Nashville Nursing Home Negligence
As much as we would love to provide around the clock care for our elderly loved ones, it is not always feasible. Often times we must place our trust in nursing homes to provide adequate care for the elderly and disabled. Unfortunately, many nursing homes are understaffed or otherwise unable to provide the level of care these individuals deserve. As a result, nursing home negligence and abuse is all too common. If you or a loved one has suffered harm as a result of inadequately trained staff or poorly managed nursing homes, contact our Nashville nursing home negligence lawyers today. As the largest personal injury law firm based in Tennessee, we have the resources and capabilities necessary to protect your legal rights.Forms of Nursing Home Negligence and Abuse
Nursing home negligence and abuse cases can arise in a variety of ways. At Nahon, Saharovich & Trotz, we recognize each case is different, which emphasizes the importance of fully investigating allegations of abuse in a timely manner. Below are common forms of negligence and abuse that can take place in a nursing home or long term care facility.
- Poor training of staff
- Improper use of chemical restraints
- Sexual or physical abuse
- Emotional abuse
- Medical malpractice
- Bed sores
The relationship between a nursing home and its residents gives rise to an affirmative duty owed by the nursing home to exercise reasonable care in protecting its residents from foreseeable harms. A nursing home negligence attorney can help Nashville residents make sure that a facility upholds this duty. At a basic level, nursing homes must ensure that patients maintain an acceptable level of personal hygiene, have clean beds, and receive proper nutrition. More advanced responsibilities might include drawing blood, administering medication, and monitoring vital signs.
Both federal and state laws impact how nursing homes should operate. The federal nursing home regulations are commonly referred to as “OBRA Standards,” short for Omnibus Budget Reconciliation Act of 1987. The Tennessee Department of Health has provided additional guidance on the standard of care for nursing homes located in the Volunteer State, outlining standards for disaster preparedness, resident rights, infectious and hazardous waste, and the basic services a nursing home must provide.
The Tennessee Department of Health is based in Nashville, located at 710 James Robertson Parkway. The Office of Health Care Facilities is charged with ensuring quality care in nursing homes, adult care homes, assisted living facilities, and similar institutions across the state. Regulators work to ensure facilities meet licensing requirements and other certifications to stay in operation. Nursing homes that fail to abide by federal and state laws may be punished in the form of fines, suspension, or orders to stop admitting new patients. Violators may also lose funding from the Centers for Medicare & Medicaid Services (CMS). However, these potential sanctions do not provide compensation for victims, so consulting a nursing home negligence lawyer in Nashville is a critical step to take if you or a loved one has been harmed.
Those injured as a result of nursing home abuse or negligence may be able to recover for damages and injuries suffered. In the nursing home context, damages may include medical expenses, emotional distress, loss of quality of life, pain and suffering, and loss of consortium. In addition, punitive damages can be obtained in the nursing home abuse context, as courts and juries may seek to punish egregious behavior to deter other nursing homes from committing reckless or intentional wrongful acts against patients.Contact an Attorney Today to Protect Your Legal Rights
Take the first step in protecting the legal rights of yourself or a loved one by speaking with a Nashville nursing home negligence attorney at Nahon, Saharovich & Trotz today. Our legal team has helped clients recover over $1.5 billion in settlements and verdicts. We have the resources and dedicated team necessary to make sure you receive the compensation to which you are legally entitled. Our law firm represents injured parties across the southeast, including Tennessee, Kentucky, Missouri, Arkansas, and Mississippi. To speak with one of our nursing home abuse or medical malpractice lawyers today, call 800-529-4004 or complete our online form to schedule a free consultation.