Tennessee Nursing Home Abuse Lawyer
According to the National Center on Elder Abuse (NCEA), 50% of the nation’s nursing homes lack sufficient staffing. As a result, these facilities don’t have the resources to deal with the demands of successfully running and maintaining understaffed nursing homes. Studies have shown that understaffed nursing homes typically lead to neglect and abuse.
In Tennessee alone, nursing home abuse and neglect remains a serious problem. Tennessee is the home to over 35,000 nursing home residents, and even though there are strict laws and regulations in place to eliminate nursing home abuse, it is still happening at an alarming rate in Tennessee.
If you or a loved one are a victim of nursing home abuse, consider obtaining legal help from a Tennessee nursing home abuse law firm that has the experience and knowledge to help you win your case. The Tennessee law firm of McIver Brown specializes in nursing home abuse and neglect cases and can help you get the justice and financial compensation you deserve.
Laws on Nursing Home Abuse in Tennessee
Tennessee has laws and regulations that must be followed by all nursing homes in the state. If you or a loved one reside in a nursing home, it’s advisable to be proactive and understand these laws and your legal rights.
In the state of Tennessee, all nursing home residents have the right to live in a clean and sanitized environment. Staff members are responsible for ensuring that the facilities are clean, habitable, and debris-free.
Discrimination of any kind in nursing homes is against the law in Tennessee. No nursing home resident should be discriminated against on financial status, race, gender, or nationality.
Furthermore, the state of Tennessee requires that all nursing home residents receive nutritious meals and snacks daily. If a resident has a special diet plan, meals must include the therapeutic diets meeting the needs any individuals with special conditions. A qualified dietician must be on site at each nursing home.
A physician, dentist, and registered nurse must be available each facility. Additionally, each nursing home must be currently licensed by the Tennessee Health Board in order to legally operate.
Nursing home residents must be offered social interactions through activities such as games, entertainment, outings, and personal hobbies. Family members of the residents are allowed visitation.
Professional counseling must be available for nursing home residents with emotional, mental, or social problems.
No staff is ever allowed to physically or emotionally punish a resident. Physical and emotional abuse consist of negligence, hitting, slapping, bruising, pushing, demeaning words, taunting and teasing, deprivation of the basic necessities, and the denial of access to state-mandated programs and activities.
Keep in mind that the state of Tennessee has a statute of limitations of one year from the time in which the violation was found out, or should have been discovered within reason.
Legal Consequences of Nursing Home Abuse in Tennessee
Under the Tennessee Adult Protection Act, anyone found guilty of nursing home will face legal consequences, including those who know that nursing abuse happened yet failed to report it. Depending upon the abuse, offenders face either misdemeanor or felony charges. Examples of Class A misdemeanor charges include failure to report abuse, neglect, exploitation, and willful abuse. Gross neglect and physical abuse on any impaired or disabled resident is considered aggravated assault; a felony in Tennessee. Other examples of felonies include severe physical abuse, theft, fraud, and sexual assault.
Keep in mind that each nursing home abuse case is different and the punishments are handled according to details of each individual case.
Along with criminal charges, offenders may also face civil charges that can result paying a substantial amount in damages to the victim and/or the victim’s family. Nursing homes that fail to comply with state laws may also face a financial lawsuit as well as the permanent closing of the facilities.
We Can Help
If you feel that a loved one has had their legal rights violated, we encourage you to contact the award-winning Tennessee nursing home abuse law firm of McIver Brown. Each attorney at the McIver Brown Law Firm has extensive knowledge regarding the nursing home abuse laws in Tennessee, and will fight to ensure that your loved one receives proper care, and that you and your family get the justice and financial compensation that you deserve.