Lawyers For Nursing Home Neglect – All older people deserve respect and care. Many families assume and believe that when their loved one is placed in a nursing home, they will receive adequate personal and medical care. Unfortunately, many nursing homes are understaffed or staffed by people who are not properly trained to work with the elderly. As a result, many residents are vulnerable to abuse and neglect. If you or a loved one has been subjected to this type of reprehensible behavior, our Memphis nursing home negligence attorneys can help you explore your legal options and assert your rights. At Nahon, Saharovich & Trotz, the largest personal injury firm based in Tennessee, we regularly settle cases before a jury and will not hesitate to take your claim to trial if you do not receive an adequate settlement offer. We have over 30 years of experience as personal injury attorneys representing victims in Tennessee, Mississippi, Arkansas, Kentucky and Missouri.
If your loved one is in a nursing home, you should be alert for potential signs of neglect or abuse. Some common indicators include bedsores, unexplained fractures or bruises, malnutrition, dehydration, and wandering. For example, ulcers develop in people who do not turn every two hours to avoid unnecessary pressure on the legs, feet and buttocks. When a resident loses excessive weight, has dry lips, or develops many urinary tract infections, these can be signs of malnutrition and neglect.
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A nursing home that is improperly managed or staffed inappropriately can be held liable if its failure to use reasonable care and obey the law results in injury to a resident. State and federal laws prohibit neglect or abuse of the elderly and disabled in nursing homes. In Tennessee, nursing home administrators must have at least one of three types of certification to assume the role of administrator. Meanwhile, nursing home employees must pass criminal background checks if they provide direct patient care or have direct patient contact. This process involves fingerprinting and authorizing the nursing home to obtain information related to criminal history.
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Nursing home abuse consists of causing injury, mental anguish, or pain to the resident. All employees are required to report an incident or suspicion if they have reasonable cause to believe another employee has abused a resident.
Residents have many legal rights under state and federal laws. For example, all nursing home residents are entitled to nutritious meals, snacks and hydration. Moreover, every nursing home must have organized care 24 hours a day. The service should be provided or supervised by a registered nurse. A licensed registered nurse or registered nurse should be on duty to care for residents at all times. Two nurses must also be on duty at all times. In addition, a doctor and dentist must be available. If the medical staff or physician deviates from the accepted standards and practices of the medical community in providing treatment to residents, it may be appropriate to file a medical malpractice lawsuit as well.
If you have been injured or lost a loved one due to nursing home neglect or abuse, the experienced Memphis nursing home negligence attorneys at Nahon, Saharovich & Trotz can represent you in your lawsuit. Our staff of 30 attorneys and over 100 staff members have recovered over $1.5 billion in settlements and verdicts. We provide representation to people in Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Haiti, and Carruthersville, among other areas of Tennessee, Mississippi, Arkansas, Missouri, and Kentucky. Contact our office toll-free by calling 800-529-4004 or filling out our online form to schedule a free appointment. Our firm also represents people seeking a medical malpractice attorney or assistance with any other type of personal injury claim.
“They stayed with my case until everything was resolved.” My situation was complicated and they made sure things were under control from start to finish.
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“From start to finish, it was a good experience.” They listened and treated my case with compassion and care. I highly recommend them.”
“I was involved in a car accident with my mother and she suggested NST to handle the case for us. Everything was resolved professionally and on time.”
Received for a woman injured in a car accident at work, who suffered numerous fractures and underwent several surgeries. One of the most difficult decisions for any family is moving an elderly loved one into a nursing home. In addition to caring about preserving your relative’s independence and maintaining your relationship, ensuring their safety is a top priority.
Unfortunately, too many nursing home residents suffer abuse and neglect from their caregivers. If you suspect that your loved one is being abused or neglected, it is important that you take action.
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Dreier Boiajian LLP has served clients in Albany, Troy, Schenectady, Saratoga Springs and throughout the Capital Region for over 30 years. Call (518) 463-7784 today for a free consultation with our nursing home abuse attorneys.
Nursing home residents in New York enjoy numerous rights and legal protections. The New York State Department of Health categorizes these rights as follows:
Nursing homes are required to post in a prominent, accessible location a summary of resident rights, facility visit hours, information on applying for Medicare and Medicaid benefits, and other information in a prominent, accessible location for resident and visitor reference. Violations of these rights can be grounds for a nursing home abuse or neglect lawsuit.
The abuse and neglect that residents suffer in nursing homes can take many forms. Some types of bullying are relatively easy to identify, while others are more subtle (and insidious).
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Residents who suffer physical abuse from caregivers don’t just suffer physical harm. They may also experience psychological trauma.
Caregivers may also emotionally abuse residents by isolating them from other residents, as well as by visiting family and friends. In addition, residents may self-isolate as a coping mechanism if they suffer mental, emotional, or verbal abuse.
There is a significant power imbalance between caregivers and nursing home residents. Unwanted sexual contact is one of the most heinous ways caregivers can abuse their power.
Elderly people who have suffered sexual abuse or assault can withdraw. They may also experience mood swings and outbursts as a result of the trauma they have endured.
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Unscrupulous caregivers may attempt to profit financially from vulnerable nursing home residents in a number of ways. Common examples of financial abuse in nursing homes include:
Financial exploitation of the elderly does not only affect the elderly’s ability to pay their bills. Depending on the circumstances, the abuser may rack up significant debts on your loved one’s behalf or deprive you and other family members of property to which you have a legal claim.
Generally, neglect is the result of negligence on the part of one or more caregivers rather than active malice or misconduct. However, as with the above types of abuse, nursing home neglect can take many forms.
Nursing home staff and the facility itself can be held liable for cases of neglect that harm the elderly. An experienced attorney can investigate nursing home negligence and advise you on your options for filing a lawsuit.
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These can be signs of physical or emotional abuse and require a keen eye to track down and expose those responsible.
The best way to ensure the safety of a loved one in a nursing home is to be a consistent presence. Visit often and vary the days and times you visit so you can see how different staff members treat residents.
If you notice any of the following signs, it may be time to start taking steps to protect your loved one:
If you’re concerned about the well-being of a loved one in a nursing home, it’s important to listen to your instincts. Timely action can prevent further suffering and prevent a tragic outcome.
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In order to file a lawsuit against a nursing home, the facility must first owe you or your loved one a duty of care. This requirement is generally met by a contract signed by you and/or your loved one as part of the admission process, which sets out the rights and responsibilities of both the resident and the nursing home. The caregiver and/or facility must have breached that duty through abuse or neglect, causing injury to you and/or your loved one. For your claim to be viable, these violations must result in damages (financial and other losses).
These are examples of institutional negligence, where poor nursing home management exposes residents to harm. Individual caregivers can also be held liable for neglect and abuse.
Ultimately, the damages you may be able to recover in a nursing home abuse lawsuit will depend on the losses you and your family have suffered. You may be entitled to compensation for the following:
Nursing home residents who have suffered abuse or neglect may be entitled to pain and damages, as well as compensation for the embarrassment, humiliation and inconvenience they suffer as a result of their injuries. In the event of a disabling injury, your loved one may also be entitled to compensation
What Is Considered Nursing Home Negligence?
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