Tennessee ranks near the bottom for senior care staffing, according to a recent study comparing ratios, turnover, and staffing shortages. Sadly, the Volunteer state is the 4th worst in the nation, necessitating reforms for nursing home abuse in Tennessee.
That includes learning to spot nursing home abuse signs, knowing how and when to report, and securing legal assistance. If you’re not sure where to start when preventing nursing home abuse in Tennessee, this guide may help.
When you’re ready, we can also help you find a nursing home abuse attorney. If you or a loved one suffered nursing home abuse in Nashville, you have the right to legally defend yourself with an abuse attorney – and stop future crimes against other vulnerable adults.
Free Nursing Home Neglect Evaluation
Were you or your loved ones victims of abuse? Click here to speak with a nearby attorney for FREE about your Nursing Home Neglect claim.
or call (888)-927-3080
Nursing Home Resident Rights in Tennessee
According to the Tennessee Ombudsman, nursing home residents are awarded several protected rights, up to but not including:
- A safe and clean living environment
- Privacy of information
- Ability to partake or refuse medical treatment
- Issue complaints without retaliation
- Management of personal finances
- Receive proper medical and nursing services
- Be free of physical and chemical restraints
- Not to be wrongfully discharged from the home
To be sure your loved one’s rights are upheld, ask questions before admitting them into a new facility. Bring up their activity schedule, recent turnover rates, or even if they have enough staff to meet your loved one’s needs.
Every nursing home resident/patient in the state of Tennessee has the right to be free from willful abuse or neglect, as defined by Tenn. Code Ann. § 71-6-102:
“Abuse or neglect” means the infliction of physical pain, injury, or mental anguish, or the deprivation of services by a caretaker that are necessary to maintain the health and welfare of an adult…
How Tennessee Defines Nursing Home Abuse
According to the Tennessee Department of Health, and pursuant to Tennessee code 42 C.F.R. § 488.301, abuse is defined as:
“The willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish.”
The bar for nursing home abuse in Tennessee may be lower than you believe. Any form of mistreatment causing undue pain and suffering may be considered abuse, according to the Tennessee Healthcare Liability Act.
When facing nursing home abuse, document helpful evidence to help your attorney prove intent in the facility’s actions. Working with a lawyer may uncover instances of abuse you may not recognize as such, further strengthening your case.
Physical Abuse and Emotional Abuse
Nursing home physical abuse occurs when a caretaker or fellow resident purposely inflicts bodily injury to a senior adult. This type of abuse may become obvious when signs like sudden bruises, bleeding, broken bones, burns, and swelling appear.
Examples of the kinds of actions that may contribute to physical abuse include:
- Punching, slapping, kicking
- Intentional shoving
- Use of physical or chemical restraints
- Intentional refusal of resources
Emotional or psychological abuse, on the other hand, may be tougher to see. The signs may be more secretive and may not leave visible marks.
Additionally, many nursing home residents stay quiet about this type of abuse for fear of retaliation. Nursing home emotional abuse may look like:
- Humiliation and harassment
- Intentional embarrassment
- Isolation from other residents
- Intimidation
- Name-calling
- Blaming for minor offenses
Sexual Abuse
Inappropriate physical touching or sexual assault is another form of physical abuse that occurs in nursing homes. Signs include:
- Injury to the genital area
- Difficulty in sitting or walking
- Fear of being alone with caretakers
- Patient reports of sexual assault
Sometimes the perpetrators are staff, but often they’re other residents. No nursing home resident should have to deal with unwanted sexual conduct and if they have, legal action may be taken.
Financial Abuse
Financial abuse, which people sometimes refer to as exploitation, is a particularly cruel and common way to take advantage of the elderly. Examples of exploitation may include:
- Taking belongings or money from a resident’s room
- Unauthorized use of a nursing home resident’s credit, debit, or bank card
- Changing the recipients of a will or life insurance policy
Provide an environment where your loved one can feel safe enough to confide in you regarding financial matters. Many seniors don’t even realize someone is siphoning their funds until it’s too late.
Neglect
Nursing home neglect in Tennessee occurs when caretakers fail to provide basic care to the vulnerable adults in their supervision.
Without staff to ensure the wellness of their occupants, residents may experience severe harm that’s comparable to intentional abuse.
Neglect is officially defined by Tennessee law as:
(5) “Neglect” means failure to provide goods or services necessary to avoid physical harm, mental anguish, or mental illness, which results in injury or probable risk of serious harm.
–Tenn. Code § 33-2-402 (10)
Neglect differentiates itself from abuse, as neglect indicates inadequate care or apathy, whereas abuse involves intentional harm.
Whether it’s on-purpose or not, long-term care facilities are responsible for nursing home neglect whenever it occurs. Signs of negligence from a Tennessee nursing home may include:
- Failing to provide shelter, food, or clothing
- Not performing required wound or medical care
- Leaving residents in bed too long such that persistent bed sores develop
- Not providing wheelchairs or walkers for residents with mobility issues
- Refusing to change residents after episodes of incontinence
- Regularly turning off the call light or ignoring help requests from residents
Every nursing home resident has the right to adequate basic care, and there’s no excuse for causing the vulnerable to suffer.
