Nursing Home Negligence or Abuse
Statute of Limitations Tenn. Code Ann. §28-3-104
One year from when the injury was discovered, or reasonably should have been discovered.
Medical Malpractice
Statute of Limitations Tenn. Code Ann. §§ 28-1-106 and 29-26-116
- One year from when the injury was discovered, or reasonably should have been discovered.
- Claim can be filed no more than three years after date of injury, unless discovery of foreign object is involved.
- If injured is under 18 years or mentally disabled, case may be filed within one year of removal of disability.
Wrongful Death
Statute of Limitations Tenn. Code Ann. §28-3-104
- One year.
Damages Cap
- Punitive damages are capped at two times the total amount of compensatory damages, or $500,000, whichever is greater. Tenn. Code Ann. §29-39-104
- The cap does not apply if certain specific exceptions exist, such as intentionally falsifying or concealing records. Tenn. Code Ann. §29-39-104 (a)(7)
The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.
The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.
If you believe that your loved one has been mistreated while in a nursing home, it is important that you call the authorities. You may also have grounds for a civil case and financial award, which we can help you pursue. Call our team of Tennessee nursing home injury lawyers at Pintas & Mullins Law Firm today to discuss your case.
The Common Forms of Elder Abuse
The elderly make easy prey for those who seek to abuse, neglect, and exploit, and it is important that you are aware of the common forms of elder abuse that take place in nursing homes. Your loved one could fall victim to:
- Physical abuse
- Emotional abuse
- Financial exploitation
- Confinement
- Passive neglect
- Willful deprivation of essential care
- Sexual abuse
It is unthinkable for most to consider that their loved one has been victimized through any of these forms of mistreatment. It is important to know the signs of each kind of abuse and report them to the authorities if they arise in your loved one.
Signs of Physical Abuse, Emotional Abuse, and Neglect
There are several possible indications that your loved one is being abused or neglected in their nursing home. These signs of elder abuse may include:
- The appearance of welts, cuts, bruises, and burns.
- The presence of bedsores over multiple visits.
- A disheveled appearance, such as uncombed hair or days-old clothing.
- Signs of anxiety such as recoiling to the touch and rocking back and forth.
- Apparent difficulty sleeping.
- Unexplained weight loss.
- Violent or uncharacteristic outbursts.
- Signs of depression, such as reticence or withdrawing from family and activities that they usually enjoy.
- Bleeding around the genital region.
- Broken bones and other serious injuries.
Some of these signs may happen once or twice under innocent circumstances, but their persistent presence could be a sign of a serious problem, such as abuse or neglect by caretakers or other residents. If you believe that these or other signs suggest potential mistreatment of your loved one, call law enforcement and then call a lawyer to discuss how you can proceed with civil charges.
Another form of abuse that is common among the elderly is financial abuse, for which you must also be alert.
Signs of Financial Exploitation
Some families choose to allow their loved one to have a measure of freedom in handling their own finances. Even if your loved one has access to only a modest amount of financial assets; this can make them a target for financial exploitation.
Some potential signs of financial exploitation among those living in nursing homes could include:
- Abnormally large cash withdrawals.
- Cash withdrawals that your loved one cannot explain or account for.
- Purchases at stores where your loved one does not usually shop.
- Purchases of items that your loved one does not have in their possession.
- Missing valuables, such as jewelry, cash, or anything that could be re-sold.
Do not dismiss potential signs of financial exploitation as forgetfulness, as that is what predators will assume you will do. If your loved one has been mistreated financially, you may be able to recover lost goods and additional compensation through legal avenues.
How a Lawyer Can Help in a Nursing Home Injury Case
If you have alerted law enforcement authorities and decide that you want to pursue a financial award against the nursing home, a specific staff member, a fellow resident, or some combination of parties, then one of our Tennessee nursing home injury lawyers can help.
Our team at Pintas & Mullins Law Firm wants to ensure that your loved one endures no more harm than they already have. We will aim to achieve this goal by:
- Meeting with you and your loved one to document a first-hand account of the mistreatment.
- Alert nursing home administrators to your case and request that they make staff available for questioning.
- Itemizing any stolen items and funds that we can later seek as compensation in your case.
- Speaking with any residents who have witnessed mistreatment of your loved one by staff or other residents, and documenting their accounts for use at trial.
- Reviewing any available videotape of the mistreatment and using it as evidence.
- Reviewing the histories of nursing home employees to see if the nursing home failed to properly vet staff, as this could be negligence.
- Initiating your legal case and handling all legal responsibilities from our initial meeting until the completion of a settlement or judgment.
- Ensuring that your loved one’s rights are protected throughout the legal process.
If we can prove that the nursing home failed to protect your loved one from an unreasonable risk of harm, they could be on the hook for the financial award that your loved one is entitled to.
Potential Compensation in a Nursing Home Abuse/Neglect/Exploitation Case
If you reach a settlement where the defendant admits fault, or you are awarded a judgment by a jury, you could be entitled to several forms of compensation. Each case is different, but the compensation could cover:
- The cost of your loved one’s stay in the nursing home where the mistreatment occurred.
- The value of items and financial resources stolen.
- The cost of any medical attention required because of physical abuse or neglect.
- The cost of any psychological treatment required because of emotional abuse or neglect.
- Pain and suffering endured by your loved one.
- Punitive damages against the liable parties.
For a free legal consultation, call (800) 794-0444
Do Not Wait to Call a Lawyer
It is important that you do not wait to call a lawyer once you suspect that your loved one has been mistreated in a nursing home. Statutes of limitation may limit your ability to bring legal action, so the sooner that you call, the sooner your case may proceed.
Call our team of Tennessee nursing home injury lawyers at Pintas & Mullins Law Firm today to discuss your case. You pay nothing upfront and nothing unless we win.
Call or text (800) 794-0444 or complete a Free Case Evaluation form