Legal Help for Nursing Home Abuse and Neglect
We count on nursing homes to take care of our elderly loved ones when they can no longer take care of themselves. Often, these facilities do the opposite, as staff members neglect even the most basic needs. Overworked staff members may abuse residents out of frustration.
If your aging parent or another elderly loved one has been abused or neglected at a Chattanooga nursing home, you can contact the experienced Chattanooga nursing home abuse lawyers at Massey & Associates, P.C. today. We have recovered compensation for victims and have extensive knowledge of the rights of nursing home residents.
Let us help you seek justice and compensation for your loved one’s injuries. We are available 24/7 to support you, and you will not pay anything upfront for our services. An initial consultation is also free.
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Can I Pursue Compensation for My Loved One’s Nursing Home Abuse
The anger of uncovering the abuse or neglect of your loved one is often followed by confusion and uncertainty about what to do next. You may think about taking legal action, but how do you know if you have a case?
Our Chattanooga personal injury lawyers are ready to discuss what happened and how we may be able to help you.
The main question is whether your loved one was harmed by a negligence, which is a breach of a duty of care owed to your loved one. In a nursing home case, liable parties often breach a duty of care by violating a resident’s rights, such as the right to live free from abuse and to receive appropriate medical care.
Our lawyer can review the specifics of your situation to determine if you may have grounds for a lawsuit. Some of the factors we consider include:
- How your loved one’s injuries occurred
- Evidence you have collected
- How staff members responded to your complaints or allegations of abuse or neglect
- The specific details about your loved one’s injuries
- The facility’s history, particularly past allegations of abuse or neglect
- Federal ratings of the facility
If you think you may have a case, call our law firm today. We are ready to take your call 24/7. The initial consultation is free and there are no upfront costs with our services.
What Types of Nursing Home Abuse Cases Are There?
Our attorneys are prepared to represent victims of various forms of neglect and abuse. These lawsuits often involve one or more of the following forms of abuse or neglect:
Physical Abuse
Sometimes staff members, nurses or caregivers intentionally harm residents with physical force, such as by:
- Hitting
- Slapping
- Punching
- Rough handling when helping residents transfer
- Tying restraints too tight or using them without a legitimate reason
- Pushing or shoving
- Force-feeding
- Withholding food, water or medication
- Burning
- Pinching or scratching
- Kicking
- Pulling hair
- Using sedatives without a good reason
Neglect
This occurs when the residents are not receiving adequate care. Staff members may even neglect the most basic of needs, such as the need for food, water and assistance with using the restroom or bathing.
There are numerous types of neglect, including:
- Medical neglect: Failing to address health issues or provide necessary treatments
- Hygiene neglect: Not assisting with bathing, dental care, or changing clothes
- Basic needs neglect: Inadequate food, water, or shelter
- Social or emotional neglect: Ignoring residents, leaving them isolated
- Mobility neglect: Not helping residents move or change positions
- Environmental neglect: Unsafe or unsanitary living conditions
- Medication neglect: Errors in administering or tracking medications
Sexual Abuse
This refers to any non-consensual sexual interaction with a nursing home resident, ranging from inappropriate touching to sexual assault. Staff could photograph residents while they are in a state of undress or force or coerce residents into performing sex acts.
Emotional/Psychological Abuse
This refers to the infliction of emotional or psychological pain, including verbal assaults, threats or other forms of intimidation.
- Verbal insults, ridicule or humiliation
- Threats of physical harm or abandonment
- Intimidation or bullying
- Isolating residents from friends or family
- Ignoring residents or giving them the “silent treatment”
- Yelling or screaming at residents
- Blaming residents for their conditions or limitations
- Infantilizing or patronizing behavior
- Mocking residents’ beliefs, culture or preferences
- Purposely confusing or disorienting residents
- Withholding affection or emotional support
- Gaslighting or manipulating residents’ perceptions
- Public shaming or embarrassment
- Threatening to withhold care or privileges
These abuses are a serious violation of individual rights and dignity. It is crucial for loved ones to be vigilant and proactive in ensuring the safety and well-being of nursing home residents by being aware of warning signs and taking appropriate action if they suspect abuse.
The Chattanooga nursing home abuse lawyers at Massey & Associates are well equipped to offer the support, guidance and representation required to navigate these complex cases. If you think you may have a valid case, contact us as soon as possible to discuss your path forward.
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Product LiabilityThis was a national case covering hundreds of plaintiffs when an implanted heart defibrillator malfunctioned, injuring many and even killing some people.
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Evidence to Prove Nursing Home Negligence or Abuse
You or your loved one may be entitled to pursue compensation if you can demonstrate that harm resulted from the nursing home’s breach of a duty of care. There are various types of evidence we can use to prove a case, including:
- Medical Records: We can compare medical records from before and after abuse or neglect to show declining health and well-being. These records not only help establish that there is a case, but also the value of the victim’s damages.
- Photographs and Video Evidence: This includes visual documentation of any physical injuries, such as bruises, cuts, burns or bed sores. Pictures of your loved one’s room and living conditions can serve as tangible proof of neglect.
