Nursing home abuse continues to be a significant cause for concern across Memphis and the nation. Thankfully, there are multiple ways victims and their families can demand justice.
Have you or someone you love been physically abused in an assisted living facility? Do not hesitate to contact a reputable Memphis nursing home physical abuse lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC for help ensuring your abuser and other liable parties are held accountable. Contact our office for a free, no-obligation consultation today to learn what to expect when you decide to proceed with your nursing home abuse complaint.
Defining Physical Abuse in Nursing Homes
When nursing home residents are physically mistreated or neglected, their healthcare providers can be found liable for physical abuse. Your nursing home physical abuse lawyer in Memphis, TN, at Gatti, Keltner, Bienvenu & Montesi, PLC, will need to gather the evidence to prove that your loved one’s health care team failed to take the necessary steps to prevent the abuse from occurring.
Although many assume that physical abuse is hitting, kicking, punching, spitting, scratching, or any other type of physical violence, physical abuse can also include neglect. Here, your loved one may not receive the necessary medication, enough food or water, or be denied basic hygiene. This leads to malnourishment, dehydration, in the development of bedsores.
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Signs of Nursing Home Physical Abuse in Memphis
You should be aware of some signs when you suspect your loved one is being mistreated in their assisted living facility. Your nursing home physical abuse attorney in Memphis, TN, may need to speak with your loved ones to determine whether you have grounds for a claim.
Remember, in situations like these, it is normal for victims to be hesitant to talk about the abuse they are experiencing. It should be noted that exhibiting simply one of the following symptoms may not necessarily indicate nursing home physical abuse, but exhibiting several of the following symptoms may:
- Unexplained welts or bruising
- Unexplained broken bones or burn injuries
- Anxiety and depression
- Social isolation
- Behavioral changes
- Self-harm or substance abuse
- Being visibly afraid of their healthcare providers
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How to Take Action When You Suspect Physical Abuse in a Memphis Nursing Home
You can take action against those abusing or mistreating your family member in several ways. These options could include the following:
Report Complaints to Law Enforcement
First and foremost, when you suspect physical abuse, be sure to notify the Memphis Police Department and the Tennessee State Police.
Physical abuse is a crime and can be prosecuted in criminal court. Not only could your loved one’s abuser face civil liability, but they could also face jail time, fines, and other criminal penalties if convicted.
Other Agencies to Notify
You should notify several other local agencies when you suspect nursing home abuse and neglect. This way, they can conduct an investigation that will provide valuable evidence to support your case.
However, another benefit is that their investigation may uncover other instances of abuse or neglect, which could help protect future nursing home residents from the same types of abuse your loved one sustained. These agencies include:
- Tennessee Adult Protective Services
- The Tennessee Department of Health, Division of Health Care Facilities
- The Tennessee Domestic Violence Hotline
File a Medical Malpractice Insurance Claim
After reporting your complaint to the necessary government agencies, you may have the option of filing a medical malpractice insurance claim. Since physical abuse is considered a violation of the healthcare provider’s duty of care, the insurance company may be required to compensate your family member for their physical abuse.
However, do not rely on your medical malpractice insurance settlement to cover everything. It may cover certain economic losses, including your loved one’s medical care and the cost of relocating to a new nursing home facility, but that may be it. To recover any financial losses, including money stolen through financial abuse, and emotional distress, you may need to prepare to explore other options.
File a Lawsuit Against the Liable Parties
Your nursing home physical abuse lawyer will help you pursue your civil claim against the individual who abused your loved one, the nursing home facility, the nursing home facility’s parent company, and any other parties who contributed to or facilitated the physical abuse your family member suffered.
Our firm will gather the evidence needed to prove the defendant’s liability and negligence so your family member can access the financial compensation they need to get through these difficult times and move forward with their life.
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Types of Recoverable Damages in a Nursing Home Abuse Case
One of your Memphis nursing home physical abuse attorney’s most important responsibilities is calculating the value of your damages. You could recover two primary types of damages when your loved one has suffered nursing home physical abuse or neglect. These include compensatory damages and punitive damages.
Compensatory damages describe the losses you have the right to recover after nursing home abuse. These might include:
- Costs of moving your family member to a safe nursing home facility
- Your family member’s medical expenses
- Money stolen from your family member through invalid debit or credit card transactions, changes to your family member’s financial power of attorney, or Social Security disability payments
- The emotional distress your family member suffered due to the physical abuse the indoor
- Your family member’s reduced quality of life
- Feelings of apprehension, anticipation, shock, fear, and shame
Punitive damages are another type of compensation you could win in your nursing home physical abuse complaint. Punitive damages are only awarded when the court system determines the liable party’s conduct is abhorrent or reprehensible. Punitive damages are not designed to repay the victim but to punish the defendant for their egregious conduct.
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Get Help from a Nursing Home Physical Abuse Lawyer in Memphis Today
When you discover your loved one has been physically abused in their nursing home, you may be anxious to get them to safety and ensure the liable parties are held accountable to the fullest extent of the law.
You have a chance to recover compensation for your damages and protect other nursing home residents. Get help from a Memphis nursing home physical abuse lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC today when you call our office or fill out our convenient contact form to schedule your free case review.