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

1.6 million families in Tennessee and around the Unitedhomes across the United States, and North Carolina
States turn to nursing homes to care for their elderlyfacilities are no exception. These types of violations
loved ones. The number is expected to rise to 5are particularly grievous since elderly and disabled
million over the next thirty years, as the babyresidents are unable to protect themselves from an
boomer population ages. While families chose nursingattack. In many cases, they are not even able to
care with an expectation of professionalism, kindnesscommunicate the abuse they have suffered to their
and compassion, there is a dark side to nursingfamily members, and hence have neither recourse
homes: neglect and abuse.nor protection from future abuse.
Abuse violations include physical, emotional and sexualAccording to a 2001 Congressional report, more than
abuse, as well as neglect. According to a 20019,000 nursing home abuse reports were filed in the
Congressional Report, one in three U.S. nursing homestwo-year period between January 1999 and January
have been cited for abuse. These types of violations2001. Of these 9,000 reports, more than 2,500 were
are especially insidious since elderly and disabledsevere enough to place residents in immediate
residents are unable to protect themselves from anjeopardy of death or serious injury. Reported types
attack. In many cases, they are not even able toof abuse include sexual, physical and verbal.
communicate the abuse they have suffered to theirNursing home neglect is another significant area of
family members, and hence they have neitherabuse, and can range from failure to provide
recourse against nor protection from future abuse.medications according to the doctor-prescribed
What is being done to protect Tennessee residentsschedule to withholding food and even water from
from falling victim to this kind of abuse? First, therepatients. Dehydration and death have occurred as a
are a number of laws on the books in Tennessee.result of this type of neglect.
For example, all staff must pass a criminalAlso according to the Congressional report, which
background check and all nursing homes are subjectwas spearheaded by Representative Henry Waxman
to annual or more frequent inspections by the(D-CA), the number of nursing homes that is cited
department of health. Furthermore, Tennesseans arefor abuse is increasing, and has been every year
protected by national nursing home laws, such as thesince 1996. For example, the number of nursing
Americans with Disabilities Act and the Nursing Homehomes cited for abuse during annual inspections more
Reform Act.than doubled between 1996 and 2000.
These two laws mandate, among other things, thatWhile these national statistics are appalling, of even
patients must be given freedom and must receivegreater concern are the incidents of unreported
respect for their persons, and their personal propertyabuse. In fact, officials believe that abuse is grossly
and possessions.underreported; some experts even say that the
If you suspect that you or a family member hasmajority of abuse incidents go unreported. At
been the victim of abuse or neglect, you can reportparticular risk are nursing home patients without the
the incident via state agencies such as themental or physical faculties to be aware of -- or even
Tennessee Department of Health. The healthto articulate -- the abuse they are suffering at the
department has licensing oversight for nursing homeshands of their supposed caregivers.
and can revoke a home's license if it is found to be inNationwide, one-third of the U.S.'s 1,600 nursing
severe violation of state and national law.homes were cited for an abuse violation that had the
In addition to reporting the incident to the statepotential to cause harm or death. This
agency, you should also contact a local lawyerheart-wrenching statistic has devastating
experienced with cases of nursing home abuse andconsequences for a state like North Carolina, which
neglect in Tennessee. Your Tennessee nursing homehas over 37,000 of its residents living in nursing
abuse lawyer will work with you on filing your claimhomes, according to a census conducted in 2002.
with the state authorities, will advise you on theThe reality is grim for North Carolina seniors, since
variety of legal issues, and will advocate for you asone out of every three residents over the age of
you seek monetary compensation for the neglecteighty-five lives in a nursing home. Given the national
and abuse you or your loved one experienced.rates of nursing home abuse, North Carolinians are
Families in North Carolina and around the country turnundoubtedly at risk. If you or a loved one has been
to nursing homes to provide care and attention tothe victim of nursing home abuse or neglect, please
their elderly loved ones. But all too often families'contact a qualified attorney. Your lawyer can help
expectation for professionalism, kindness andyou to get the compensation you deserve for your
compassion is replaced with a shocking reality: abuse.mistreatment, abuse and neglect.
Abuse violations are a serious concern in nursing