If your loved one suffered abuse in a nursing home, it is important to know the statute of limitations that will likely govern your case. The Tennessee statute of limitations, Code § 28-3-104 (2017), for nursing home abuse and neglect cases in Tennessee is generally one year from the date you discovered the abuse.
There are exceptions to this statute, so it is critical that you contact a lawyer as soon as you suspect the abuse, neglect, or exploitation of your loved one.
The Different Types of Nursing Home Abuse
The elderly are particularly vulnerable to different forms of abuse, neglect, and exploitation, and the congregation of older adults in nursing homes can increase the odds that mistreatment will occur. It is important that you are aware of the different elder abuse facts including the different forms of abuse, neglect, and exploitation that may take place in a nursing home, as they may include:
- Emotional abuse
- Physical abuse
- Willful deprivation
- Passive negligence
- Sexual abuse
- Financial exploitation
Each of these forms of mistreatment may induce different symptoms in their victims. Keep a watchful eye and report to law enforcement if you believe someone in the facility is abusing your loved one.
Signs of Physical Abuse, Deprivation, and Neglect
Those who inflict abuse and neglect on elderly victims are counting on the possibility that their loved ones will not notice. Be sure to know the signs of abuse, willful deprivation, and passive neglect, as they may include:
- Broken bones, especially more than one in a span of months
- A disheveled appearance, such as messy hair or dirty clothes
- Withdrawal from activities that they typically enjoy
- Bedsores, especially if those that persist over the course of multiple visits
- The repeated presence of cuts, bruises, scrapes, burns, lesions, or other indicators of rough physical contact
- Signs of abuse-induced anxiety, such as flinching from your touch, rocking back and forth, or acting restless or jittery
- Uncharacteristic outbursts, especially those that are violent
- Unexplained weight loss
- Confusion, which may be a sign of trauma-induced insomnia
Do not dismiss abnormalities in your loved one’s behavior, as they could be indicators of abuse or neglect. In addition to these signs of abuse, watch for indications that someone is exploiting your loved one financially, especially if they are in control of some of their finances.
Potential Signs of Financial Exploitation of the Elderly
Allowing your loved one to manage some of his or her own finances can be a compromise that allows them to maintain a measure of independence. It may also open them up to exploitation by those who look to take advantage of them.
Potential signs that someone is financially exploiting your loved one could include:
- Purchases at stores that your loved one does not shop at
- Purchases for which your loved one does not have a corresponding item in their possession
- Purchases that your loved one does not remember making
- Unexplained cash withdrawals
- Changes to details on financial accounts, such as a phone number or address
- Lost or missing valuables, such as cash or jewelry
Those who seek to take advantage of others consider the elderly an easy target for financial gain. If you suspect criminal activity with respect to your loved one’s finances, call law enforcement, and then call a lawyer who can help you recover the stolen assets.
How a Lawyer Can Help in a Nursing Home Abuse Case
Once you have alerted the proper authorities of your suspicions, call a lawyer to begin your civil case. Our team wants to ensure that your loved one suffers no additional harm, and we will aim to assist you by:
- Meeting with you and your loved one and documenting your accounts of abuse, neglect, or exploitation
- Documenting any evidence of mistreatments or visible injuries
- Initiating legal proceedings as soon as possible to ensure that we abide by any relevant statute of limitations for nursing home abuse in Tennessee
- Alerting the nursing home to pending legal action and requesting cooperation in interviewing administrators, staff, and residents
- Interviewing the above parties and documenting witnesses and perpetrator accounts of abuse, neglect, or exploitation
- Handling all legal responsibilities from start to finish
- Protecting your loved one’s rights throughout the legal process
If we prove negligence or reach a settlement, your loved one could receive compensation for their losses.
For a free legal consultation with a Statute of Limitations Lawyer serving Tennessee, call (800) 794-0444
Potential Financial Awards in a Nursing Home Abuse Case
Each nursing home abuse or neglect claim is different, but awards offered in these sorts of cases may cover:
- The cost of your loved one’s stay in the nursing home where mistreatment occurred
- The cost of any medical care required because of abuse or neglect
- The value of financial assets or items stolen while your loved one lived in the nursing home
- Pain and suffering inflicted on your loved one
- Punitive damages against the nursing home or another liable party
Do Not Wait to Call a Lawyer
We want to ensure that your case falls within the one-year statute of limitations that applies to most nursing home abuse claims in Tennessee. The sooner we hear from you, the sooner we can begin legal proceedings. You pay nothing upfront, nothing out of pocket, and nothing unless we win.
Call our team at Pintas & Mullins Law Firm today to discuss your case.