East Ridge Nursing Home Abuse Lawyer
Cases concerning nursing home abuse are often incredibly challenging to deal with for both the alleged victim and his or her family. A seasoned East Ridge nursing home abuse lawyer who understands the intricacies involved could construct a powerful case to help maximize any compensation you may deserve.
These legal process for nursing home abuse cases is highly complex. If you believe your or a loved one has suffered nursing home abuse, your interests could be best served by contacting an established personal injury attorney immediately.
Legal Rights of Nursing Home Residents
Tennessee’s nursing home bill of rights provides residents of nursing facilities the right to assert any complaints they have regarding the care they are receiving. Under Tennessee Code Annotated §71-6-103, the facility must notify the Adult Protective Services Division of the Tennessee Department of Human Services if there is reasonable cause to suspect that a resident suffered neglect, exploitation, or abuse.
Nursing home residents are always permitted to exercise their fundamental rights to be free from physical or mental abuse of any kind, as well as chemical or physical restraint. Residents also have the right to:
- Participate in religious and social community functions
- Be free to interact and converse with whoever they like
- Be told of their medical condition
- Review their medical records
- Engage in their own care plan
- If they are of sound mind, make their own medical decisions
- Manage their personal affairs
- Store personal possession in their room as space allows
A nursing home abuse attorney in East Ridge would tirelessly investigate allegations of negligence and abuse and hold those liable accountable for their actions.
Filing an East Ridge Nursing Home Abuse Claim
There are numerous types of neglect and abuse in nursing homes, often stemming from understaffed nurses and other healthcare providers. Weight loss, malnutrition, dehydration, bedsores, poor hygiene, putrid smells, and unexplained bruising could all be strong indicators of abuse. The following are among the most common kinds of nursing home abuse:
- Emotional and psychological abuse
- Physical abuse
- Financial exploitation
- Over-medicating
- Neglect and staff inattention
When a person believes that a loved one has been a victim of nursing home abuse, that person should present his or her concerns to the nursing facility and staff immediately. If at all possible, the individual should take photos of any injuries, bruises, or other signs of negligent care. Under Tennessee’s law, the plaintiff generally has one year from the date the injury was discovered (or should reasonably have been discovered), to file a personal injury or wrongful death lawsuit.
Generally, the same statutory deadline applies to medical malpractice cases against nursing homes. A medical malpractice claim may be filed no later than three years following the date of the injury, unless the case involves the discovery of a foreign object. When the individual is a minor or has a mental disability, the case must be filed within a year of removal of disability.
Recoverable Compensation
An East Ridge nursing home abuse attorney could help the abuse victim secure both economic and noneconomic damages for sustained injuries. Economic damages include things such as physical therapy, medical bills, or anything else the injured party requires to get well again.
Regarding noneconomic damages, the person could recover compensation for pain and suffering, as well as emotional damages inflicted. If the actions of the nursing home facility are especially egregious or reckless, the individual could also be awarded punitive damages. Punitive damages are awarded at the court’s discretion and are designed to punish the defendant and deter future negligent conduct.
Contact an East Ridge Nursing Home Abuse Attorney Today
When you or a loved one are impacted by nursing home abuse, you should reach out to an East Ridge nursing home abuse lawyer at once. An accomplished attorney could present a strong defense on your behalf, gather all the required documentation, and provide diligent representation both in and out of the courtroom. Call now to see what legal recourse is available for your potential case.
