Murfreesboro Nursing Home Abuse Lawyer

Nursing home abuse is a tragic and all-too-common issue affecting vulnerable nursing home residents across Murfreesboro and beyond. Families place their trust in nursing homes to provide a safe, caring environment for their loved ones, but sadly, abuse and neglect can occur.

When a loved one suffers from abuse in a nursing facility, it can leave families feeling helpless and uncertain about what to do next. That’s why it’s important to take immediate legal action with the help of an experienced nursing home abuse and neglect lawyer. 

A skilled attorney can investigate the abuse, hold the responsible parties accountable, and help victims and their families recover the compensation they deserve.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to obtaining justice and compensation for victims of nursing home abuse. Our skilled legal team has a strong record of handling nursing home abuse cases with care and securing significant settlements and verdicts for our clients.

We conduct in-depth investigations to make sure all aspects of the abuse are addressed, including medical expenses, emotional trauma, and other damages. With our extensive knowledge of nursing home abuse claims, we manage the complexities efficiently and fight relentlessly to protect your rights.

Types of Cases Handled by Our Murfreesboro Nursing Home Abuse Lawyers

Elder abuse occurs when vulnerable nursing home residents are harmed or mistreated by caregivers, staff, or other individuals within the facility. This abuse can take many forms, leading to significant physical, emotional, and financial harm. 

At Nursing Home Law Center, our Tennessee nursing home neglect lawyers are experienced in handling a wide range of abuse cases, ensuring that victims receive the justice and compensation they deserve.

Physical Abuse

Physical elder abuse involves the intentional use of force against a resident, causing physical injuries. This can include hitting, slapping, pushing, or using restraints improperly.

Mental and Emotional Abuse

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

Sexual Abuse

Sexual abuse involves any non-consensual physical contact of a sexual nature with a resident. This includes inappropriate touching, assault, or coerced sexual acts, which can leave lasting physical and psychological trauma.

Medical Malpractice

Medical malpractice refers to neglecting a resident’s medical needs, such as failing to treat bedsores, medication mistakes, or untimely medical care.

Negligence

Nursing home neglect involves failure to provide basic care, such as maintaining proper hygiene, ensuring residents receive adequate nutrition and hydration, or supervising residents to prevent accidents like elopement (wandering off unsupervised).

Financial Abuse

Elderly financial exploitation occurs when a resident’s finances are mismanaged or stolen by caregivers, staff, or others. This can involve unauthorized withdrawals, changes to legal documents, or theft of personal assets.

Wrongful Death

In the most tragic cases, nursing home abuse or neglect can lead to the death of a resident. Families can pursue wrongful death claims to hold the facility accountable for the loss of their loved one.

Understanding Your Legal Rights

Nursing home residents are entitled to specific legal protections under federal and state laws that ensure their safety, dignity, and well-being. These laws exist to hold nursing homes and assisted living facilities accountable for providing proper care and preventing nursing home abuse, neglect, and exploitation.

The Nursing Home Reform Act of 1987 is one of the most important federal laws governing the rights of nursing home residents. This law applies to all nursing homes that receive Medicare or Medicaid funding and sets minimum standards for resident care.

The Nursing Home Reform Act guarantees several key rights for residents, including:

• The right to dignity, respect, and a safe living environment, free from physical abuse, emotional abuse, and sexual abuse
• The right to participate in decisions about their healthcare, including the ability to refuse treatment
• The right to be fully informed of their medical conditions and treatment plans
• The right to privacy and the ability to communicate with family members, friends, and others without interference
• The right to be free from unnecessary physical restraints or medications used for discipline or convenience

In addition to federal protections, Tennessee law provides further safeguards for residents of nursing homes and assisted living facilities. The state enforces specific regulations covering the standard of care required in these facilities and protections against elder abuse, financial exploitation, and neglect.

Tennessee’s Adult Protection Act mandates that healthcare providers and nursing home staff members report any suspected abuse, neglect, or exploitation of elderly or vulnerable adults.

The Tennessee Department of Health oversees and investigates complaints against nursing homes and enforces these state laws.

Eligibility to File a Nursing Home Abuse Claim 

The residents themselves, if mentally competent, can file a claim for the abuse they experienced. If the resident cannot file a claim, a family member or legal guardian with power of attorney can file on their behalf. 

