Memphis Nursing Home Abuse Lawyer

Families trust assisted living facilities and rehabilitation centers to provide a safe, caring environment for their loved ones, but unfortunately, many residents in Memphis nursing homes face abuse, neglect, and exploitation.

Seeking the help of an experienced attorney is essential for navigating the legal process, investigating the abuse, and pursuing justice for the victim.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to obtaining compensation for victims of nursing home abuse. Our experienced nursing home negligence and abuse attorneys have a strong history of handling nursing home personal injury cases with care and compassion, consistently securing significant settlements and favorable verdicts for our clients.

We carry out comprehensive investigations to ensure every aspect of the abuse, including medical expenses, emotional trauma, and other damages, is fully addressed. With our deep understanding of nursing home negligence claims, we handle the legal process efficiently and work relentlessly to safeguard your rights.

Types of Cases Handled by Our Memphis Nursing Home Abuse Lawyers

Elder abuse occurs when nursing home patients are subjected to harm or mistreatment by caregivers, staff members, or other individuals in a care facility. This abuse can take many forms, and it can lead to serious physical, emotional, and financial damage. 

At Nursing Home Law Center, our skilled Tennessee nursing home abuse lawyers handle a wide range of abuse cases to ensure victims receive the justice and compensation they deserve.

Physical Abuse

Physical elder abuse involves the intentional use of force against a resident, resulting in harm or injury. This includes hitting, pushing, or improper use of restraints.

Psychological Abuse

Mental and emotional elder abuse occurs when residents are subjected to verbal threats, humiliation, isolation, or psychological manipulation.

Sexual Abuse

Sexual elder abuse involves any non-consensual physical contact of a sexual nature with a resident. This includes inappropriate touching, sexual assault, or coercion, and it often leaves the victim traumatized physically and emotionally.

Medical Malpractice

Medical malpractice in nursing homes refers to improper or negligent medical care that harms the resident. This can include bed sores (pressure ulcers), medication errors, and failure to treat serious medical conditions. Lack of appropriate medical care can lead to severe complications and long-term health issues for victims.

Negligence

Nursing home negligence occurs when a facility fails to provide the basic care residents need. This can include poor hygiene, malnutrition, dehydration, and failure to supervise residents properly, resulting in accidents such as elopement (wandering away from the facility).

Financial Abuse

Financial elder abuse happens when a resident’s money, property, or assets are stolen or misused by nursing home staff or other individuals. This can include unauthorized withdrawals from a bank account, changes to financial documents, or theft of personal belongings.

Wrongful Death

In the most tragic cases, nursing home abuse and neglect can result in the death of elder residents. Families may file a wrongful death claim to hold the facility responsible for their loved one’s death and seek justice for the devastating loss.

Understanding Your Legal Rights

Nursing home residents have a variety of legal protections under both federal and state laws to ensure their safety, dignity, and well-being. These laws hold nursing homes, rehabilitation centers, and other assisted living facilities accountable for providing proper care and protecting residents from abuse and neglect.

One of the most important federal laws governing nursing home care is the Nursing Home Reform Act of 1987. This law was enacted to ensure that residents of Medicare- and Medicaid-certified nursing homes receive quality care and live free from abuse, neglect, and exploitation. Some of the key protections under this law include:

• The right to dignity, respect, and freedom from physical, emotional, and sexual abuse
• The right to participate in their own healthcare decisions, including the right to be fully informed of their medical condition and treatment options
• The right to appropriate medical care and to have medical conditions treated in a timely and competent manner
• The right to be free from unnecessary physical restraints or medications used as a form of punishment
• The right to privacy and the ability to communicate with family members, advocates, and others without interference from the facility
• The right to raise grievances and complaints about their care without fear of retaliation

In addition to federal laws, Tennessee law provides additional protections for residents of nursing homes and assisted living facilities. 

The Tennessee Department of Health oversees the regulation of nursing homes and enforces state laws designed to protect residents from elder abuse, neglect, and exploitation. State regulations emphasize the need for adequate staffing, timely medical treatment, and a clean and safe living environment.

Tennessee also has the Adult Protection Act, which aims to protect elderly residents and vulnerable adults from abuse and neglect. This law requires healthcare providers, nursing home staff, and other professionals to report suspected abuse. Failing to report suspected abuse is a violation of state law and can result in penalties.

