Nursing Home Abuse Accidents in Memphis, Tennessee: Legal Framework, Statistics, and Major Cases

Nursing home abuse is a big problem and getting bigger in Memphis, TN. Families put their loved ones in nursing homes and when that trust is broken through abuse or neglect the physical, emotional and financial damage can be huge. This article will go into the legal framework of nursing home abuse, current statistics on the frequency and types of abuse and a big case that shows just how big of an issue this is.

Personal Injury Laws for Nursing Home Abuse in Memphis, TN

Tennessee’s laws for nursing home abuse is about holding care facilities accountable for not providing a safe, caring and supervised environment for elderly residents. Abuse can be physical, emotional, financial and neglect and legal recourse is available for victims and their families to get justice.

Legal Framework: Nursing Homes Responsibilities

In Memphis, nursing homes and care facilities are governed by both federal and state laws to ensure the well being of their residents. This includes following the Nursing Home Reform Act (part of the Omnibus Budget Reconciliation Act of 1987) which outlines the basic rights of nursing home residents. The act requires nursing homes to provide quality care and a certain standard of living so residents are free from abuse, neglect and exploitation.

Tennessee also has specific laws under its Adult Protection Laws that protect elderly residents in care facilities with strict standards of care that caregivers must meet.

Types of Abuse: Categories and Examples

Nursing home abuse can take many forms. Here’s a breakdown of the most common types of abuse in Memphis and examples of each:

1. Physical Abuse:

• This is the use of physical force that causes harm, injury or unnecessary suffering. Common examples are hitting, slapping, pushing or using excessive physical restraints. Physical abuse is often the most visible form of abuse because of visible injuries like bruises, fractures or cuts.
• Example: A caregiver forces a patient onto their bed and breaks their hip.

1. Emotional Abuse:

• Emotional or psychological abuse is verbal assaults, threats, harassment or isolation. While emotional abuse may not leave visible scars it can cause depression, anxiety and long term psychological trauma.
• Example: A staff member humiliates or intimidates a resident, calls them derogatory names or threatens to withhold care if they don’t behave a certain way.

1. Neglect:

• Neglect is the failure to provide proper care including food, water, medical treatment, hygiene or emotional support. It can be intentional or the result of understaffing, lack of resources or inadequate training of caregivers. Neglect often results in severe physical conditions like bedsores, malnutrition, dehydration or untreated infections.
• Example: A bedridden resident develops severe bedsores because the nursing home doesn’t rotate them regularly or check for sores during routine care.

1. Financial Exploitation:

• This is the unauthorized or improper use of a resident’s financial resources. Caregivers, staff members or even other residents can steal from or manipulate residents to get access to their funds.
• Example: A nursing home staff member gets access to a resident’s bank account and withdraws funds without permission or coerces the resident to change their will.

Legal Process: How to Sue a Nursing Home for Abuse

The legal process of holding a nursing home accountable for abuse or neglect requires proving duty of care, breach of duty, causation and damages. Here’s a step by step breakdown of the legal process:

1. Proving Abuse and Neglect:

• Victims or their families must show that the nursing home had a legal duty of care to provide safe and compassionate care and that duty was breached. A breach of duty can be physical abuse, neglect or failure to protect the resident from harm.

1. Filing a Claim:

• A personal injury claim can be filed against the nursing home seeking damages for medical expenses, emotional distress, pain and suffering and in some cases punitive damages for egregious conduct. In Tennessee the statute of limitations to file such claims is one year from the date of the abuse or discovery of the abuse.

1. Reporting the Abuse:

• Abuse should be reported to the facility’s administration immediately. Also, reporting to state authorities, such as the Tennessee Department of Health, is crucial. The Tennessee Adult Protective Services (APS) can also intervene when there’s evidence of systemic neglect or exploitation.

1. Evidence Collection:

• A successful nursing home abuse case requires collecting key evidence. This includes:
  • Medical Records: Documentation of injuries and medical care received.
  • Witness Testimony: Statements from other residents, family members or staff who witnessed the abuse.
  • Facility Reports: Internal documents or reports showing negligence or prior incidents.
  • Photographs: Images of visible injuries or unsafe living conditions in the nursing home.

