Nashville nursing home abuse lawyers

Nashville Nursing Home Abuse Attorneys

Fighting back against nursing home abuse & neglect in Nashville, Hendersonville, and Clarksville

To the attorneys at Rocky McElhaney Law Firm, there is no more despicable act than nursing home abuse. We take allegations of abuse extremely seriously. We make it our mission to ensure the elderly are given the respect and protection they deserve.

If you suspect that a Tennessee nursing home has been abusing or neglecting a family member or loved one, talk to our Nashville nursing home abuse attorneys today. Let Rocky McElhaney teach that nursing home a legal lesson its administrators will not soon forget. Get in touch with our nursing home neglect and abuse attorneys today to find out how we can help you and your loved one secure justice for the harm and suffering your family has endured.

 

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Answers to Your Questions

"When I was a teenager, Dad got hurt. Insurance company wouldn't pay. We lost our house. But, Dad got a lawyer and we got justice. That's the moment I decided to become an attorney. As a lawyer, I have dedicated my life to helping injury victims."

~ Rocky

What is elder abuse?

Elder abuse has many faces. Elder abuse can involve intimidation; threats against the elderly or their families; neglect; or financial deceit.

Please keep in mind that even just one incident involving any of these types of abuse is too much.  A person becomes an elder abuser the moment they make the decision to inflict any of these types of abuse on an elderly person.

What are the signs of nursing home abuse?

If you have a loved one living in a nursing home, you need to be on the lookout for signs of abuse. Seniors are often too proud, afraid, or scared to let you know that they are suffering. Knowing what to look for can save them from injury, sickness, or even death.

  • Abuse from facility staff / employees. Nursing homes, community care facilities, high-functioning assisted living facilities, retirement communities, elder group homes, and group homes for persons with disabilities need to have a stringent zero-tolerance policy for employees who commit abuse. They must also have a plan of action involving lawfully reporting and recording any incidents of abuse that occur.  While elder abuse crimes are usually committed by employees of nursing homes and assisted living facilities, and even more commonly by members of the elder’s own family, there are many cases where elder abuse is committed by other patients or residents of these facilities.
  • Elder abuse from another patient. Just as with facility employees, the nursing home and assisted-living facilities should have a zero-tolerance policy for this type of behavior, regardless of whether the abuser is aware of their behavior or not.  There should be a method of reporting and documenting incidents of abuse which may involve contacting authorities, separation of the residents, removal of the abuser from the community, prosecution of the abuser, and future medical and emotional therapy and support for the victims provided by the facility.

If the facility or its staff fails to report this kind of abuse, they could have their license revoked and be shut down, as well as held liable for negligence and injuries in a Nashville elder abuse lawsuit.

What are the most common types of nursing home abuse?

Unfortunately, there are many types of elder and nursing home abuse. The most common kinds of nursing home negligence we see here at Rocky McElhaney Law Firm include:

  • Emotional elder abuse and elder neglect:Characterized both by verbal and psychological abuse involving the abuser using yelling, threatening, terrorizing, ridiculing, or humiliating an elder or continually placing blame on the elder or repeatedly making them a scapegoat. It can also involve the abuser ignoring the elderly person, committing elder neglect (failing to fulfill care-taking duties), or isolating the elderly person from friends, family, or activities, all of which may cause secondary physical and emotional injuries.
  • Physical elder abuse:Characterized by non-accidental use of force against an elderly person that results in physical pain, injury, or impairment. Such abuse includes not only physical assaults, such as hitting or shoving, but the inappropriate use of drugs, restraints, or confinement.
  • Sexual abuse:Characterized by any sexual or unwanted sexual contact by an abuser without the person’s consent. Such contact can involve physical sex acts, showing an elderly person pornographic material, forcing the person to watch sex acts, or forcing the elder to undress.
  • Financial exploitation:Characterized by the unauthorized use of an elderly person’s funds or property, either by a caregiver or an outside scam artist. Financial exploitation of an elder could involve incidents where the abuser misuses an elder’s personal checks, credit cards, or accounts; steals cash, income checks, or household goods; forges the elder’s signature; engages in identity theft crimes using the elder’s identity and personal information; takes advantage of an elder through investment fraud; promises phony prizes, rewards for money, or donation to fraudulent charities; or finally, commits healthcare fraud.
  • Healthcare fraud: This is also considered abuse, as it could cause injury to the person on the receiving end. Healthcare fraud can involve, but is not limited to, charging an elder’s insurance for services, procedures, or care they didn’t receive; altering diagnoses or other patient information in order to reach a particular favorable outcome for the person/facility committing the fraud; over or under medicating; and/or receiving kickbacks for referrals to other providers for prescribing certain drugs.

Learn More: Abuse of Tennessee Nursing Home Residents with Dementia

What are common injuries resulting from Nashville nursing home abuse?

Nursing home abuse most commonly takes the form of physical injury. If your family member or loved one has suffered an injury, be sure to ask them how it occurred, and re-assure them that you are only looking out for their best interest.

Common physical injuries include:

Nursing Home Abuse and Neglect

However, some physical injuries can be much less obvious to you, like rape and medication overdoses. Talk regularly to your loved ones to make sure that they are receiving proper care.

Perhaps the worst form of nursing home abuse is the infliction of emotional and mental trauma. Nursing home workers often take their aggression out on residents verbally, screaming at them in a degrading and belittling manner. If you notice a change in a loved one's behavior, such as frequent crying or trembling; agitation; fear; or anxiety, contact Rocky McElhaney Law Firm. We will investigate your case. We can help.

What is nursing home neglect?

Nursing home negligence can also happen in the form of neglect. Nursing homes have become notorious for neglecting their residents' needs and depriving them of proper food, water, clothing, and bedding. In addition, many seniors require assistance in performing daily activities like eating, bathing, and getting dressed. If they do not receive the assistance they need, their mental and physical health may be affected in serious and negative ways.

Common instances of neglect include:

  • Dehydration
  • Malnourishment
  • Soiled clothes and bedding
  • Poor hygiene and appearance

What rights do residents have in Nashville nursing homes?

Nursing homes have a legal obligation to provide a safe environment for their residents. There are federal laws that protect the rights of the elderly and dependent adults. When these laws are violated, the perpetrators may be held accountable for their actions.

Aside from the basic dignity and respect that should be afforded to any human being, nursing home residents enjoy specific rights and protections under federal law. These rights include, but are not limited to, the following:

  • The right to be treated with dignity and respect.
  • The right to privacy, and to keep and use your personal belongings and property as long as it doesn’t interfere with the rights, health, or safety of others.
  • The right to have a choice over your schedule (for example, when you get up and go to sleep), your activities, and other preferences that are important to you.

Do you have a nursing home abuse attorney near me?

Rocky McElhaney Law Firm has two offices in Nashville: one at 545 Mainstream Dr., Suite 105 and one at 615 Main Street, B21. We also have state-of-the-art offices in Hendersonville and Clarksville. If you are too injured or ill to come to our offices, we can make home and hospital visits. We also offer phone or video consultations.

Our Nashville nursing home abuse attorneys fight for you

Our Nashville nursing home abuse attorneys have the experience and skill to get you and your family the results you deserve. Call Rocky at 615-425-2500 or fill out our contact form to schedule a free initial consultation. From our offices in Nashville, Hendersonville, and Clarksville, Rocky McElhaney Law Firm represents clients throughout the state of Tennessee.