According to the CDC, over 1.3 million Americans reside in nursing homes. Every single one of these people is deserving of dedicated care and concern while living in these environments, but all too often, residents find themselves suffering abuse and neglect at the hands of their caregivers.

When families make the difficult decision to place a loved one in a nursing home, they put their faith and trust in the facility’s staff. When that trust is broken and their loved ones suffer as a result, family members often turn to the legal system for help, holding responsible parties accountable. Let’s take a closer look at some of the key differences between nursing home abuse and nursing home neglect and explore how an experienced elder abuse attorney can help family members hold facilities accountable when they fail to adequately care for the elders in their charge.

What is nursing home abuse?

Nursing home abuse refers to intentional acts by caregivers, staff, or—in some cases—other residents that cause harm to a vulnerable adult in a care facility. Some common forms of elder abuse include:

• Physical abuse: Hitting, slapping, restraining, or intentionally inflicting pain
• Emotional abuse: Verbal threats, yelling, humiliation, or isolation
• Sexual abuse: Non-consensual sexual contact
• Financial abuse: Stealing money, forging checks, inflating costs, or pressuring residents into changing wills

Crucially, abuse typically involves deliberate conduct, often with the express intent of causing harm. While many of us think of nursing home abuse as misconduct perpetrated by staff against residents, it’s also important to understand that resident-on-resident abuse is all too common in long-term care facilities. Nursing homes are expected to take steps to prevent this kind of abuse and protect vulnerable residents from harm, and failing to do so can open a facility up to additional claims of liability.

What is nursing home neglect?

While nursing home abuse generally involves intentional misconduct, nursing home neglect can be far more insidious and often looks like negligence. If a facility fails to provide adequate care to its residents or does not follow important safety protocols, it may be deemed negligent. Nursing home neglect can be just as devastating as intentional abuse and can go on for extended periods of time if left unchecked. Nursing home neglect can be medical in nature or be related to poor hygiene practices, inadequate supervision, or a general failure to provide for residents’ basic needs.

What are the signs of nursing home abuse and neglect?

If you have entrusted a loved one to the care of a nursing home, it’s important that you know how to recognize common signs of abuse and neglect. Early intervention can be critical in ensuring your loved one does not suffer prolonged harm or additional complications as a result of their abuse.

Some common signs of nursing home abuse and neglect include:

• Bedsores
• Malnutrition
• Dehydration
• Falls
• Bowel and bladder injuries/infections
• Broken bones/fractures
• Wandering off/elopement
• Emotional distress

Keep in mind that abuse can impact people in many different ways and may not always be as obvious as we would hope. Oversight is key to ensuring your loved one is being well cared for at their facility, and regular check-ins can give both of you vital peace of mind.

Nursing home abuse and Tennessee law

In the state of Tennessee, elderly and disabled adults are considered vulnerable and deserving of a variety of protections. In fact, Tennessee law states that any person who has a reasonable suspicion that an elderly or vulnerable adult has suffered abuse, neglect, financial exploitation, or sexual exploitation must report it. Given the high bar set by the state for the care and treatment of the elderly, it should come as no surprise that nursing home facilities are subject to strict requirements and are expected to comply with a broad spectrum of local, state, and federal guidelines.

In Tennessee, elder abuse is classified as a Class E felony under state law and may be punishable by 1 to 6 years in prison and a fine of up to $3,000. Abuse of a vulnerable adult is a Class D felony and carries 2 to 12 years and a fine of up to $5,000, unless another statute provides otherwise. Beyond these criminal penalties, however, nursing home facilities deemed liable for the injuries of their residents may face significant claims for compensation in civil court.

What damages are available in nursing home abuse and neglect cases?

When an elderly or vulnerable adult suffers harm at the hands of the facility responsible for their care, family members may be within their rights to file a claim for damages. Nursing home abuse and neglect can result in long-term physical harm and emotional distress that come at significant costs. Civil claims can help families recover the funds they need to offset these costs and ensure their loved one will receive the care they need moving forward.

In Tennessee, damages in these cases typically fall into one of the following categories:

1. Economic damages: These damages are intended to cover actual costs associated with a nursing home resident’s injuries or other losses. Common examples of economic damages include reimbursement for medical bills, lost wages, therapy costs, etc.
2. Non-economic damages: Abuse and neglect come at high personal costs that can’t necessarily be quantified. In addition to providing compensation for quantifiable losses, civil claims can also be filed for non-economic losses like pain and suffering, emotional distress, and trauma.
3. Punitive damages: In cases involving intentional misconduct or particularly egregious negligence, the jury, or a judge in a bench trial, determines punitive damages subject to statutory limits in an effort to punish the offending party for their actions.

While there is no cap on economic damages in the state of Tennessee, non-economic damages are typically capped at $750,000 and $1,000,000 for catastrophic injuries, unless exceptions apply. Punitive damages are capped at twice the amount of compensatory damages or $500,000—whichever is greater, with exceptions when the caps do not apply.

All of these damages are intended to help cover the full scope of the harm caused by nursing home abuse and neglect. In order to ensure you receive the maximum amount of compensation available, however, it’s important to work with an experienced nursing home abuse attorney who can help you build the strongest possible case.

Final thoughts

While it’s important to understand the differences between nursing home abuse and nursing home neglect, it’s equally important to know that both are unlawful. Nursing homes that fail to rise to established standards of care deserve to face consequences and make amends for the harm they cause.

If you suspect a loved one suffered harm while under the care of a nursing home or other long-term care facility, there are options available to help you seek accountability. The team at Delius & McKenzie, PLLC has a longstanding track record of supporting families in East Tennessee in the aftermath of elder neglect and abuse. We know what it takes to navigate the civil and criminal court systems in Tennessee and are dedicated to representing the most vulnerable and treasured members of our community.

Give us a call today or complete our contact form to schedule a free consultation with a member of our team. We are standing by to learn more about you, your family, and your case, and would love to help you stand up for what’s right.