- Witness Statements: This includes testimony from other residents, visitors, or staff members who might have observed instances of abuse or neglect, or who can attest to the overall conditions within the facility.
- Expert Testimony: We may need to consult experts to validate various aspects of your case. For example, medical experts who specialize in caring for the elderly could explain how staff did not fulfill the standard of care. They can also detail how injuries have affected your loved one.
- Notes from the Resident or Family Members: If you have taken notes on your loved one’s treatment, instances of abuse, interactions with staff or anything else that might be relevant, make sure to provide it to your attorney. This can help your lawyer develop a clearer picture of what happened and how the facility responded.
- Correspondence with the Facility: Any written communications with nursing home administrators or staff regarding concerns or complaints about understaffing, care, including emails, letters, and notes from meetings or conversations.
- Regulatory and Inspection Reports: Reports from state inspections and documentation of violations and any corrective actions taken, which can illustrate a pattern of substandard care, or specific incidents related to the case.
- Psychological Evaluations: Professional assessments that document the emotional and psychological impact of the alleged abuse or neglect on the resident, which can support claims for emotional distress and pain and suffering.
What Is My Loved One’s Nursing Home Abuse Case Worth?
The purpose of filing a nursing home abuse lawsuit is to not only hold the negligent parties accountable, but also to secure compensation for damages. The value of your case will depend on the value of the damages your loved one suffered, which may include.
- Emergency medical care
- Treatment at the hospital, which may include surgery
- Tests to diagnose injuries and illnesses
- Ongoing medical care, such as rehabilitation or physical therapy
- Medications to treat and manage medical conditions
- Lost enjoyment of life
- Pain and suffering
- Emotional distress
- Punitive damages, for particularly reckless actions, or actions that are malicious or intentionally fraudulent
Our goal is to ensure your loved one receives full compensation that reflects the gravity of the situation and provides the necessary resources for his or her recovery and rehabilitation. The team at Massey & Associates, P.C. is prepared to work tirelessly to advocate for your loved one’s rights.
Our Chattanooga nursing home abuse lawyers represent residents and their families at no upfront cost.
Injured?
Contact Massey & Associates, P.C.
You do not need to feel intimidated by the insurance company. The law gives you the right to seek compensation for damages after an injury caused by another’s negligence. The law also allows you to hire an experienced lawyer to help level the legal playing field and seek a favorable result.
Massey & Associates, P.C. has many years of experience securing justice and compensation for the injured in the Tampa area. There are no fees unless we win your case, either through a settlement or in the courtroom.
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What Rights Do Nursing Home Residents Have in Tennessee?
Nursing home residents in Tennessee have numerous rights under the Nursing Home Reform Act of 1987 and state law. In fact, residents’ rights are essentially the same under federal and state law.
It is critical for loved ones to understand these rights, so they can identify when neglect or abuse may have happened. These rights also help your lawyer to establish the duty of care that your loved one’s nursing home may have breached.
These are some of the many rights granted to your loved one in the interest of protecting their well-being and right to self-determination. Nursing home residents have the right to:
- Live free of physical or emotional abuse; the facility must notify the Department of Human Services, Adult Protective Services within five days of discovering such abuse
- Confidentiality and privacy concerning their medical care and records
- Receive visitors, unless there are medically justified reasons to restrict this access, such as the patient’s health
- Receive information about their condition and proposed treatment options in a manner they understand, facilitating informed consent
- Refuse medical treatment
- Participate actively in decisions about their care, including the development of their treatment plans.
- Be treated with respect and without discrimination
- Be free from unnecessary physical or chemical restraints
- Take part in social activities at the facility
- Access an ombudsman or a patient’s rights advocate who can help them address concerns or grievances regarding their care or treatment
If you believe that these rights have been violated, it is crucial to seek legal assistance. Massey & Associates is committed to protecting the vulnerable and holding responsible parties accountable.
What Are the Signs of Nursing Home Abuse or Neglect?
These signs of abuse frequently occur in nursing home facilities that are either understaffed or have unqualified and/or poorly trained staff members:
- Open wounds
- Malnutrition
- Unexplained bruises, cuts or fractures
- Bedsores or pressure ulcers
- Sudden weight loss or dehydration
- Poor personal hygiene or unclean living conditions
- Withdrawal or depression
- Anxiety or fear around certain staff members
- Unexplained changes in behavior or mood
- Frequent infections or illnesses
- Overmedication or sedation
- Reluctance to speak in staff’s presence
- Torn, stained, or bloody clothing
- Bruising around genitals or breasts
- Sudden difficulty walking or sitting
- Signs of restraint on wrists or ankles
- Injuries in various stages of healing
- Refusal of caregivers to leave resident alone with visitors
- Malnutrition
- Attempts to leave the facility
- Overall decline in well-being that cannot be attributed to expected changes in medical condition
These are some of the more common signs that may indicate abuse or neglect and warrant further investigation. It is critical for family members to watch for signs of abuse and act when they see these signs. Often, victims are afraid to speak up or they are cognitively impaired and unaware of what is going on. This places the burden on loved ones to stop abuse and protect their loved ones.
