When your loved one requires long-term care in a nursing home, you trust that facility and its staff to provide your loved one with respectful, diligent care. Unfortunately, such care is not always given. Nursing home physical abuse is far from uncommon. When it happens, abusers must be held accountable, and victims must get justice.
Gatti, Keltner, Bienvenu, & Montesi PLC is a law firm dedicated to protecting the rights and dignity of nursing home residents in Germantown. If your loved one has been the victim of abuse, contact us immediately to speak with a personal injury lawyer in Germantown.
Tennessee’s Nursing Home Ranking
National rankings for nursing homes show Tennessee near the bottom of the list, coming in at number 41. While this ranking does not represent the specific administrations and staff at every individual facility, it shows that, overall, nursing homes in the state could serve their residents better.
Nursing Home Residents’ Rights
With physical and/or cognitive limitations, nursing home residents are heavily or completely dependent on others. Tennessee cares about these residents and has established rights to ensure their proper treatment and protect them from abuse.
Among others, nursing home residents have the right to:
- A clean, safe living environment
- Manage their own finances
- Appropriate medical care
- Engage in community
- Private visits and unhindered communication with others
- Freedom from physical and chemical restraints
- Privacy
- Freedom from all forms of abuse
- Respectful treatment
Violations of these rights amount to abuse and must not be tolerated. An experienced nursing home attorney in Germantown will help you pursue the justice your loved one deserves.
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Physical Abuse in Nursing Homes
According to the National Center on Elder Abuse (NCEA), a “recent systematic review that collected self-reports by abuse by residents found high levels of institutional abuse.” The NCEA emphasizes, though, that abuse is often under-reported.
Physical Abuse Explained
Physical abusers use physical force or coercion that can lead to injury, physical pain, or impairment. It often involves hitting, pushing, shaking, slapping, kicking, burning, force-feeding or pinching, or other intentional uses of force.
The unlawful unnecessary or excessive use of physical or chemical restraint also counts as physical abuse.
Other Types of Abuse or Neglect
Sadly, abusers find a variety of ways to harm victims. While physical abuse often leaves observable results, other forms of abuse are harder to see.
- Emotional and psychological abuse inflicts anguish or distress upon victims through verbal and non-verbal acts, such as threats and intimidation, humiliation, isolation, and harassment.
- Financial abuse is the improper use of a resident’s property, money, or other assets. It may involve the theft of belongings or identity or coercing the resident into signing or changing documents, such as a will, contract, or power of attorney.
- Sexual abuse occurs when the abuser forces the resident to participate in sex acts, touches the resident without consent, sexually harasses the resident, or subjects the resident to any other non-consensual sexual interaction.
- Neglect is a more indirect form of harm. Those who neglect residents hurt them by depriving them of necessities such as food, water, clothes, medicine, safety, or personal hygiene.
Reporting Abuse Is Mandatory in Germantown, TN
Under Tennessee Law, anyone who suspects or witnesses the abuse of an elderly person must report it.
In emergency situations, call 911. In other cases, reporters can call Adult Protective Services. When the abuse occurs in a nursing home facility, reporters should also inform their District Ombudsman.
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Why Taking Legal Action Is Critical
Once you have reported the witnessed or suspected abuse, reach out to a nursing home physical abuse attorney in Germantown. Abuse of anyone, but especially the most vulnerable, is a serious offense that demands a legal response.
Nursing Home Residents Must Be Protected
By holding abusive facilities or staff members responsible for their actions, you also help protect residents from future abuse. When abuse goes unchecked, it will continue.
Abusers Must Be Exposed and Punished
Criminal acts require criminal punishment. Exposure and punishment of abusers also serve to deter others from committing similar acts.
Loved One Must Be Compensated
When your loved one is physically or otherwise abused, they have been seriously harmed. Their dignity, sense of safety, and overall well-being have been stolen from them. They must be compensated for these losses.
GKBM has represented victims of nursing home physical abuse for decades. We understand the importance of restoring your loved one’s dignity and showing them they matter.
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A Nursing Home Physical Abuse Attorney in Germantown Will Fight for Justice
A Germantown nursing home physical abuse lawyer will build your case and wage a relentless fight for a just settlement.
Filing an Abuse Claim
By Tennessee law, you have one year from the date the abuse was discovered to file against the at-fault parties.
Such a tight timeframe makes it critical for you to partner with a lawyer as soon as possible. The more time your lawyer has to investigate the situation, the stronger your case will be.
Gathering Evidence
When you notice signs of physical abuse, collect evidence. Take pictures of your loved one’s injuries. For non-physical abuse situations, document other signs. For example, keep notes on any changes in your loved one’s mood or demeanor. Make copies of suspicious bills.
This evidence is a starting point for your Germantown nursing home physical abuse lawyer who will collect additional evidence from every relevant source. Your experienced lawyer will consult will medical experts, dig into the facility’s history, review the abuser’s work evaluations, and follow any other pertinent leads.
Negotiating a Settlement
The parties representing the abusers will do whatever it takes to avoid paying a substantial settlement. If you do not have a strong legal background, it is easy to fall prey to their tricks and accept less than your loved one deserves. This will not happen when a nursing home physical abuse lawyer in Germantown handles the negotiations.
Your attorney will not be fooled by tricks or intimidated by scare tactics. On the contrary, your lawyer will wage a fierce battle against these offenders, demanding they pay for the damage they have caused.
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Get Justice for Your Loved One
Your loved one deserves justice, and GKBM will fight for it. Just call or send a message to schedule a free case review with a skilled and compassionate Germantown nursing home physical abuse attorney. Your lawyer will take care of the rest, giving your loved one the respect they deserve and representing them with the tirelessness they deserve, so they can get the justice they deserve.