Eligibility to File a Nursing Home Abuse Claim 

If a nursing home resident suffers from nursing home abuse and neglect, several parties may have the legal standing to file a claim:

• The Resident: If the resident is capable of doing so, they can file a claim for the abuse they endured.
• A Legal Guardian or Power of Attorney: If the resident is incapacitated or unable to file a claim themselves, a family member with legal guardianship or power of attorney can file on their behalf.
• Family Members: In cases where a resident has passed away due to abuse or neglect, family members may file a wrongful death lawsuit to hold the facility accountable and seek compensation for their loss.

Liability in Nursing Home Neglect and Abuse Cases 

In nursing home negligence cases, it’s important to understand that more than one party can be held legally responsible for the harm inflicted on a resident. 

Depending on the circumstances, various individuals and entities involved in the care of nursing home residents may be liable for abuse or neglect. Holding the right parties accountable is critical in securing compensation for the victim.

• Nursing Home Facility: The nursing home or rehabilitation center can be held liable for failing to provide a safe environment for its residents. Facilities can be sued for nursing home negligence, such as not ensuring adequate staffing levels, failing to conduct proper background checks on staff, or not complying with nursing home regulations.
• Nursing Home Staff Members: Individual nursing home staff members may be directly responsible for the physical, emotional, or sexual abuse of residents. Staff members who intentionally harm or neglect patients can be held liable for their actions.
• Facility Management: The management of a nursing home can be held responsible if they fail to implement proper training, supervision, or policies that prevent abuse and neglect. Failure to investigate complaints or take action on reported abuse can make management liable.
• Healthcare Providers: Healthcare providers such as doctors, nurses, or other medical professionals who work in the facility can be held liable for medical malpractice if they fail to provide proper care, leading to harm. This includes misdiagnosing a condition, neglecting to treat a medical condition, or making medication errors.
• Third-Party Contractors: In some cases, nursing homes hire third-party contractors for services such as cleaning, maintenance, or even healthcare. If a contractor or their employees cause harm to a resident, the contractor can be held accountable.

How Our Memphis Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our experienced Memphis nursing home abuse attorneys are dedicated to fighting for the rights of vulnerable nursing home residents and holding responsible parties accountable for their actions. 

With years of experience handling nursing home negligence cases, our legal team has the knowledge and expertise to guide you through every step of the legal process. We understand the complexity of these cases and are committed to ensuring victims receive compensation for their suffering.

Free Case Evaluation

We offer a free consultation to discuss your case and help you understand your legal options. During this meeting, we will listen to your concerns, review the facts of the situation, and provide clear advice on the best course of action. This no-cost evaluation helps you make informed decisions about how to proceed, with no obligation to continue after the consultation.

Case Investigation

Once you decide to move forward, our team will conduct a thorough investigation into the alleged nursing home negligence or abuse. This includes reviewing medical records, interviewing nursing home staff members and witnesses, gathering evidence, and consulting with medical experts if necessary. 

We work diligently to uncover all the facts, ensuring that we have a strong foundation to build your case.

Filing the Claim

After gathering the necessary evidence, we will file a formal nursing home negligence claim on your behalf. This includes preparing all the required legal documents and ensuring that your case is filed within the statute of limitations set by Tennessee law. 

Filing a claim is a crucial step in holding the nursing home, its staff, and other liable parties accountable for the abuse or neglect.

Settlement Negotiation

In many cases, nursing home negligence cases can be resolved through settlement negotiations. Our attorneys are skilled negotiators who will work to reach a fair settlement that compensates for medical bills, emotional trauma, and other damages. 

We negotiate with the insurance companies or legal representatives of the nursing home to ensure you and your family receive the compensation you deserve.

Trial Representation 

If a fair settlement cannot be reached, our attorneys are fully prepared to take your case to trial. With extensive courtroom experience, we will present a compelling case before a judge or jury to ensure that justice is served. We will fight tirelessly to hold the nursing home and all responsible parties accountable for their actions.

Common Signs of Elder Abuse Among Nursing Home Residents 

In Memphis, there are a total of 32 Medicare-certified nursing homes. Of these, 18 facilities (56.3%) have an overall rating below or much below average. The same percentage of nursing homes fall short in health inspections and have inadequate staffing levels, respectively. Twelve facilities (37.5%) were rated poorly regarding quality measures. [1]

Many nursing home residents may not be able to express the abuse they’re suffering, which is why family members and caregivers must stay vigilant. Abuse in nursing homes can manifest in various forms, and these are some of the most common signs to watch for:

