Factors of Tennessee Nursing Home Liability
The duty of a nursing home is to provide a safe and healthy environment for any resident of that nursing home. It does not make a difference whether the abuse comes from the staff or from other residents, their duty is the same, and liability is established as such. If the nursing home breaches that duty, they could be responsible for any damages caused by it.
There are many factors involved when determining liability in a Tennessee nursing home abuse case. If your loved one has been involved in such a case, it is pertinent that you contact an attorney immediately to begin the legal process.
Sources of Abuse
Liability is the same no matter if the abuse is coming from the staff or other residents. However, the nursing home has to deal with those elements differently. If the nursing home has an employee that is abusive, either physically or mentally, they are going to proceed with firing that person or calling the police.
If it is coming from another resident, the nursing home will have to protect everyone else in the home, so they would need to come up with a care plan to put that other patient in an area where they cannot harm the other residents.
Meeting the Standard of Duty
The nursing home has to make sure that they meet a standard of duty from the staff’s standpoint. The facility is going to want to make sure that when they hire a person, they know what kind of training they have received, what kind of reviews they have received from former employers, and know if they have any type of criminal record or if they have ever hurt anybody else.
The facility is going to want to know similar things about their patients. They will inquire about whether they can interact well with the other residents, if the facility needs to keep an extra eye on them, or if the patient needs to be kept in a place where they will not harm others. All of these are considered as factors that may arise in a Tennessee nursing home liability case.
Proceeding with an Abuse Case
An individual will have to examine many different elements to see if someone was either physically or mentally abused when determining the liability in a Tennessee nursing home abuse case. An individual will want to get the abused individual out of that home if it is a dangerous environment.
In doing so, the relative of the loved one could talk to the administrator or director of nursing and ask them what is going on, why it is going on, what can be done to prevent it from happening, and if needed, an individual can talk to a nursing home neglect lawyer or a nursing home malpractice lawyer. Further, the individual can call the police or the Tennessee Department of Health if needed, and if they think a criminal act has happened. It is crucial that any individual who suspects their loved one may be either mentally or physically abused in a nursing home contact an attorney immediately to begin examining the factors of Tennessee nursing home abuse cases to determine liability.
Nursing Home Law FAQ: What Are Your Legal Options?
If you suspect abuse or neglect in a nursing home, your allegations should be reported to the right agencies. It will be up to these agencies to report the matter and resolve it. In the event that the agency does not correct the situation, or the facility continues to practice the wrongful acts, legal recourse might be an option.
If you are unsure about whether or not you should retain a nursing home lawyer in Tennessee, you are invited to call The Higgins Firm. We can listen to your case and help you to determine the right course of action.
By inquiring into your legal options, you might also gain an understanding about whether any of the following should also be considered:
- Filing for a restraining order against the accused parties
- Pursuing legal charges and the prosecution of the accused parties
- Filing a separate lawsuit to recover any stolen items/assets
- Annulling a fake marriage
- Filing for court appointed guardianship
Nursing home abuse cases can be rife with challenges and hurdles to overcome. They should not be pursued without an experienced Tennessee nursing home lawyer. Finally, there are strict statutes of limitations that must be adhered to. This means you should not wait to take legal action.
Call The Higgins Firm now for a consultation.
Author Bio
Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.
Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.
