Understaffing and Tort Reform in Tennessee Nursing Home Abuse
We all hear about the horrors of nursing home abuse and hope that the residents of these full-time care homes are being properly provided for. But a September 2011 Tennessean report shows that this is just not true, due to a lack of legal support by the state. Understaffing remains at the core of the problem.
The rights of nursing home residents have been reduced by Tennessee’s reluctance to support tort actions that are aimed at forcing our nursing homes to provide the care necessary to sustain them. In fact, the Tennessee state legislature passed a measure in 2011 that “places strict new limits on the rights of nursing home patients and their families to sue nursing homes for poor care.”
The tort reform bill passed in 2011 caps the amount of money a family may claim against nursing homes for pain and suffering. This cap is set at $750,000. And for several other types of cases, the cap is $1 million. However, if there is intentional misconduct or economic damages, the cap doesn’t apply.
Yet, Tennessee needs to provide better nursing home care. Our state is fourth from the bottom in the time spent each day providing certified nursing care to each resident, requiring only 0.4 hours in a 24-hour period. The average amount of Tennessee professional nursing care in 2011 was 0.62. Compared to Alaska, which provides an average of 1.86 hours, we have a long way to go.
Meanwhile, Tennessee nursing homes remain understaffed, residents receive substandard care and families have less legal recourse.
At Bailey & Greer in Memphis, we are proud of our reputation as caring, aggressive representatives of Tennessee nursing home residents and their families. Regardless of the limits our state puts on the victims of neglect, we continue to fight for their rights.
If you need help with a case of nursing home abuse, call us toll free at 901-680-9777 for a free case consultation. We represent people like you throughout Tennessee and Mississippi.
Since graduating magna cum laude in 2005 from the University of Memphis School of Law, Thomas has helped make a difference in the lives of victims of serious personal injury, wrongful death, and professional negligence. Thomas has extensive trial experience in both state and federal court. Among other victories in the courtroom, Thomas obtained several impressive jury verdicts and settlements
Read more about Thomas R. Greer