TN Lawmakers Give Negligent Nursing Homes a Break, Even in Cases of Wrongful Death The elderly in Tennessee are incredibly

vulnerable to abuse. In many cases, a victim lives with a family member who controls access to the outside world, in addition to his or her finances, meals, and medication. About two-thirds of elder abuse perpetrators are, in fact, family members. But institutionalized abuse-- physical violence, verbal abuse, or neglect at the hands of staff in a long-term care facility-- is a critical issue among Tennessee nursing homes. Sadly, according to the Tennessee Commission on Aging and Disability, only one in 23 cases of elder abuse is reported. What's worse, Tennessee's nursing home industry has come under scrutiny in U.S. Government Accountability Office (GAO) audits for its handling of elder abuse reports. The GAO report issued in April indicates that Tennessee nursing homes failed in three key areas: prioritizing complaints; performing timely investigations of complaints in which patients were in immediate jeopardy; and performing timely investigations of complaints when a patient had endured actual harm. When reports of elder abuse and nursing home negligence are filed, it is often too late. A patient at a Lebanon nursing home was rushed to a local hospital and pronounced dead in March-- but only after staff failed on multiple occasions to take proper action after alarming test results showed a critically high potassium level. An inspection of a Madison nursing facility found patients with pressure sores (bedsores) that had not been detected or treated until they had reached an advanced (and, in some cases, life-threatening) stage. In another case, a patient who needed assistance feeding himself was brought his tray, received no help, and then was made to watch the full tray be taken away. At a Cleveland nursing home, a woman admitted for a brief period of in-patient rehabilitation died from dehydration and malnutrition before she could be released after 30 days. The current state of the nursing home industry in Tennessee seems horrific enough already-and based on a recent review of laws, inspection reports, and lawsuits conducted by The Tennessean, the possibility of justice for elderly victims and their families after devastating instances of nursing home negligence or abuse may be eliminated altogether. A recent tort reform bill included a key nursing home provision that will make claims against nursing homes even more difficult to prosecute. All claims against nursing homes will be placed "under the strict limits of medical malpractice law," The Tennessean reports, "eliminating separate claims for negligence and requiring plaintiffs to provide certification that the care provided did not meet local standards." Punitive damages are limited to $500,000 or two times the pain and suffering claims. Claims filed under a protection from abuse will be blocked. Personal injury and wrongful death litigation related to the nursing home industry is more difficult than ever-- elderly victims of nursing home abuse or neglect and their families need a lawyer with expertise in Tennessee nursing home negligence cases. Attorney Mitch Grissim has practiced personal injury and wrongful death litigation in Nashville for over 27 years. As a Certified Specialist in Civil Trial Advocacy, he has helped thousands of clients recover the compensation they deserve after enduring horrendous treatment or suffering the tragedy of a loved one's wrongful death. For free legal advice, call today at (615) 620 - 7207 or (888) 203 - 8857. You can also contact us online by clicking here.