Nursing Home Lawyer Memphis TN
Darrell Castle & Associates is the nursing home lawyer Memphis, Tennessee trusts to handle sensitive cases. If you or a loved one has experienced abuse at the hands of a nursing home caretaker, or suspect elder abuse or neglect, please call us today. We want to help.
Darrell Castle & Associates are known for their compassionate ethical work. We understand the anxiety surrounding elder abuse and the fear. We hate that elder abuse is a fact and we will fight against it with all of our resources.
A well-versed nursing home lawyer in Memphis TN can help guide you in determining whether or not abuse may have occurred and how to fight it.
The Types And Frequency Of Nursing Home Abuse
Life in a nursing home can be difficult for both residents and staff. The work that caregivers do is important and stressful, but hopefully rewarding as well. Unfortunately, too many nursing home staff members allow themselves to succumb to either the stresses of the job or their own worst instincts, and the result is elder abuse.
While most of us think of elder abuse as physical violence, it actually takes numerous forms. If you have a loved one in a nursing home, it is critical to pay attention to clues that could indicate he or she is being abused. If you suspect that your loved one is being abused or neglected in any way, it’s vital that you speak with an experienced Memphis, Tennessee nursing home lawyer from Darrell Castle & Associates, PLLC as soon as you can. Working with a Memphis, TN nursing home lawyer doesn’t obligate you to act upon your suspicions but it will allow you to make an informed decision about your options.
Examples Of Nursing Home Abuse
Abuse in a nursing home (or any setting) can be physical, verbal/psychological, sexual, or financial. Neglect is also considered a form of abuse. It is difficult to fully quantify how often each type occurs, because this problem is widely underreported. But we’ll be sharing some statistics of reported cases from the Nursing Home Abuse Justice website.
Physical abuse: This is usually defined as staff members physically assaulting patients. It occurs in about 27.4 percent of cases. Evidence can include cuts, bruises, and the sudden appearance of mobility or movement issues.
Verbal/psychological abuse: This is the second most-reported type of staff-inflicted abuse, at 19.4 percent. It includes verbal insults and threats, derogatory language and mockery. In recent years, many cases have made the news because they were captured on cellphone cameras or hidden security cameras installed by the family members of residents. This type of abuse can have profound negative effects on residents, even if they are cognitively disabled and non-communicative.
Sex Abuse: Sadly, rape and other forms of sex abuse occur in nursing homes at least 7.9 percent of the time. Family members may notice agitation, depression and fear in their loved ones in addition to any physical symptoms.
Financial Abuse: Older adults are often exploited financially in their own homes and in nursing homes. About 7.9 percent of reported abuse cases in nursing homes involve financial abuse. This could include stealing from patient rooms, forcing patients to write checks or give cash or scamming them out of their money. An experienced Memphis, TN nursing home lawyer can help in this situation as well as those involving physical abuse or neglect. Too often, patients don’t realize that they have rights when it comes to financial abuse matters.
Neglect: Nursing home patients need regular care and assistance, which is why they are in a nursing home to begin with. Staff members who neglect their patients are committing a form of illegal abuse. It is important to understand that your loved one has rights and that a Memphis, TN nursing home lawyer can help you to ensure that those rights are protected. Statistics show that “gross neglect” accounted for 15.3 percent of reported nursing home abuse.
Discuss Your Options With An Attorney
If you suspect that your loved one has been abused or is being abused, it is important to act as soon as possible. Please contact a Memphis, TN nursing home lawyer to share your concerns and discuss next steps in seeking relief, justice and compensation.
Indications There May Be Physical Abuse or Neglect
- Bed sores;
- Emotionally upset, easily agitated or withdrawn;
- Unusual and abrupt changes in behavior (rocking, biting, fear of being touched);
- Reluctance to speak openly in front of a caregiver;
- Head injuries and bodily fractures (in particular hip injuries);
- Desire for isolation;
- Unexplained injuries and broken bones;
- Bruises or sores, in particular on wrists;
- Wandering or emotional bursts followed by wandering; and
- Heavy sedation.
What to Do If You suspect Physical Neglect or Abuse
Most elder abuse cases go unreported, which lends to the pervasiveness of this condition in our society. Yet thousands of complaints of elder abuse incidents occur every year. In Memphis County, people are becoming increasingly aware of this serious situation. Often shame and denial cause people to stay silent, but it is imperative to address the situation openly.
The first thing you need to do if you suspect abuse or neglect is to communicate with the leaders at the nursing home, write down your concerns and maintain copies. If you feel danger is imminent, contact Adult Protective Services or talk with the police. An experienced nursing home lawyer Memphis TN relies upon will be able to help you through this process, we have a zero-tolerance approach to elder abuse.
