Is Nursing Home Abuse Actionable? A Guide for Families in Cleveland
Addressing Legal Claims for Nursing Home Abuse
When you trust a nursing home or assisted living facility to care for a loved one, you expect compassion, professionalism, and safety. Unfortunately, some residents experience neglect or abuse instead. Families often ask whether that kind of mistreatment is “actionable” under Tennessee law — meaning, can it be addressed through a legal claim? The answer is yes, but it depends on the facts and the type of harm involved. Here’s what you should know, from Ashley Ownby, Attorney at Law in Cleveland.
What Counts as Nursing Home Abuse or Neglect
Nursing home abuse includes any act or failure to act that causes harm or a serious risk of harm to a resident. It can take several forms:
- Physical abuse – hitting, pushing, excessive restraint, or rough handling
- Emotional abuse – humiliation, threats, or deliberate isolation
- Sexual abuse – any non-consensual sexual contact or harassment
- Neglect – failure to provide food, water, hygiene, or medical care
- Financial exploitation – unauthorized use of a resident’s funds or property
Even unintentional neglect can be actionable if it results from poor staffing, inadequate training, or lack of supervision.
Common Signs to Watch For
Families should pay attention to changes that may signal abuse or neglect:
- Unexplained bruises, fractures, or burns
- Sudden weight loss or dehydration
- Bedsores or untreated infections
- Withdrawal, fearfulness, or mood changes
- Unclean clothing or bedding
- Medication errors or missed doses
- Unexplained bank withdrawals or missing personal items
If something seems wrong, document it immediately and report concerns to facility management and the state’s adult protective services.
When Abuse Is Actionable
You may have a legal claim if:
- The facility or its staff violated the
duty of care owed to residents
- That violation caused
injury or death
- The harm resulted in
medical costs, pain, suffering, or financial loss
Under Tennessee law, victims and their families can pursue compensation through a civil lawsuit for negligence, abuse, or wrongful death. Facilities can also face state penalties or lose their licenses.
How a Lawyer Can Help
An experienced attorney can:
- Review medical and facility records
- Interview witnesses and staff
- Identify violations of state or federal regulations
- Work with medical experts to prove the extent of harm
- File claims against the facility, owners, or individual caregivers
- Negotiate settlements or represent you in court
Early legal advice helps preserve evidence and protect your loved one’s rights.
Taking the First Step
If you suspect nursing home abuse or neglect in Cleveland or the surrounding area, do not wait. Move your loved one to safety if needed, document everything, and contact a local attorney who understands Tennessee elder care law.
