Under Tennessee law, nursing home abuse is defined as “the infliction of pain, injury, or mental anguish upon a resident”. Abuse may also occur when a nursing home caretaker denies services that are necessary in order to achieve or maintain the overall health and well-being of a resident.
Although the statistics on nursing home abuse are both staggering and disheartening, most experts agree that such abuse is still widely unreported. If you believe that a family member or a loved one has experienced such abuse, you should immediately contact a Clarksville nursing home abuse lawyer who could intervene to ensure that there are no further incidents of abuse. Work with a qualified personal injury attorney that could file an appropriate claim on behalf of the abused person.
Nursing Home Requirements in Clarksville
Nursing homes in Tennessee provide around-the-clock care to residents who are chronically ill, injured, or otherwise unable to care for themselves. The state requirements for nursing homes operating in Tennessee are established in the Tennessee Department of Health’s “Standards For Nursing Homes”.
In accordance with these standards, a local nursing home must have a full-time nursing home administrator licensed by the Tennessee Board of Examiners for Nursing Home Administrators, a licensed physician who serves as medical director for the facility, and a social worker whose primary role is to serve as a counselor for residents and their family members on staff.
Amount of Staff Members Employed at a Nursing Home
Nursing homes must also employ an adequate number of registered nurses and licensed practical nurses, as well as a designated registered nurse who serves as director of nursing. Furthermore, they must employ an adequate number of certified nursing assistants who have undergone a state-approved training program and who have passed a competency evaluation regarding their knowledge and skills regarding nursing home safety and procedures.
In addition to complying with all applicable laws and regulations, Clarksville nursing homes that participate in the Medicaid or Medicare program must also comply with all the requirements set forth in the federal Nursing Home Reform Act.
Signs of Potential Nursing Home Abuse
Potential signs of nursing home abuse include bedsores/pressure ulcers, dehydration, falls, fractures, head injuries, infections, malnutrition, rapid weight gain or loss, unexplained bruises and cuts, and wandering without supervision. In addition, any sudden change is a resident’s behavior or communications may be an indication that abuse or neglect has occurred.
It is quite common for nursing home residents to refrain from complaining about abusive incidents for fear of retaliation or of being forced to move to another location. That is why it is important for family members and friends to be on the lookout for any signs of nursing home abuse and to contact a Clarksville nursing home abuse lawyer if they see signs of abuse.
Potential Consequences of Nursing Home Abuse
Depending on its severity and consequences, nursing home abuse in Clarksville can result in civil claims, criminal charges, or both against the actual perpetrator. In addition, the nursing home itself can be subject to financial damages and other penalties, up to and including closure and de-licensing.
Working with a Clarksville Nursing Home Abuse Attorney
If you have a family member or loved one who you believe may have suffered abuse while residing in a nursing home, you should contact a Clarksville nursing home abuse lawyer who is familiar with this type of case. A qualified attorney will know how to properly document what happened, as well as how to initiate the appropriate legal actions to ensure that the resident is safe, secure, and appropriately compensated for the maltreatment they experienced.
In addition, you should also report all incidents of nursing home abuse to the Tennessee Department of Human Services (TDHS) at 888-APS-TENN/1-888-277-8366. Under Tennessee law, any person who suspects that an adult has suffered abuse, exploitation, or neglect is obligated to provide such information to TDHS.
The insurance company has a legal team. You should too.