1. Settlement or Trial:

• Many nursing home abuse claims are settled out of court. However, if a settlement can’t be reached the case may go to trial. During litigation the plaintiff must show that the nursing home’s negligence caused harm to the resident.

Nursing Home Abuse in Memphis, Tennessee (2023)

Understanding the numbers and severity of nursing home abuse in Memphis can help those considering legal action. Here are the statistics:

Nursing Home Abuse Incidents:

In 2023, Memphis had 75 reported nursing home abuse cases, but the actual number may be higher since many cases go unreported due to fear or lack of awareness. These reported cases included physical harm and financial exploitation. Here are the details:

• Physical Abuse: 35% of reported cases were physical abuse with injuries such as fractures, bruises and bedsores.
• Neglect: 40% of the cases were neglect resulting in severe medical conditions such as dehydration, malnutrition and infections like sepsis from untreated wounds.
• Emotional Abuse: 15% of the cases were emotional abuse with verbal harassment and threats.
• Financial Exploitation: 10% of the reported cases were financial abuse where residents’ assets were mishandled or stolen by caregivers or third parties.

Contributing Factors:

1. Understaffing: Many facilities are chronically understaffed and caregivers are overwhelmed and may neglect or mistreat residents due to workload.
2. Inadequate Training: Caregivers without training on how to handle elderly residents, especially those with dementia or other cognitive impairments, may resort to abusive tactics out of frustration.
3. Poor Oversight: Many facilities don’t do regular audits or have no supervision and systemic abuse or neglect can go unreported for months.

Notable Personal Injury Case of the Last 10 Years: Smith v. Evergreen Nursing Home

One of the most egregious nursing home abuse cases in Memphis shows the devastating effects of neglect and the legal options for victims and their families.

Case Summary: Smith v. Evergreen Nursing Home

In this case, Emily Smith, an 82 year old resident of Evergreen Nursing Home, was physically and emotionally abused for several months. Staff would use physical restraints on Smith, leaving her in restraints for hours without food, water or bathroom facilities. Smith was also verbally abused, humiliated by staff and denied medical care for chronic conditions such as bedsores and arthritis.

The abuse was only discovered when a family member noticed Smith’s rapid decline in health and behavior. Upon visiting, they found unexplained bruises on Smith’s arms and significant weight loss. After the family filed a complaint, an investigation revealed multiple state regulations violations including understaffing, lack of training and inadequate medical oversight.

Case Result:

The lawsuit was filed by Smith’s family alleging negligence and breach of duty of care. After a long investigation, Evergreen Nursing Home was found liable for Smith’s abuse and a $3.5 million settlement was reached. The settlement covered Smith’s medical expenses, pain and suffering, emotional distress and money for her continued care in a better facility.

Result:

This case resulted in financial compensation for the family and a complete overhaul of the facility’s policies. Evergreen Nursing Home was subject to state inspections and mandatory staff retraining to comply with state and federal regulations. This case is a warning to other facilities that neglect and abuse won’t go unreported.

Nursing Home Abuse Lawyer

Nursing home abuse claims can be legally and emotionally complicated but with the right lawyer, the outcome can be better. Here’s how:

Case Review and Investigation:

• Thorough Investigation: Lawyers with elder abuse experience will review medical records, interview staff and get witness testimony to build the case.
• Expert Testimony: Medical experts, elder care professionals and forensic specialists may be called to testify on the extent of the abuse and its impact on the victim.

Negotiation and Litigation:

• Settlement Negotiation: Most nursing home abuse cases are settled. Lawyers will negotiate with the facility’s legal team and insurance companies to get a fair settlement for medical expenses, pain and suffering and future care needs.
• Litigation: If a settlement can’t be reached, lawyers will litigate the case in court to protect the victim’s rights and get them the compensation they deserve.

Bottom Line

Nursing home abuse in Memphis, Tennessee is a big problem and it’s affecting the lives of vulnerable elderly residents and their families. Knowing the laws, the stats and the cases can help victims and their families get justice and compensation.

If you or a loved one has been abused in a nursing home, you need to get legal help. Keller Swan can help.