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Laws on the Books Concerning Nursing Home Abuse in Tennessee & Nursing Home Abuse Statistics in NC

1.6 million families in Tennessee and aroundnursing homes across the United States, and
the United States turn to nursing homes toNorth Carolina facilities are no exception.
care for their elderly loved ones. The numberThese types of violations are particularly
is expected to rise to 5 million over thegrievous since elderly and disabled residents
next thirty years, as the baby boomerare unable to protect themselves from an
population ages. While families chose nursingattack. In many cases, they are not even able
care with an expectation of professionalism,to communicate the abuse they have suffered
kindness and compassion, there is a dark sideto their family members, and hence have
to  nursing  homes:  neglect  and  abuse.neither recourse nor protection from future
abuse.
Abuse violations include physical, emotional
and sexual abuse, as well as neglect.According to a 2001 Congressional report,
According to a 2001 Congressional Report, onemore than 9,000 nursing home abuse reports
in three U.S. nursing homes have been citedwere filed in the two-year period between
for abuse. These types of violations areJanuary 1999 and January 2001. Of these 9,000
especially insidious since elderly andreports, more than 2,500 were severe enough
disabled residents are unable to protectto place residents in immediate jeopardy of
themselves from an attack. In many cases,death or serious injury. Reported types of
they are not even able to communicate theabuse  include  sexual,  physical and verbal.
abuse they have suffered to their family
members, and hence they have neither recourseNursing home neglect is another significant
against  nor  protection  from  future abuse.area of abuse, and can range from failure to
provide medications according to the
What is being done to protect Tennesseedoctor-prescribed schedule to withholding
residents from falling victim to this kind offood and even water from patients.
abuse? First, there are a number of laws onDehydration and death have occurred as a
the books in Tennessee. For example, allresult  of  this  type  of  neglect.
staff must pass a criminal background check
and all nursing homes are subject to annualAlso according to the Congressional report,
or more frequent inspections by thewhich was spearheaded by Representative Henry
department of health. Furthermore,Waxman (D-CA), the number of nursing homes
Tennesseans are protected by national nursingthat is cited for abuse is increasing, and
home laws, such as the Americans withhas been every year since 1996. For example,
Disabilities Act and the Nursing Home Reformthe number of nursing homes cited for abuse
Act.during annual inspections more than doubled
between  1996  and  2000.
These two laws mandate, among other things,
that patients must be given freedom and mustWhile these national statistics are
receive respect for their persons, and theirappalling, of even greater concern are the
personal  property  and  possessions.incidents of unreported abuse. In fact,
officials believe that abuse is grossly
If you suspect that you or a family memberunderreported; some experts even say that the
has been the victim of abuse or neglect, youmajority of abuse incidents go unreported. At
can report the incident via state agenciesparticular risk are nursing home patients
such as the Tennessee Department of Health.without the mental or physical faculties to
The health department has licensing oversightbe aware of -- or even to articulate -- the
for nursing homes and can revoke a home'sabuse they are suffering at the hands of
license if it is found to be in severetheir  supposed  caregivers.
violation  of  state  and  national  law.
Nationwide, one-third of the U.S.'s 1,600
In addition to reporting the incident to thenursing homes were cited for an abuse
state agency, you should also contact a localviolation that had the potential to cause
lawyer experienced with cases of nursing homeharm or death. This heart-wrenching statistic
abuse and neglect in Tennessee. Yourhas devastating consequences for a state like
Tennessee nursing home abuse lawyer will workNorth Carolina, which has over 37,000 of its
with you on filing your claim with the stateresidents living in nursing homes, according
authorities, will advise you on the varietyto  a  census  conducted  in  2002.
of legal issues, and will advocate for you as
you seek monetary compensation for theThe reality is grim for North Carolina
neglect and abuse you or your loved oneseniors, since one out of every three
experienced.residents over the age of eighty-five lives
in a nursing home. Given the national rates
Families in North Carolina and around theof nursing home abuse, North Carolinians are
country turn to nursing homes to provide careundoubtedly at risk. If you or a loved one
and attention to their elderly loved ones.has been the victim of nursing home abuse or
But all too often families' expectation forneglect, please contact a qualified attorney.
professionalism, kindness and compassion isYour lawyer can help you to get the
replaced  with  a  shocking  reality:  abuse.compensation you deserve for your
mistreatment, abuse and neglect.
Abuse violations are a serious concern in



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