Tennessee Law Regarding Nursing Home Abuse
Cases involving nursing home abuse are often incredibly difficult to deal with on behalf of both the alleged individual that is suffering, and the family of that individual. The legal process can be complex, and the allegations that arise can be quite disturbing.
Because of this, Tennessee law has very strict regulations as to how a resident should be treated when at a nursing home. These statutes are in place to enforce the proper treatment of those in nursing homes, and the rights that those individuals have. Tennessee law regarding nursing home abuse is complex, and any person who believes that they or a loved one has suffered from nursing home abuse should contact an attorney immediately. A seasoned lawyer will be able to build a case to help maximize any damages you may deserve.
The Jury’s Role in Nursing Home Abuse Cases
Nursing home abuse falls under the Tennessee Healthcare Liability Act. What this act dictates is that when there is any care given that is below the standard of care, then it is considered abuse or neglect. The jury, however, will want to know if the resident or elderly patient who demanded the care was mistreated. They will want to know if the individual did not receive care that a normal human being should have gotten, and if they were treated with the appropriate amount of respect. Finally, The jury will want to know, essentially, if there was mistreatment of somebody who is dependent on the nursing home.
Rights of a Nursing Home Resident
In Tennessee, there is a nursing home resident bill of rights. This bill of rights allows nursing home residents, the elderly people inside a nursing home, or other dependents in the facility the right to voice any complaints they may have about the care they are receiving.
Nursing home residents are always allowed to exercise their rights. They are to be free from any type of physical or mental abuse, and any type of physical or chemical restraint. In many situations, chemical restraints can be just as harmful as physical restraints, and it can sometimes happen that somebody is overmedicated when they should not be.
Beyond those rights, residents are also entitled to:
- Dictate that they are allowed to associate and have conversations with whoever they would like
- Be free to participate in social and religious community activities
- Be informed of their medical condition
- Look at their medical records
- Participate in their own plan of care
- Make their own medical decisions, if they are still in their right mind
- Manage their own personal affairs
- Keep personal belongings in their rooms as the space permit
- Share a room with their spouse
Contacting an Attorney
These rights and more are all specified in the main bill of rights. In addition, there is also the Tennessee Adult Protection Act that creates a right of recovery for residents, any elderly person, or any adult who has been used, abused, or neglected. Tennessee law regarding nursing home abuse is incredibly detailed, and should be honored by all facilities in the state. If you believe a loved one has suffered due to nursing home abuse, it is pertinent that you contact an attorney immediately.
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.
