Inadequate Elderly Supervision

If there are not enough staff, or the employees of an East Tennessee nursing home are improperly trained, there may be inadequate elderly supervision. This can result in a resident wandering away or falling. An incapacitated elderly resident also may not be turned frequently enough. A lack of adequate supervision can result in problems with hygiene and subsequent infections. A resident can suffer serious injuries as a result, including falls, bone fractures, bedsores, malnutrition, improper medication, third-party attacks, physical abuse, or even a wrongful death. At the Hartsoe Law Firm, P.C., Knoxville nursing home negligence lawyer Mark Hartsoe may be able to help a resident or family member recover damages arising out of inadequate elderly supervision.

Nursing staff need to provide adequate supervision of residents under both state and federal laws. The contract that a nursing home resident signs may also include an express promise that the nursing home will provide adequate supervision.

Nursing home residents can suffer serious harm as a result of a facility's failure to provide adequate supervision. For example, residents who are left unsupervised could suffer serious injuries from falling out of their beds or wheelchairs. They could suffer physical or sexual abuse by other residents. Residents may wander away, or even off the grounds of the facility, and walk into traffic or experience a slip and fall on ice or on cracked cement. The facility should have protocols in place to ensure that all residents are being monitored and treated in accordance with legal and contractual requirements.

One aspect of adequate supervision is developing an appropriate patient plan for every resident so that each has adequate supervision. For example, it may be necessary to use restraints on a resident who develops dementia and violent tendencies in order to prevent that resident from attacking other people. Failing to do so may constitute inadequate supervision, even though other patients may not need restraints. If a loved one who was a resident in a home was attacked by another resident in the home due to a failure to supervise, it may be possible for your injury attorney to recover compensatory and punitive damages from the nursing home for its failure to supervise appropriately.

It may be possible to bring a civil lawsuit under the Tennessee Adult Protection Act, which provides remedies for covered adults who are neglected or abused. Under this law, it may be possible to recover compensatory and even, in cases of egregious conduct, punitive damages. Adults covered by the Act include people who are 18 or older who are unable to manage their own resources, carry out daily living tasks, or protect themselves from neglect, abuse, and danger due to mental or physical dysfunction.

Most nursing home negligence lawsuits are treated as health care liability actions. In addition to proving negligence or another theory of liability, your lawyer will also need to consult with a medical expert who is able to show that the nursing home's actions or omissions fell below the standard of care and that there is a good-faith basis for a lawsuit.

Compensatory damages can vary significantly depending on the nature of the injuries suffered as a result of the inadequate supervision. When bedsores develop, for example, the severity of the bedsores would determine the medical treatment, and the medical treatment would determine the medical bills. If a patient fell due to inadequate supervision and fractured her ankle, this might necessitate medical treatment and physical therapy, as well as the use of a wheelchair or other medical equipment. In many cases, elderly people take longer to heal and recover from a serious injury or health problem. The jury can award any non-speculative damages to compensate for the economic and noneconomic losses arising from bedsores or other injuries sustained.

If you believe that inadequate elderly supervision may have led to a loved one’s injuries or death, you should consult an experienced nursing home abuse attorney. Call the Hartsoe Law Firm in Knoxville at 865-804-1011 or contact us online. We represent injured people in Clinton, Oak Ridge, Alcoa, Louisville, Maryville, LaFollette, Tazewell, Newport, Crossville, Jamestown, Rutledge, Greeneville, Morristown, Chattanooga, Dandridge, Jefferson City, Strawberry Plains, Madisonville, Lenoir City, Loudon, Athens, and other communities in Anderson, Blount, Campbell, Claiborne, Cocke, Cumberland, Fentress, Grainger, Greene, Hamblen, Hamilton, Jefferson, Knox, Monroe, Loudon, McMinn, and Bradley Counties.