Nursing Home Abuse Lawyers

Trusting a nursing home to take care of your elderly relative can be a difficult decision to make. When decided, you want the nursing facility to provide the best care possible for your loved one. Sometimes, however, the staff at nursing homes take advantage of their patients, even going so far as physically and emotionally abusing them. This can lead to devastating injuries or even death. If your loved one has suffered a traumatic experience at the hands of nursing home staff, he or she may be eligible for compensation for the nursing home’s wrongful actions. It is critical to obtain representation as soon as possible.

Nursing homes in Kentucky are particularly notorious for this. Most of the nursing homes in the state have had complaints filed against the facilities, and approximately one in four nursing homes received a 1-star rating from the Centers for Medicare & Medic-aid Services. Tennessee nursing homes received only slightly better ratings, with nearly one in six facilities receiving a 1-star rating.

An elderly patient in a nursing home can experience a wide variety of abuse, including:

  • Intimidation or humiliation
  • Financial exploitation
  • Isolation and ignoring the patient
  • Emotional or physical abuse
  • Bedsores/pressure sores
  • Lack of hygiene and unsanitary living conditions
  • Sexual abuse
  • Unacceptable use of restraints
  • Lack of adequate care in administering medication

If you suspect that a loved one is being abused or neglected after being placed in a nursing home, then be sure to look for the following common signs of abuse:

  • Injuries or bruises that are unexplained
  • Poor living conditions
  • Hygiene problems
  • Malnutrition/dehydration
  • Change in behavior or mood
  • Weight loss
  • Unusual and unexplained decline in health
  • Missing money or personal items
  • Bedsores/pressure sores
  • Improper medication administration

If you file a nursing home abuse or neglect lawsuit, you may be able to file against both the employees that caused the injury and the nursing home establishment itself. Under the doctrine of vicarious liability, the nursing home would be responsible for the actions of the employees that it hired. One of the most common claims against nursing homes is the civil claim of negligence, where a nursing home fails to abide by a standard of care. There are a variety of options for filing a negligence claim against a nursing home including:

  • Negligent supervision of employees
  • Negligent hiring of employees
  • Failure to hire enough employees to meet the needs of the facility
  • Failure to keep the facility up to code or regulation
  • Failure to properly train employees
  • Failure to conform to requirements imposed by law

In addition to civil claims, a criminal penalty might be available for the person or people who caused harm to your loved ones. States have different age requirements for individuals in order for the harm to rise to the higher level of elder abuse.

If you have a loved one who was abused or neglected while in a nursing home, then the first thing you should do is contact an attorney to discuss the specifics of your case. The attorneys at Hughes & Coleman are experienced in fighting for the justice that your loved one deserves. The steps that will need to be taken can vary from case to case. Let us help you today—simply call or fill out a case evaluation form and one of our team members will contact you at a time that is convenient for you. This process is 100% free, so you and your loved one have nothing to lose.

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Time is of the Essence in Abuse Cases

If you discover that a loved one has been abused or neglected after being placed in a nursing home, contact an attorney immediately. Statutes of limitations (laws that state how long you have to file a claim) depend on the type of injury that occurred and the location that the injury was carried out. Don’t potentially compromise your case—call or schedule a case evaluation today to speak with one of the team members at Hughes & Coleman at no cost.

Don’t Wait—Let Us Help You Today

Finding out that a relative has been the victim of nursing home abuse can be devastating and seeking justice for his or her injury can be a complicated process. Nursing home cases often involve complex medical issues and require expert witnesses to state whether the quality of care that your loved one received was improper. In the case of a medical malpractice or wrongful death lawsuit for your relative’s injuries or passing, a case against the nursing home becomes even more complicated. Don’t fight this battle alone—the experienced elder abuse attorneys at Hughes & Coleman are here to help fight your case for you so that you can focus on recovering from this experience.

Cases are likely to be referred.

What is the definition of long-term care?

When an individual’s capacity to execute basic self-care tasks, known as activities of daily living (ADLs) (such as washing, dressing, or eating), or instrumental activities of daily living (IADLs), is impaired by a chronic condition, trauma, or illness, they require long-term care (such as household chores, meal preparation, or managing money). Long-term care usually involves the most personal aspects of a person’s life, such as what and when they eat, personal hygiene, dressing, and toileting. Home activities such as meal preparation or telephone use are examples of less serious long-term care demands.