Early Signs of Nursing Home Abuse in Tennessee
Spot the warning signs of nursing home abuse as quickly as possible to stop the abuse early. Here are some of the clues the Department of Justice suggests you should look for:
- Bruises, black eyes, welts
- Bleeding, cuts, lacerations
- Sprains, dislocations, broken bones
- Unusual changes in sleeping and eating patterns
- Dramatic weight loss
- Emotional upset or agitation
- Personality changes, such as excessive apologizing
- Depression or anxiety
- Unexplained disappearance of funds or possessions
- Untreated bedsores
- Dirty clothing or undergarments
- Unsanitary or unclean living conditions
Keep lines of communication open if you know someone in a nursing home by calling and checking up in person regularly.
Many seniors hesitate to bring up their experiences and traumas for fear of causing any issues. Some sadly rationalize their experiences as something normal. Reassure them that they have a right to proper care and are safe to share any concerns with you and your attorney.
How to Report Tennessee Nursing Home Abuse
If your loved one’s safety is in jeopardy, don’t hesitate to call 911 to prevent further life-threatening harm. Before starting claims and fighting for settlements, confirming your loved one’s safety is the first priority.
Tennessee provides several ways you can report your nursing home abuse claim. These state organizations have substantial sway in altering a nursing home’s abusive behavior, so don’t hesitate to bring your claim.
The Tennessee Adult Protective Services is in charge of preventing instances of adult abuse/exploitation throughout the state of Tennessee. Your abuse claim may be anonymous and your information is protected and will never be used against you.
Toll free: 1-888-APS-TENN (1-888-277-8366)
The Tennessee Relay Services Department serves residents who suffer from disabilities such as blindness, hard-of-hearing, or speech impediments.
TTY dial 711 or 1-800-848-0298
Tennessee Ombudsman
Another advocate you can report your Tennessee abuse claim to is the State Long-Term Care Ombudsman. Made up of volunteers and government employees, the Tennessee Ombudsman regularly visits nursing homes to remind residents of their rights.
The Tennessee Ombudsman takes time to listen to nursing home complaints and can resolve problems and concerns that may lead to abuse.
What Type of Claim Do I File for Nursing Home Abuse?
To seek damages for any incurred losses, you must file a claim in court. After reporting to the authorities, you may choose to file a personal injury lawsuit for yourself or your loved one.
Elder abuse in Tennessee is not as rare as we would hope, so filing a lawsuit is an important step to preventing future cases.
Types of Damages in a Tennessee Nursing Home Claim
Compensatory and punitive damages make up the two types of losses that may be awarded in a Tennessee nursing home abuse claim.
Total payouts for your damages depends on your evidence and your attorney’s skill in proving your case. In Tennessee, non-economic damages are capped at $750,000 per case.
Compensatory Damages
Compensatory damages are monetary payments for “actual” damages resulting from the incident. The amount of an award will depend on the proven harm, loss, or injury to the victim.
These may be in the form of economic damages, like medical bills or money lost via financial exploitation. Or they may be non-economic damages like pain and suffering or emotional distress.
In cases where the plaintiff suffers “catastrophic injuries”, the $750,000 cap in Tennessee is increased to $1 million.
Punitive Damages
The idea behind punitive damage awards is to punish gross negligence through financial penalties in the form of a lawsuit.
Your case may qualify for punitive damages only if you prove the defendant acted with clear maliciousness or extreme negligence. Their actions had to have majorly contributed to grave harm to others and themselves.
In this way, punitive damages aren’t meant to make up for losses. Instead, they serve as a deterrent against future incidents of abuse. Nursing home understaffing is a major issue, so damages of this type may force Tennessee nursing homes to hire more staff for their residents.
Tennessee Statute of Limitations
The statute of limitations for filing a lawsuit alleging personal injury from nursing home abuse in Tennessee is only one year.
That deadline is a lot shorter than most states, so be aware of it. It’s best not to wait so you don’t miss your opportunity to file in court. If more than a year passes, you will not be able to pursue damages in your Tennessee nursing home abuse case.
Find a Local Nursing Home Attorney with LegalASAP
Nursing home abuse in Tennessee must be responded to immediately, so getting the right legal help is crucial. Address incidents of nursing home abuse by hiring a skilled nursing home abuse lawyer in Nashville who specializes in your case.
Specialized nursing home abuse lawyers know the system and can assist you in acquiring a reasonable settlement for your loss. In fact, LegalASAP may connect you with a qualified attorney for no upfront costs in our 500+ law firm network.
Laura Schaefer
Laura Schaefer is the author ofThe Teashop Girls,The Secret Ingredient, andLittler Women: A Modern Retelling. She is also an active co-author or ghostwriter of several nonfiction books on personal and business development. Laura currently lives in Windermere, Florida with her husband and daughter and works with clients all over the world. Visit her online at lauraschaeferwriter.com and linkedin.com.
