Experienced nursing home abuse lawyers in Nashville should be your first call if you suspect abuse or neglect of an elder family member at a care facility.
Tennessee personal injury laws are very specific about the rights and protections of residents living in nursing homes and elder care facilities.
However, these statutes are also complicated, which is why it is important to have a personal injury lawyer in Nashville with expertise and experience in this area if you have reason to believe that an elderly parent or other relative has been abused or neglected by nursing home staff.
A Growing Problem
Between the “graying” of America as the population ages and an influx of senior citizens and retirees seeking homes in warmer climates, the elder population of Nashville has grown considerably: today, nearly 13 percent of those living within the city limits are age 65 and older.
Elder care and assisted living facilities are regularly subject to inspections and surveys, the results of which are provided to the federal Medicare program. Consulting current data, nursing home abuse lawyers in Nashville have found that nearly half of elder care facilities in the city have been violated state regulations.
Part of this is due to the increasing elderly population; many nursing homes are overcrowded and understaffed. This places a greater burden on the physicians, nurses and other care workers–and job frustrations can mean that residents suffer the consequences.
The Rights of Nursing Home Residents
Under the laws of the state of Tennessee, nursing home residents are protected by a bill of rights. These include:
- protection from physical or psychological abuse (including “chemical” restraint)
- access to their medical records and information about any conditions
- participation in planning their own treatment
- making their own health care decisions (if of sound mind)
- manage their own financial and legal affairs (if of sound mind)
- retain possession of their personal property within their own living space
- share quarters with a husband or wife
What does nursing home abuse look like?
Abuse and neglect can take numerous forms:
- Accidents (choking dropping, falling, entrapment, wheelchairs)
- Burns
- Fractures
- Medical malpractice (including medication errors)
- Psychological abuse
- Wrongful death
Do You Need Nursing Home Abuse Lawyers in Nashville?
Neglect of a senior resident by a nursing facility can be life-threatening. Should it be necessary to take legal action on behalf of an elderly parent or relative when allegations of abuse and/or neglect are present, nursing home abuse lawyers in Nashville will require evidence in order to successfully argue your case.
Elder abuse and neglect claims come under the jurisdiction of the Tennessee Healthcare Liability Act.
This law defines any care services that fall below professional standards as abuse and/or neglect. It is therefore important to document such instances in as much detail as possible.
The court will need to know whether or not the resident was indeed subject to abuse or neglect, what kind of abuse or neglect was involved, and if the victim was dependent on the facility and its staff.
If you or a loved one was injured, looking for an attorney during this time only adds to the stress you are already facing. If you live in the greater Nashville area, we at Top Class Actions recommend the experienced personal injury attorneys at Whitfield Bryson & Mason. Fill out the FREE form on this page for more information.
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