8/4/2019 MG Blog 093011 Revised
1/1
TN Lawmakers Give Negligent Nursing Homes a Break, Even in Cases
of Wrongful Death
The elderly in Tennessee are incredibly vulnerable to abuse. In
many cases, a victim lives with a
family member who controls access to the outside world, in
addition to his or her finances, meals, and
medication. About two-thirds of elder abuse perpetrators are, in
fact, family members. But
institutionalized abuse-- physical violence, verbal abuse, or
neglect at the hands of staff in a long-termcare facility-- is a
critical issue among Tennessee nursing homes.
Sadly, according to the Tennessee Commission on Aging and
Disability, only one in 23 cases of
elder abuse is reported. What's worse, Tennessee's nursing home
industry has come under scrutiny in
U.S. Government Accountability Office (GAO) audits for its
handling of elder abuse reports. The GAO
report issued in April indicates that Tennessee nursing homes
failed in three key areas: prioritizing
complaints; performing timely investigations of complaints in
which patients were in immediate
jeopardy; and performing timely investigations of complaints
when a patient had endured actual harm.
When reports of elder abuse and nursing home negligence are
filed, it is often too late. A
patient at a Lebanon nursing home was rushed to a local hospital
and pronounced dead in March-- but
only after staff failed on multiple occasions to take proper
action after alarming test results showed a
critically high potassium level. An inspection of a Madison
nursing facility found patients with pressure
sores (bedsores) that had not been detected or treated until
they had reached an advanced (and, in
some cases, life-threatening) stage. In another case, a patient
who needed assistance feeding himself
was brought his tray, received no help, and then was made to
watch the full tray be taken away. At a
Cleveland nursing home, a woman admitted for a brief period of
in-patient rehabilitation died from
dehydration and malnutrition before she could be released after
30 days.
The current state of the nursing home industry in Tennessee
seems horrific enough already--
and based on a recent review of laws, inspection reports, and
lawsuits conducted by The Tennessean,the possibility of justice for
elderly victims and their families after devastating instances of
nursing home
negligence or abuse may be eliminated altogether. A recent tort
reform bill included a key nursing
home provision that will make claims against nursing homes even
more difficult to prosecute. All claims
against nursing homes will be placed "under the strict limits of
medical malpractice law," The
Tennessean reports, "eliminating separate claims for negligence
and requiring plaintiffs to provide
certification that the care provided did not meet local
standards." Punitive damages are limited to
$500,000 or two times the pain and suffering claims. Claims
filed under a protection from abuse will be
blocked.
Personal injury and wrongful death litigation related to the
nursing home industry is moredifficult than ever-- elderly victims
of nursing home abuse or neglect and their families need a
lawyer
with expertise in Tennessee nursing home negligence cases.
Attorney Mitch Grissim has practiced
personal injury and wrongful death litigation in Nashville for
over 27 years. As a Certified Specialist in
Civil Trial Advocacy, he has helped thousands of clients recover
the compensation they deserve after
enduring horrendous treatment or suffering the tragedy of a
loved one's wrongful death. For free legal
advice, call today at (615) 620 - 7207 or (888) 203 - 8857. You
can also contact us online by clicking
here.
