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Midsouth Attorneys > LegalEase Episode List > Memphis attorney Vincent Perryman discusses Nursing Home Abuse and Neglect with Russell Lewis

Memphis attorney Vincent Perryman discusses Nursing Home Abuse and Neglect with Russell Lewis

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Memphis attorney Vincent Perryman discusses Nursing Home Abuse and Neglect with Russell Lewis Part 1

Memphis attorney Vincent Perryman discusses Nursing Home Abuse and Neglect with Russell Lewis, the role nursing homes play in society, and how to spot nursing home abuse in Memphis. Nursing homes are places where people can reside that require a higher level of care than they can receive at home. People generally go to nursing homes when they require assistance with their activities of daily living in Memphis. It is hard to maintain a residence when they need constant attention. Nursing homes have the resources to provide constant care to these individuals. Nursing home neglect can be a wide range of things.

Nursing home abuse and neglect in Memphis encompasses any and every way someone residing in a nursing home is either mistreated or not treated in a manner that they should be treated. So it would be if the nursing home didn't meet their duty of care. Laws and regulations created by the state of Tennessee as well as the community have set the standard of care nursing homes must provide.

If nursing home neglect or abuse is suspected there can be a private cause of action or the cause of action can be brought by the state or federal government to enforce the laws and regulations that nursing home facilities must abide by.

It is the unfortunate duty of a private Memphis attorney to represent nursing home neglect patients generally after they have already passed. This is not always the case, but it is the most common occurrence.

When family members realize the passing of their loved one is due to some form of neglect they can retain the services of an attorney. A Memphis attorney cannot just bring a case against a nursing home, there has to be substantial evidence proving the passing of a family members loved one was directly related to neglect or abuse by the nursing home.

Some common examples of Nursing Home Abuse or Neglect are:

  • Medication errors
  • Unnecessary infections
  • Bed sores
  • Becoming contracted
  • Wrongful deaths
  • Failure to meet the Nursing Home Residents Rights Acts

One right outlined in the Nursing Home Residents Rights Acts are if a couple is married they have the right to reside in the same room if the nursing home can provide this.



Memphis attorney Vincent Perryman discusses Nursing Home Abuse and Neglect with Russell Lewis Part 2

In a nursing home neglect or abuse case there are some requirements before the case can be established. Just like in any other injury case, in a nursing home abuse or neglect case, a duty must be established, a breach of the duty has to be demonstrated, the breach of the duty caused harm to the nursing home resident, and then the damages that flow from the breach of duty must be shown.

The most difficult element of a nursing home abuse or neglect case will be the proof of damages. For other injury cases damages can be proven by the lack of income coming in due to the damages. With nursing home residents, they generally don't have an income coming in that is affected by the neglect. So the damages are generally related to the medical bills as far as economic damages goes. Since a nursing home resident is already incurring medical bills, proof of additional bills must be established. The additional medical expenses must be directly related to the neglect on the part of the nursing home. Once a proof of damages has been established by the Memphis Attorney and the family, expert witnesses must be employed to acquire an expert opinion. The expert witnesses are medical experts employed to establish a definable damage to the nursing home resident.

If a case is considered by the Memphis attorney and passes the initial evaluation the next step is to bring the client in to establish a timeline, discuss the financial matters of how much the case may cost, and outline the litigation process. The process is not a personal matter. It is the practice of the nursing home to deny all charges brought against them and is not meant to be hurtful to the family members.



Memphis attorney Vincent Perryman discusses Nursing Home Abuse and Neglect with Russell Lewis Part 3

Why should someone file a nursing home neglect or abuse case? Many people believe that people are litigious only for a monetary reason and when filing a case that its award is money only supports this thought. This is because the civil justice system can generally only award monetary remedies to legal solutions in this matter. The real reason to bring a suit against a nursing home for neglect or abuse is to hold the nursing home accountable for their negligent actions.

Generally nursing homes are run by large corporations that make decisions based on budgets and not the direct needs of the residents. This can cause a nursing home to be under staffed or create a weakness in the screening process for the staff.

By filing suits against these nursing homes it helps establish a standard that shows that society will hold them accountable for their negligent actions. This will help the nursing homes strive to provide the quality of service the residents deserve.

The most common example of nursing home abuse or neglect is bed sores. Bed sores or pressure sores are caused when someone that has a high risk for skin breakdown is not properly cared for. They may not have proper hydration, they may be malnourished, or they are not regularly turned. When the wounds are developing it can be treated.

Another common nursing home abuse or neglect example is contractures. This is when a nursing home resident is malnourished and their body begins to seize. They cannot have their bodies straightened.

The best way to avoid a nursing home abuse or neglect case is to have a constant visitation with your family members in the nursing home. When the nursing home knows someone is always going to be visiting they will be vigilant to prevent neglect.

When looking for a nursing home neglect or abuse attorney in Memphis to deal with your nursing home neglect or abuse in Memphis it is a good idea to find someone that deals with these cases on a regular basis. They will have the experience necessary to see patterns that are common and will know the proper procedures to take for a successful outcome of the case.

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