The oldest segment of our population, those aged 85 and up, are one of the fastest-growing groups of the population that receives care. Receiving care in a nursing home or skilled nursing facility is much more common as people get older; in 2010, 13% of people aged 85 and over (13%) lived in a facility, compared to 1% of people aged 65 to 74.

Attorney for Nursing Home Abuse

Unfortunately, reports from reliable organizations such as the National Council on Aging, which claims that over 10% of all people 60 and older have suffered some type of nursing home abuse, the majority of which occurs in nursing homes and long-term care facilities, are alarming.

If you suspect a loved one or someone you know has been abused in a nursing home, contact an experienced and dedicated team of nursing home abuse lawyers right now. Personal injury lawyers can assist you in protecting a loved one from harm.

Contact a Nursing Home Abuse Lawyer Today!

Any claim of nursing home abuse or neglect is a serious matter that should be handled by a nursing home abuse lawyer.

You and your family deserve to live in a clean, safe, and nurturing environment. If a nursing home takes advantage of, neglects or abuses a senior, the victim and their family may be eligible for compensation.

Hughes & Coleman Personal Injury Lawyers are in the vanguard of the fight to keep older people safe from ailments like bedsores, dehydration, malnutrition, infections, and falls. Each elder abuse and neglect case is pursued with zeal and a strong sense of personal connection by our team of aggressive nursing home litigators and trial lawyers. To schedule a free consultation, please contact us immediately. We’ll even come to your house or hospital if necessary. We take pride in constantly battling to bring all perpetrators of elder abuse and neglect to justice.

According to studies, approximately half of all nursing home patients are subjected to some type of abuse or neglect. In the last few years, about half of all skilled nursing institutions in the United States have been fined for violating nursing home care rules. With a growing elderly population, more people are being abused and neglected than ever before. If a family member or loved one has been neglected in a nursing home, contact the Kentucky and Tennessee nursing home neglect lawyer right away for assistance.

Abuse and neglect in nursing homes can occur in a variety of ways. Nursing home abuse is typically defined as physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with physical harm, pain, or mental suffering as a result. It is also defined as the deprivation of commodities or services by a care custodian in order to cause bodily injury or mental distress.

Nursing home abuse is:

  1. failure to assist with personal hygiene or the provision of food, clothing, or shelter
  2. failure to provide medical care for physical and/or mental health needs
  3. failure to protect from health and safety hazards
  4. failure to prevent malnutrition or dehydration

The majority of issues that nursing home patients face have one common denominator: understaffing. Staffing issues are caused not only by insufficient or short staffing but also by nurses and other caregivers providing care in areas where they are not properly trained or qualified. Understaffing is a hallmark of elder neglect, and if your loved one has suffered as a result, you should call a nursing home neglect attorney.

Decubitus ulcers or pressure sores, falls, dehydration and malnutrition, and infection transmission are all prevalent problems among the elderly. In some circumstances, nursing home mistreatment might result in amputations that could have been avoided. Due to a lack of sufficient monitoring and care, many people suffer from avoidable falls that result in bruising, broken bones, and other serious injuries. Patients and residents are frequently denied their dignity rights when they are subjected to unhygienic circumstances, for example. Unfortunately, some examples of widespread neglect and abuse result in a resident’s death, which can lead to a wrongful death lawsuit.

Your loved ones are entitled to protection against abuse and neglect. Hughes & Coleman Personal Injury Lawyers, a Kentucky and Tennessee nursing home negligence law firm, believes that nursing homes caring for our loved ones should be held to a high standard of care. It is the job of the nursing home and trained medical staff to offer you and your loved ones with the finest possible care.

COMMON SIGNS OF ABUSE AND NEGLECT

  • Bedsores
  • Understaffing
  • Untimely Death
  • Incontinence Issues
  • Infections
  • Restraints
  • Errors in Medication
  • Disorders of the Mind
  • Abuse of the body

 

Nursing Home Abuse Law is a complicated topic.

Kentucky and Tennessee have taken significant steps to safeguard the elderly from mistreatment in nursing homes. Abuse of the elderly may be both a civil and criminal violation in Kentucky and Tennessee. Nursing home abuse charges can result in penalties and jail if found guilty.