If your elderly loved one was abused or neglected at a facility in Tennessee, contact the Chattanooga nursing home abuse lawyers at Massey & Associates, P.C. to help.
Representing the People of Tennessee and Georgia
Massey & Associates consistently earns repeat business and referrals due to our success. We often win cases other attorneys deemed hopeless, turning them into victories for our clients.
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Gary Massey
Read Bio: Gary MasseyGary Massey, Jr., is a well-known courtroom advocate practicing law in Chattanooga, Tennessee. Gary is a native of Tennessee who began practicing law in 1998. He graduated from Cumberland School of Law where he was ranked in the top 3% of his class and was an editor of the Cumberland Law Review.
What Are the Common Reasons for Nursing Home Abuse?
There are many reasons why residents suffer neglect or abuse. Knowing these reasons can help families and regulators to protect residents from mistreatment.
The reason for abuse is also a central element of a Chattanooga nursing home abuse case. These reasons can help to show a breach of a duty of care owed to your loved one:
- Negligent Hiring Practices: A nursing home has a duty to hire qualified staff members who have the necessary credentials and experience to provide adequate care to residents. Negligent hiring practices may involve failing to conduct comprehensive background checks or hiring staff with a history of abuse or misconduct, creating an unsafe environment for residents.
- Understaffing: This is one of the most prevalent issues within care facilities. When a nursing home does not have enough staff to meet the needs of its residents, it risks compromising quality and timeliness of care. Understaffing often leads to overworked employees, which can result in mistakes, neglect and burnout. Burned out employees may be more likely to engage in physical abuse.
- Inadequate Training: Providing proper care in a nursing home setting requires specialized knowledge and skills. Inadequate training of staff can lead to unsafe handling and care of residents, medical errors and an inability to recognize or respond to health emergencies effectively.
- Poor Management and Oversight: A lack of robust management and protocol enforcement can lead to systemic issues where neglect goes unrecognized or unaddressed.
- Lack of Resources: Nursing homes that fail to provide adequate resources, ranging from medical equipment to hygienic supplies, can inadvertently foster an environment where negligence occurs.
- Ineffective Communication: When there is poor communication among staff members or between staff and residents’ families, critical information about the residents’ care needs may be lost, leading to neglect.
- Medication Errors: Incorrect administration of medications, whether in dosage or type, can have serious consequences for nursing home residents and is a form of medical negligence.
- Overlooked Resident Needs: This encompasses situations where the unique physical, emotional or social needs of residents are neglected, such as failing to assist with mobility, ignoring special dietary requirements, or not providing enough opportunities for socialization and mental stimulation.
It is crucial for anyone who has a loved one in a nursing home to be vigilant in watching for signs of negligence. Question practices that seem inappropriate and advocate for proper care.
Who Can Be Held Liable for Nursing Home Abuse?
In Tennessee, several parties can be held liable for nursing home abuse, depending on the specific circumstances. Liable parties can include:
- The nursing home facility, such as for failure to conduct proper background checks as required by Title 68, Chapter 11, Part 201 of the Tennessee Code
- Nursing home staff members, such as nurses, physicians or physician’s assistants
- Third-party contractors who interact with residents, such as visiting doctors, hospice care workers, physical therapists or specialists who visit the facility to provide specific medical services
- Visitors
- Trespassers
Can a Resident Leave a Tennessee Nursing Home?
Yes. In Tennessee, residents generally have the right to leave a nursing home. An exception would be if the resident is mentally compromised.
If a resident decides to leave the nursing home voluntarily, he or she or a legal representative should collaborate with the nursing home staff to for a safe and planned transition.
Facilities may want to transfer a resident, but they must give the resident at least 30 days’ notice and explain the reasons why. The facility must provide the contact information for the State Ombudsman. However, residents have the right to remain in the home unless their welfare is in jeopardy, remaining in the home threatens the safety of other residents or staff, or the resident cannot meet financial obligations.
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Where Do I Report Nursing Home Abuse?
If you witness or suspect that your loved one is being abused, neglected or exploited in a nursing home, it is mandatory to report it, according to Tennessee law. You can report the nursing home by calling the Tennessee Department of Human Services Adult Protective Services at 888-277-8366.
Was Your Loved One Abused in a Nursing Home? Call Our Chattanooga Nursing Home Abuse Lawyers Today
If your loved one suffered injuries from nursing home abuse or neglect, call our offices to discuss your legal options with our trusted legal team.
The Chattanooga nursing home abuse lawyers at Massey & Associates, P.C. are determined to fight for the rights of elderly residents who have been abused and neglected. There are no upfront fees or costs for us to represent you, and your initial consultation is free of charge. There is no financial risk in calling our firm to discuss how we may be able to assist you.
Our office is located at 6400 Lee Highway, just 12 minutes from Parkridge East Hospital.
Learn more about your legal options to protect your loved one in your no-obligation consultation: (423) 396-0720.