In cases where nursing home abuse or neglect has resulted in the death of a resident, family members may file a wrongful death lawsuit to seek compensation for their loss.

Liability in Nursing Home Neglect and Abuse Cases 

In nursing home abuse cases, more than one party may be held accountable for the harm caused to residents. Identifying all responsible parties is essential to securing justice for victims and their families.

• Nursing Home Facility: The nursing home can be held responsible if the abuse or neglect resulted from improper policies, lack of adequate staffing, or failure to train employees. Facilities can be liable for failing to investigate abuse complaints or for inadequate background checks during hiring.
• Nursing Home Staff Members: Individual caregivers or nursing home staff members who commit acts of physical abuse, emotional abuse, or neglect can be held personally liable. Staff members who neglect residents’ needs, mishandle medication, or use excessive physical force can be held accountable for the injuries caused.
• Nursing Home Management: Facility management can be held accountable if they fail to implement appropriate safety measures or supervise staff members properly. If they ignore complaints of abuse or neglect or fail to address problems that put residents at risk, they can also be held accountable.
• Third-Party Contractors: Many nursing homes hire third-party contractors for medical care, cleaning, or security services. If a contractor or one of their employees harms a resident through negligence or abuse, the contractor can be held liable.

How Our Murfreesboro Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our experienced team of Murfreesboro nursing home abuse lawyers is dedicated to helping victims and their families secure justice for the suffering caused by nursing home abuse or neglect.

With a proven track record of handling complex nursing home abuse cases, we understand the devastating impact these incidents can have.

Our legal team is well-versed in Tennessee nursing home abuse laws. We are committed to holding nursing homes and staff members accountable for their actions. We offer a comprehensive range of legal services to support you throughout the process.

Free Case Evaluation

We begin by offering a free consultation to discuss the details of your case. During this meeting, our personal injury attorneys will listen to your concerns, review any available evidence, and guide your legal options. There is no obligation to proceed after the consultation, allowing you to make an informed decision about how to move forward.

Case Investigation

Once you choose to move forward, we conduct a thorough investigation into the alleged nursing home abuse or neglect. This includes gathering medical records, interviewing witnesses such as nursing home staff members and other residents, and collecting documentation supporting your case. 

We leave no stone unturned to ensure we have a complete picture of the abuse and its impact on your loved one.

Filing the Claim

After gathering the necessary evidence, we will file a formal nursing home abuse claim on your behalf. This includes preparing all the required legal documents and ensuring your claim is filed within the statute of limitations set by Tennessee laws. Filing a claim is critical in holding the responsible parties accountable for the harm they’ve caused.

Settlement Negotiation

Many nursing home abuse 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 engage with the nursing home’s legal representatives and insurance companies to secure the best possible outcome for you and your family.

Trial Representation 

We are fully prepared to take your case to trial if a settlement cannot be reached. Our attorneys have extensive courtroom experience and will present a compelling case before a judge or jury to seek justice. We will fight tirelessly to hold the nursing facility, its staff, and all responsible parties accountable for their actions.

Common Signs of Elder Abuse Among Nursing Home Residents 

In Murfreesboro, there are a total of 14 Medicare-approved nursing homes. Out of these facilities, 71.4% have an overall rating below or much below average. Specifically, 71.4% of nursing homes fall short in health inspections, and 64.3% of facilities have inadequate staffing. Lastly, 28.6% of facilities were rated poorly regarding quality measures. [1]

Many nursing home residents, especially those who are elderly or disabled, may not be able to communicate effectively about the abuse. Family members and caregivers must be vigilant in identifying potential signs of nursing home negligence or abuse.

