Physical Neglect

Nursing home neglect is a type of harm to a nursing home resident that involves poor care or a breach of duty. Usually, it is not an intentional harm like an instance of abuse. However, it can have long-term effects, particularly since elderly people are often more vulnerable and take longer to heal from physical harm. A nursing home can be held accountable for neglect that causes injuries to a resident. Knoxville nursing home negligence attorney Mark Hartsoe is ready to bring a lawsuit for compensation on behalf of your loved one or you.

There are several different types of physical neglect. These include medical neglect, emotional neglect, personal hygiene neglect, and neglect of basic needs like nourishment and hydration. When a nursing facility fails to attend to bedsores or diabetes, for example, this is physical neglect. When a nursing facility does not provide a resident with sufficient water, food, or medical care to meet their needs, this is neglect of basic needs. Nursing home residents who are not given enough assistance when brushing their teeth, bathing, or taking care of other personal hygiene activities suffer neglect of personal hygiene.

Sometimes it is challenging for family members to realize that there has been physical neglect. It is important to be alert for signs such as behavioral changes, malnutrition, frequent infections, bedsores, rapid weight loss, falls, elopement, suffocation in a malfunctioning bed, and changes in personal hygiene. It is crucial for residents who are at higher risk for falling and injuries from falling to receive more monitoring. Some forms of nursing home neglect are apparent, while others are subtler. It is necessary to alert authorities to nursing home neglect.

Nursing home staff members should be careful to watch residents for medical or health concerns that develop. They should also be paying close attention to the nursing facility environment. If you visit a family member at a nursing home, you should observe the conditions in which he or she lives, including any changes in the resident's behavior. If you see problems, you should notify the nursing home.

When physical neglect causes harm, it may be possible for an injury lawyer to bring a civil lawsuit for damages against the nursing home. Nursing home residents are entitled to have their legal rights honored by the nursing home, and this includes proper meals, hydration, a nursing service that is available 24 hours a day, an available physician and dentist, and more. Under the Tennessee Adult Protection Act, T.C.A. section 71-6-101, when a covered adult is neglected, you can bring a civil lawsuit for compensatory damages and sometimes punitive damages as well. Victims must be covered adults, meaning someone 18 years old or older who is unable to manage his or her own situations due to mental or physical impairment or advanced age.

Proof of violations of Tennessee nursing home regulations can be relevant to determining whether a nursing home has breached the standard of care with regard to routine care. Often, there are violations of the standard of care with regard to routine care as well as professional medical care in the same case. It can be necessary to retain an expert to testify as to the professional standard of care and whether it was violated, especially if the claim appears to incorporate a medical malpractice theory.

If you or a loved one suffered injuries due to physical neglect in a nursing home, you should contact an experienced East Tennessee attorney. Mark Hartsoe can advise you on whether it is appropriate to bring a claim, and he can represent you in any lawsuit that follows. Call the Hartsoe Law Firm at 865-804-1011 or contact us through our online form. We also represent 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.