Nursing Home Abuse vs. Neglect: What’s the Legal Difference?

When families choose a nursing home for their loved one, they trust that facility to give their loved one dignity, safety, and compassion. Unfortunately, a growing number of facilities fail to live up to those standards. Residents suffer preventable harm at the hands of indifferent or outright cruel care providers, facility administrators determined to maximize profits, and undertrained providers who cause unintentional harm.

There is a distinction between neglect and abuse, and it’s important to know your legal options when your loved one is being abused or neglected in a Tennessee nursing home. If you suspect abuse or neglect, let’s talk. Call Wagner Workers’ Compensation & Personal Injury Lawyers now.

Definitions in Tennessee

Tennessee outlines the differences between abuse and neglect in its criminal code. There are separate charges for neglect of an elderly person, aggravated neglect of an elderly person, abuse of an elderly person, and aggravated abuse of an elderly person. Abuse is an intentional act that causes harm, pain, fear, or distress to a nursing home resident. Abuse can be physical, emotional, sexual, or financial in nature. Sexual assault, shoving or slapping, threatening or insulting, and stealing from an elderly resident are all forms of abuse.

Neglect, on the other hand, is a failure to provide necessary care or protect a resident from harm. While abuse is generally intentional, neglect is often unintentional. It may be the result of a lack of knowledge of a resident’s needs, a general lack of knowledge or training, or a lack of staffing in a particular facility.

It’s important to note that distinguishing between these offenses does not excuse or minimize either one. Both abuse and neglect can be traumatic and deadly for nursing home residents.

Red flags for families

As a family member, hopefully you likely have a good gut feeling about where your loved one is living. When you visit them, you notice if they seem happy and engaged, well-fed, and comfortable with their caregivers. But if they are withdrawn and isolated, losing weight rapidly, or skittish around their care providers, you need to figure out what is happening. It’s important to watch out for your loved one’s welfare and investigate further if there are any signs of abuse or neglect:

• Physical signs: Unexplained bruises, cuts, and burns; frequent unexplained injuries or accidents; sudden weight loss or dehydration; bedsores and skin infections
• Behavioral signs: Withdrawal from social activities, sudden fear of staff members (especially if it’s only directed at certain staff members), agitation, anxiety, depression, and changes in sleeping or eating habits
• Environmental signs: Dirty bedding and clothing, poorly maintained living areas, strong odors of urine and feces, broken equipment and furniture, and poor lighting
• Medical signs: Worsening chronic conditions, missed or delayed medical appointments, and inconsistent communication regarding medical conditions and needs

These signs don’t automatically mean that neglect or abuse is happening, but they do indicate that you should take a closer look. Never feel guilty about advocating for your loved one and following up on signs of abuse—if your investigation finds that there’s nothing wrong, you’ll still feel relieved that you protected them.

Documenting issues

If you suspect abuse or neglect, documentation is your best friend. Legal claims against negligent facilities hinge on appropriate and thorough documentation. We recommend documenting:

• Dates and times of concerning incidents
• Descriptions of injuries, unsafe conditions, and troubling behavior
• Photograph injuries, living environments that seem unsafe, and obvious hazards in the nursing home
• Medical records showing missed treatments, skipped appointments, and unexplained changes in condition
• Care logs from the facility
• Witness statements from other residents, visitors, and staff
• Copies of complaints filed with management and state agencies

Filing a complaint in Tennessee

There are multiple places you can report nursing home abuse and neglect. First, you should report your suspicions to the Tennessee Department of Health. They take reports and then conduct their own investigations to ensure that facilities are up to code. You should also reach out to someone at Adult Protective Services. This agency investigates reports of abuse, neglect, and exploitation of elderly and vulnerable adults.

You should also report your concerns to the facility itself. Many facilities have their own internal investigative procedures and protocols, but they cannot investigate if they don’t know there’s a problem. Keep a log of all the communication you have with administration so you can prove that you reported your concerns to them and gave them a chance to take action.

Finally, don’t be afraid to speak to a nursing home abuse attorney. Your loved one could be entitled to compensation for what they’ve gone through, and that compensation could give them the financial stability they need to relocate to a safer nursing home where they can begin to heal from what they’ve experienced.

Benefits of hiring an attorney

Hiring a nursing home abuse lawyer gives you the chance to immediately take action and look into your suspicions. Your lawyer can communicate with the facility directly to preserve important records, camera footage if available, and other crucial evidence. They may also have professional connections, such as medical experts, who can help explain injuries and care standards. Your lawyer can file a lawsuit against the at-fault parties to demand justice and get your loved one the compensation they deserve. The right attorney can also help the victim and family member find resources to help them process what they’ve gone through, as this can be a traumatic experience.

Suspect nursing home abuse or neglect? Call our firm today.

At Wagner Workers’ Compensation & Personal Injury Lawyers, we know that our aging loved ones deserve more—and we’re here to hold negligent care providers accountable. Set up a consultation right away by connecting with us online or calling us today.