• Bruises, broken bones, cuts, or burns that cannot be explained
• Bedsores (pressure injuries) occur when residents are left in one position for too long
• Residents who are unclean or wearing dirty clothes may not receive adequate care regarding personal hygiene
• Becoming fearful and agitated, especially around specific individuals or in certain situations
• Residents who become anxious or show signs of depression may be victims of psychological abuse
• Unexplained changes in personality, mood swings, or aggressive behavior
• Bruising, bleeding, or other injuries in private areas
• Unauthorized withdrawals from a resident’s bank account, missing valuables, or sudden changes in financial documents
• Failure to provide medical care, including missed medications or untreated conditions
• Signs of malnutrition or dehydration include dry skin, cracked lips, or unusual weight loss

The worst-rated nursing homes in Murfreesboro include:

What to Do If You Suspect Nursing Home Abuse

If you suspect that your loved one is a victim of nursing home abuse or neglect, it’s essential to take immediate action to protect their safety. Below are the key steps you should follow:

Call 911 if Immediate Danger Is Present

If your loved one is in immediate danger or has suffered serious harm, call 911 right away. Emergency services can intervene to protect the resident, provide medical care, and involve law enforcement to address the situation.

Report to the Nursing Home Administrator or Management

If the situation is not an emergency, report your concerns to the nursing home administrator or facility management. Document your concerns in writing and keep a record of your report. The facility is obligated to investigate the allegations and take appropriate action.

File a Complaint with Your Local Ombudsman’s Office

Your local Ombudsman’s office advocates for nursing home residents and assisted living facilities. The Ombudsman can investigate complaints of abuse, neglect, or poor treatment in nursing facilities. They work independently to protect residents’ rights. Filing a complaint with the Ombudsman’s office initiates an independent investigation into your concerns.

Contact a Nursing Home Abuse Lawyer

Consult an experienced Murfreesboro nursing home neglect lawyer to discuss your legal options. A lawyer can help investigate the abuse, file a nursing home abuse claim, and hold the facility accountable for any harm caused to your loved one. 

Legal representation ensures you have a professional advocate fighting for your loved one’s rights and pursuing the compensation they deserve.

Damages You Can Recover Through a Nursing Home Abuse Claim

The damages recoverable through a nursing home abuse claim typically fall into three categories: economic, non-economic, and punitive damages. Each type of compensation is designed to address different aspects of the abuse and its impact on the victim.

Economic Damages

Economic damages refer to the tangible, out-of-pocket expenses related to the abuse, including:

• Medical Expenses: Costs related to medical care, including hospitalization, medication, surgeries, rehabilitation, and ongoing treatment needed to recover from the injuries caused by the abuse.
• Relocation Costs: If your loved one needs to be transferred to a different nursing facility due to abuse or neglect, the associated costs of relocating can be recovered.
• Financial Losses: Compensation for funds or assets stolen to financial abuse, such as unauthorized withdrawals from a resident’s account or theft of property.

Non-Economic Damages

Non-economic damages are awarded to compensate victims for the emotional and psychological impact of the abuse. Examples include:

• Pain and Suffering: Compensation for the physical pain caused by abuse.
• Emotional Distress: Compensation for the anxiety, depression, and trauma experienced as a result of psychological abuse.
• Loss of Enjoyment of Life: If the abuse or neglect has diminished the victim’s quality of life, this can be factored into the compensation.
• Loss of Companionship: In cases where abuse results in the death of a loved one, family members can seek compensation for the loss of companionship, affection, and support.

Punitive Damages

Unlike economic and noneconomic damages, which are compensatory, punitive damages are intended to punish the nursing home, staff members, or other responsible parties for their wrongdoing. Punitive damages are also designed to deter future misconduct by making the offenders an example.

The Cost of Hiring a Murfreesboro Nursing Home Abuse Lawyer

At Nursing Home Law Center, we understand the financial burden that families face when dealing with the effects of nursing home abuse. We work on a contingency fee basis to ensure every family has access to quality legal representation. You don’t pay any upfront costs or legal fees unless we win your case.

You Have Limited Time to Take Legal Action in Murfreesboro

If you suspect that your loved one has been a victim of nursing home abuse or neglect in Murfreesboro, it is essential to act quickly. In Tennessee, the statute of limitations for nursing home abuse cases is typically one year from the date the abuse or neglect occurred or was discovered. 

Failing to file within this time frame can result in losing the right to seek compensation for the harm caused to your loved one.

Contact a Murfreesboro Nursing Home Abuse Attorney Today!

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

With years of experience handling nursing home abuse cases, we understand the complexities involved and have a proven track record of securing significant settlements and verdicts for victims and their families.

Call us at (800) 926-7565 or fill out our contact form to schedule your free consultation.

References: [1] Medicare