Knoxville Nursing Home Assault Attorney
Abuse in nursing homes has familiar red flags. Maybe you woke up one night to a phone call from a hospital informing you that your loved one was admitted due to a serious bodily injury. Or when visiting a home, you notice bruises or cuts on your loved one’s arms or legs, or they become very quiet when a staff member hovers outside the room.
At Atkins Brezina, PLLC, we realize that it can be difficult to accept a vulnerable senior is being abused by another resident or staff member. Unfortunately, it happens regularly at even the best-run homes. If you have concerns, give our Knoxville assault attorney a call so we can explain your rights.
Legal Liability for Staff Abuse
Even the smallest nursing home will employ dozens of staff members. Larger facilities have hundreds of nurses, assistants, janitors, and therapists coming in and out at all hours of the day. Any one of them could abuse a loved one.
When a staff member is abusive, there are two parties who we might sue. First, the abusive staff member is personally liable for any acts they commit. Second, the nursing home also could be liable, especially when they did not carefully screen, train, or supervise staff. Nursing home negligence is a leading cause of abuse by staff, and facilities must be accountable for failing to provide adequate care.
Legal Liability for Abuse by Other Residents
Sometimes, our loved ones are attacked by other residents. Many seniors in nursing homes are suffering from dementia and might act out aggressively. Others become temporarily violent or disorientated due to medication or illness.
Nursing homes must take resident-on-resident abuse seriously, and they have a duty to restrain anyone they suspect is dangerous. Some residents are viciously attacked, sexually assaulted, or emotionally terrorized by other residents who should be isolated from them.
Common steps a nursing home should take include:
- Identify residents at risk of being abusive
- Inform all residents of how to report abusive behavior
- Create a process for receiving and investigating allegations of abuse
- Create guidelines for how to treat and manage residents who are abusive
- Isolate abusive residents using various means (locks on doors, isolation wing, etc.)
- Supervise potentially abusive residents with sufficient staff
- Escalate incidents by calling the police, if necessary
- Remove a dangerous resident from the home, if necessary
The precise steps a nursing home should take depends on many factors, such as the size of the home and the risk of abuse. Nevertheless, what a nursing home can’t do is completely ignore abusive residents or cover up violent incidents by blaming your loved one for his or her own injuries.
Suspect Abuse in a Knoxville Nursing Home? Contact Atkins Brezina, PLLC Today
Abuse by either nursing home staff or residents is unacceptable. To learn how we can help, call our Knoxville nursing home abuse lawyer to schedule a consultation. We have the skills necessary for uncovering abuse and reporting it to the state. We can also file a lawsuit for compensation against either the staff member or nursing home, or both.
