Peer on Peer Abuse

Knoxville Lawyer Protecting the Rights of Nursing Home Residents

Peer on peer abuse is more prevalent than abuse by nursing home staff, according to research from Cornell University. Nursing homes that admit residents who suffer from dementia, Alzheimer's, or other psychiatric disorders with violent tendencies must evaluate their residents to determine whether they have a tendency to abuse others. There must be a proper plan of care in place. Knoxville nursing home abuse lawyer Mark Hartsoe may be able to represent victims of elder abuse in East Tennessee nursing homes in pursuing compensation against irresponsible facilities or staff.

Harm Caused by Peer on Peer Abuse

Most people associate nursing home abuse with staff member misconduct or negligence. However, peer on peer abuse is common. People live close together in nursing homes, and many residents have lower inhibitions due to dementia, psychiatric conditions, or medications. All residents are entitled to be free from abuse while living in a nursing home, regardless of the source. While it may not be possible to entirely eliminate the possibility of emotional or physical abuse, a nursing home that does not protect its residents from peer on peer abuse may be held liable for damages.

Peer on peer abuse can include both verbal and physical abuse. It can include screaming, pushing, punching, or kicking. It can leave physical injuries and emotional wounds. A nursing home can be held liable for peer on peer abuse in some situations.

Both state and federal laws are in place to prevent abuse in nursing homes. Employees must, by law, report any abuse that they observe in a nursing home. Additionally, the facility is supposed to have a nursing service available, and that nursing service should appropriately address any injuries inflicted by peers. Any type of medical neglect may form the basis of a claim.

Legal remedies may be available under the Tennessee Adult Protection Act when a nursing home knows that abuse is occurring but does not take adequate measures to report and stop it. There may be criminal charges, but this does not necessarily help an abused resident. In some cases, nursing home residents may be able to sue in civil court for compensatory and punitive damages as long as they are covered adults under TAPA.

In some cases, it is appropriate for a victim’s attorney to assert common-law causes of action. For example, it may be appropriate to sue the other resident for civil assault and battery. Moreover, it can also be appropriate to hold a nursing home accountable for its negligence in developing an inappropriate plan for a resident. Generally, you will need to show that the nursing home owed a duty to protect the victimized resident, failed to abide by this duty, and thereby caused the resident serious injuries. If there are specific violations of Tennessee or federal laws that led to the peer on peer abuse, it may be possible to pursue relief under a negligence per se cause of action.

There may also be a breach of contract cause of action, depending on the specific nursing home contract that was signed when the resident came to live at the nursing home. Sometimes nursing home contracts include provisions about providing supervision, and a failure to minimize the risk of peer on peer abuse when it is known that a particular resident has violent tendencies could violate a contractual clause.

Get Assistance from an Experienced Knoxville Attorney

If you or a loved one suffered injuries due to peer on peer abuse in a Tennessee nursing home, you should consult an injury lawyer. You may be able to hold the nursing home accountable. Mark Hartsoe can advise you on whether it is appropriate to bring a nursing home negligence lawsuit, and he can represent you in your effort to obtain monetary relief. Call the Hartsoe Law Firm at (865) 524-5657 or contact us through our online form. We also represent victims in Clinton, Oak Ridge, Alcoa, Louisville, Maryville, LaFollette, Tazewell, Newport, Crossville, Jamestown, Rutledge, Greeneville, Morristown, Chattanooga, Dandridge, Jefferson City, Strawberry Plains, Madisonville, Lenoir City, Loudon, Athens, and other areas of Anderson, Blount, Campbell, Claiborne, Cocke, Cumberland, Fentress, Grainger, Greene, Hamblen, Hamilton, Jefferson, Knox, Monroe, Loudon, McMinn, and Bradley Counties.

Client Reviews
★★★★★
I was on my way to Atlanta and a huge truck rear-ended me and knocked me off the side of the road. I was scared. Didn’t know what to do. I tried working with the insurance company. They are just difficult to work with. I had to call somebody to take care of me. So, My brother told me to call Mark Hartsoe. As soon as I called Mark Hartsoe, he let me know real quick that everything was going to be okay and that he would take care of everything. And, he did. He got me a great settlement. He took the worry off of me.
★★★★★
I was hit coming home late at night by a drunk driver who took off. And the next day I was able to track down his vehicle and get the state police involved. At that point, a family friend recommended that I talk to Mark Hartsoe. Pretty much at that point, Mark handled the police, the insurance company and the guy who hit me. Settled with the actual person that hit me. Outside of that, everything came out great. Did not have to go to court. Got a great settlement. Got my car replaced. Got a check. Mark Hartsoe is my lawyer. Nate Holder
★★★★★
I was involved in a motorcycle accident. It was a head-on collision. I broke my arm, injured by knee. I was out of work for a long time and had medical bills, other expenses. A personal friend handed me a card for Mark Hartsoe. I called Mark Hartsoe from the side of the road and he took care of everything. My case was settled out of court. I received a great settlement. Bike was totaled, motorcycle was replaced. It was easy, painless. About as painless as something like this can be. This is why my lawyer is Mark Hartsoe. John Lusinger
★★★★★
I wanted to thank you for the excellent representation and your ability to handle the situation so well with such compassion and strength. We appreciate all of your help, concern and for answering my many questions. It has been a difficult road to travel but when we come across people like you, it really helps to lighten the load. We just wanted you to know how much we appreciate what you’ve done and your ability to handle the situation so well. S. Carter
★★★★★
Thank you so much for all the work you did on our case. We received more than we expected. You were great through the whole time from the first meeting until the last. Thank you so very much. Sam & Judy Kachar