COVID-19 Update: We are open and serving our clients. Learn More >>>

Articles Posted in Nursing Home Abuse

Doctors, nurses, hospitals, and nursing homes have a strong aversion to being sued. Of course, no one wants to be accused of carelessness or wrongdoing, and defendants facing claims of nursing home negligence or patient abuse are no different.

However, as compared to many other defendants, the medical establishment goes above and beyond in their efforts to dissuade injured individuals from seeking justice. Sometimes, such efforts begin very early in the process – with a requirement that a patient agree to arbitrate, rather than litigate, any possible claims as a condition to admission into a treatment facility. Fortunately, not all such attempts to deprive an injured person or his or her family of their day in court are successful. A Knoxville nursing home negligence lawyer may be able to challenge the validity of the agreement.

Facts of the Case

In a case filed in the Circuit Court for Shelby County, the plaintiff was a woman whose mother suffered a fractured tibia and fibula in a fall while she was a resident at the defendant nursing home. The plaintiff, acting as her mother’s next friend, filed suit against the defendant, asserting claims of ordinary negligence and violations of the Tennessee Healthcare Liability Act, codified at Tennessee Code Annotated §§ 29-26-101, et seq.  In response, the defendant filed a motion to compel arbitration and to stay the proceedings, relying upon a 2013 agreement signed by the plaintiff on her mother’s behalf when the mother entered the defendant’s facility.

Continue reading

It has been frequently stated that a society should be measured by the quality of care it gives to its youngest, sickest, and oldest citizens. According to a recent Nursing Home Report Card from Families for Better Care, Tennessee was given a D in overall nursing home care. Tennessee Nursing homes ranked 47th in staffing. This is a disturbing ranking, given nursing home abuse or neglect frequently occurs when facilities lack proper staffing. If you or a loved one have been the victims of nursing home abuse or neglect due to improper staffing, you are encouraged to contact a local personal injury attorney with experience handling nursing home abuse or neglect cases.

The Nursing Home Report Card does a state-by-state analytical comparison ranking the quality of nursing home care. The purpose of the report card is to laud those states providing quality nursing home care while pointing out states with poor quality to encourage additional accountability. Families for Better Care states, “Tennessee is among the poorest staffed nursing homes states in America as the state overwhelmingly failed every staffing measure.” For the region, Tennessee ranked second to last in what the report characterized as the woeful Southeast Region.

Sadly, there are many people in Tennessee that are unaware of these statistics, and most people only find out when it hits close to the family.
Continue reading

Contact Information