffered in nursing homes or assisted living facilities.

Call us at (800) 926-7565 or complete our contact form today. 

References: [1] Medicare