 

Nursing Home Abuse Cases: Criminal vs. Civil

Elder abuse can be prosecuted in Kentucky and Tennessee either through the criminal justice system or through civil courts. The following are the distinctions between criminal and civil charges in a nursing facility or elder abuse case.

Depending on the age of the victim and the intensity of the abuse, elder abuse can result in a variety of penalties. Fines and imprisonment may be imposed for elder abuse.

Anyone who inadvertently or intentionally causes harm or death to a dependent adult or the elderly is subject to penalties and imprisonment.

If you are caring for an elderly person and you choose to abuse or disregard their needs, you may be breaking federal and state laws. You may face criminal and civil penalties.

The distinction between a civil and a criminal matter is self-evident. An experienced attorney with experience in nursing home abuse handles civil matters. Typically, the family employs an attorney and files a lawsuit against the nursing home. Abuse that is more violent is dealt with in criminal courts. Families have very little, if any, control over these situations, which are punished under a rigorous penal statute.

If you believe that nursing home staff members have abused you or your family members contact us today for a free legal case review. The experienced legal team members at Hughes & Coleman are trained to review your nursing home abuse case. Fill out the contact form or call us at 1-800-800-4600 for your free case review.

Elder Abuse Defined

Nursing home abuse is illegal in both Kentucky and Tennessee, according to state law. Civil and criminal laws protect those who are most vulnerable. These rules prohibit not just physical or mental abuse, but also neglect or lack of care for the elderly.  Abuse can be classified as psychological, physical, financial, neglect, isolation, abandonment, or sexual assault. All adults are protected by the law.

You can report nursing home abuse.

Call 911 if a loved one is in immediate danger in a nursing facility. Report the event to authorities by calling your local non-emergency number if the abuse does not require immediate treatment.

What happens now that you’ve reported the abuse or neglect? Finding a law firm that specializes in nursing home abuse cases or has an attorney with experience specializing in nursing home abuse cases is critical.

Please report any suspicions of abuse and seek legal help immediately to ensure your loved one and other residents are never subjected to abuse or neglect again. Here is where you should begin your legal case review.

If older persons are socially separated from their loved ones, they are more vulnerable to abuse and neglect. As a result, residents of long-term care facilities are more likely to be neglected.

Families of nursing home patients may be entitled to sue if their loved ones are neglected.

When Is It Time to File a Negligence Lawsuit Against a Nursing Home?

The procedure of filing a negligence lawsuit against a nursing facility should begin as soon as feasible. If you want to launch a nursing home negligence claim, the first step is to contact a lawyer. The lawyers at Hughes & Coleman can assist you in filing a complaint against the institution or its employees.

This complaint is a legal document that contains a lot of information, such as:

An explanation of the victim’s injuries

Facts about the occurrences of neglect that are relevant

The names of the parties involved

It may also help others avoid being neglected in the future. Nursing facilities that have been sued may alter their policies in order to improve the quality of treatment and avoid more litigation.

However, if you wait too long after the neglect occurs, you may not be able to pursue legal action. Statutes of limitations prohibit lawsuits from being launched after a specified period of time has passed. Personal injury attorneys can assist you in meeting these deadlines.

If you believe that nursing home staff members have abused you or your family members contact us today for a free legal case review. The experienced legal staff at Hughes & Coleman are trained to review your nursing home abuse case. Fill out the contact form or call us at 1-800-800-4600 for your free case review.

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We live and work here and it’s the place we call home. We live in the same neighborhoods as you, and we want to make sure that our neighbors and friends are well taken care of as well.

Our practice has five locations in Tennessee (Nashville, Murfreesboro, Clarksville, Columbia, and Gallatin) and five locations in Kentucky (two in Louisville, Lexington nursing home abuse lawyer, Bowling Green, and Elizabethtown). We have a growing team of more than 30 attorneys and more than 60 staff members, including case coordinators, investigators, and paralegals, and we handle cases of all sizes.

Our experienced attorneys have obtained successful outcomes for their clients in a variety of practice areas, including auto accidents, motorcycle accidents, brain injuries, Social Security and Veteran Disability, defective products, fire and burn injuries, drug injuries, nursing home abuse, truck accidents, and wrongful deaths, among others.

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The National Council On Aging. (n.d.). The National Council on Aging. https://www.ncoa.org/article/get-the-facts-on-elder-abuse.

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