Currently, the most prevalent abuse of elders is financial abuse. AARP recently reported that only 1 in 44 elder financial abuse cases are reported. Predominantly, cases of financial abuse incidents are perpetrated by a caretaker, friend or neighbor. These are individuals who may feel entitled to the elder individual’s assets because of their intimacy or role as a caretaker.
It is imperative to watch for the signs and report concerns or suspicions immediately. Darrell Castle & Associates is the nursing home lawyer Memphis TN depends upon to uncover these nasty schemes and bring perpetrators to justice.
Indications There May Be Financial Abuse
- Previously financially savvy individuals exhibit confusion and fuzziness about certain payments, checks or money;
- A lack of interest in finances, as if someone else is taking the lead;
- Individual cannot recall making large payments or withdrawals;
- Sudden new friendships, unusual intimate friendships, or financial counselors that do not have licenses;
- Physical frailty may be an invitation for housing contractors and workmen to develop new “friendships” or steal information;
- Elder not wanting to discuss money when with a new friend;
- Social isolation – can lend to strangers taking advantage; and
- Identity fraud can occur when a senior is receiving paper mailings, credit card applications, or emails without a secure server.
What to Do If You Suspect Financial Abuse
If you are the primary caretaker, you may have access to the financial records of the senior, in which case, you can monitor their finances. If not, one thing you can do immediately is to contact the elder’s bank, if it is a reputable bank, and file a concern or report. Financial Institutions have strict reporting policies and are responsible for investigating the situation.
Don’t stop there, however, because banks cannot necessarily take action. If the issue stem to a nursing home caretaker, the nursing home must be contacted. You should also contact a capable Memphis nursing home lawyer such as Darrell Castle & Associates as soon as possible.
Elder abuse and neglect, whether it is physical, emotional or financial is a serious problem in our society, and it is usually hidden and very difficult to talk about. It is critical to intervene as soon as you realize something is wrong. Senior abuse can start with a slap on the hand or a stolen envelope of cash, and it can go all the way up to rape and murder. Help be a part of the solution, contact Darrell Castle & Associates, the nursing home lawyer Memphis TN knows will do everything in our power to see justice served.
When Is Restraint Use Nursing Home Abuse?
When a person lives in a nursing home, it is because the time has come that they are unable to live on their own. Maybe they have too many mental or physical disabilities that limit their activities. In some cases, these issues make it necessary for the resident to have to be restrained in order to limit their movement, so they are unable to harm themselves or others. For example, bed rails on the side of the bed will help keep a resident safe from rolling off the bed.
There are two different types of restraints that nursing homes use: physical and chemical. These restraints should only be used when absolutely necessary and only to prevent injury. Restraints should never be used to punish a resident or to make things easier for nursing home staff. This is against Tennessee law on nursing home regulations.
If your loved one has been illegally restrained by nursing home staff, contact Darrell Castle & Associates to speak with a nursing home lawyer in Memphis TN to find out what legal options you may have.
The Law Protects Residents
Each state has its own nursing home care laws. These laws protect the rights of nursing home residents, stipulating what nursing home staff must provide nursing home residents and what residents’ rights are. Generally, nursing home residents have the right to:
- Be treated with dignity and respect at all times
- Be free from abuse and neglect from nursing home staff
- Receive medical care from the doctor they choose
- Refuse unwanted medical treatment
- Be free of unwanted restraint
- Keep personal items in their room
- Receive visits, phone calls, mail, and other correspondence
To find out the specific laws in your state, contact a nursing home abuse attorney who will explain what your elderly loved one’s rights are.
What Is Unwanted Restraint?
Although no nursing home resident would likely ever agree to restraints, there are times when it is acceptable. For example, if a resident suffers from dementia and gets out of bed at night and wanders, staff may restrain the patient in order to make sure they do not get up in the middle of the night on their own and become injured. The resident’s family should be totally informed of this use. If the family is not informed, they should immediately contact a Memphis TN nursing home lawyer.
Examples of restraints that are considered unreasonable are:
- Restraints that prohibit the resident from having social interaction
- Restraints that cause pain or injuries, such as bedsores, bruises, cuts, or ulcers
- Restraints used to humiliate or punish the resident
- Restraints use for the convenience of nursing home staff
- Restrains that make any injuries or medical conditions worse
- Restraints that being used because of abuse or neglect by staff
Let a Memphis TN Nursing Home Lawyer Help
If you suspect your loved one is a victim of nursing home abuse or neglect, the legal team at Darrell Castle & Associates is here to help. To speak with a dedicated nursing home lawyer Memphis TN clients recommend, call our office today to find out if your family is eligible for financial compensation for the damages inflicted. Call our office today to schedule a free and confidential consultation.