• Unexplained injuries: Bruises, cuts, fractures, or burns that cannot be easily explained.
• Bed sores (pressure ulcers): Bed sores indicate that immobile or bedridden residents are not receiving appropriate care.
• Poor hygiene: Nursing home patients who appear disheveled, unwashed, or are wearing dirty clothes.
• Sudden weight loss: A significant, unexplained loss of weight could be a sign of malnutrition or dehydration.
• Marks from restraints: Bruising or marks on the wrists or ankles may suggest improper or excessive use of physical restraints.
• Emotional distress: Sudden changes in behavior, such as becoming withdrawn, anxious, or depressed.
• Fear of staff members: If a resident becomes fearful or anxious around specific nursing home staff members, this could indicate they are being mistreated.
• Sudden changes in personality: Unexplained mood swings, anger, or aggression.
• Unexplained injuries in sensitive areas: Bruising or trauma in private areas can be a red flag for sexual abuse.
• Unexplained financial transactions: If there are sudden or unexplained withdrawals from the resident’s bank account or credit card charges, this could be a sign of financial abuse.
• Missing personal belongings: Theft of personal items like jewelry, money, or other valuable possessions.
• Unclean living conditions: If the nursing home or the resident’s room is consistently dirty or unsanitary, this may be a sign of nursing home neglect.
• Lack of medical care: Failing to administer medication on time, ignoring medical conditions, or failing to provide proper medical care.

By recognizing these common signs of abuse in nursing homes, you can take swift action to protect your loved one. If you suspect any form of abuse or neglect, it’s crucial to consult with an experienced nursing home lawyer who can investigate the situation and take legal action to ensure your loved one’s safety.

The worst-rated nursing homes in Memphis include:

What to Do If You Suspect Abuse or Negligence in a Nursing Home  

If you suspect that your loved one is a victim of nursing home abuse or neglect, it’s crucial to act quickly to ensure their safety. Here’s a step-by-step guide on what to do:

Call 911 if Immediate Danger is Present

If your loved one is in immediate danger or needs urgent medical attention due to abuse, contact emergency services right away. Law enforcement and medical professionals can intervene to protect the victim and provide necessary care.

Report to the Nursing Home Administrator or Management

If the situation is not an emergency, report your concerns to the nursing home administrator or management. It’s important to document the abuse in writing and keep copies of all correspondence. This helps create a formal record of your complaint and prompts an internal investigation.

File a Complaint with Your Local Ombudsman’s Office

Your local Ombudsman is an advocate for nursing home residents and is responsible for investigating complaints about nursing homes and rehabilitation centers. 

The Ombudsman’s office acts as a neutral party, working to resolve issues and ensure the safety of Memphis nursing home residents. Filing a complaint will initiate an independent investigation into the situation.

Contact a Nursing Home Negligence Lawyer

Consult experienced Memphis nursing home neglect lawyers to discuss your legal options. A lawyer can help investigate the abuse, gather evidence, and file a nursing home abuse claim against the responsible parties. They will guide you through the legal process, ensuring your loved one’s rights are protected, and you can pursue compensation.

Damages You Can Recover Through a Nursing Home Abuse Claim

When a loved one suffers from nursing home abuse or neglect, victims and their families may be entitled to recover various types of damages through a nursing home abuse claim.

Economic Damages

Economic damages cover the quantifiable financial losses that result from the abuse or neglect. These damages include:

• Medical expenses
• Rehabilitation costs
• Lost wages
• Relocation costs

Non-Economic Damages

Non-economic damages are meant to compensate for the emotional and psychological harm caused by the abuse or neglect. These damages include:

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

Punitive Damages

Punitive damages are typically awarded in cases where the abuse was intentional, malicious, or the result of extreme negligence. Unlike economic and noneconomic damages, which compensate the nursing home abuse victim, punitive damages are intended to punish the nursing home or responsible parties for their egregious conduct.

The Cost of Hiring a Memphis Nursing Home Abuse Lawyer

At Nursing Home Law Center, we understand that families dealing with the effects of nursing home abuse are already under significant emotional and financial strain. That’s why we operate on a contingency fee basis. This means you won’t have to pay any upfront costs or legal fees to hire our team of experienced Memphis nursing home abuse lawyers.

You Have Limited Time to Take Legal Action in Memphis

In Memphis, as in the rest of Tennessee, the statute of limitations for nursing home abuse claims is generally one year from the date the abuse occurred or was discovered. However, there are several aspects of your case that can impact how long you have to file. An experienced attorney can help you determine what statute of limitations applies to your case. 

Contact a Memphis Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our experienced team of Memphis nursing home abuse attorneys is dedicated to protecting the rights of vulnerable nursing home residents and holding responsible parties accountable for their actions. We have a proven track record of successfully handling nursing home abuse cases, securing significant settlements, and obtaining justice for victims and their families.

Call us at (800) 926-7565 or fill out our contact form to discuss your case. 

References: [1] Medicare