Nursing homes, at their best, can operate to assist elderly and disabled persons who require around-the-clock medical care and attention. Nursing homes can provide a comforting, nurturing, and safe environment for patients. Nursing homes can take pressure off of family members by allowing professional medical doctors, specialists, and nurses to care for loved ones.

At their worst, however, nursing homes can be profit-seeking ventures concerned more about their finances and bottom line than the patients they are supposed to look out for. For instance, some nursing homes try to cut costs by not hiring an adequate number of staff members. Also, some nursing homes fail to adequately update their facilities. In addition, the residency contracts patients sign before being admitted into a nursing home can be highly favorable to the nursing home and burdensome to the patient.

The Tennessee nursing home abuse lawyers at Nahon, Saharovich, and Trotz (“NST Law”) recently handled a case that involved a conflict over a provision in a nursing home patient’s residency agreement. A clause in the agreement stated that any disputes between the patient or her family and the nursing home would be decided by binding arbitration rather than a trial or court proceeding. Since the patient’s daughter signed the agreement before entering her mother into the home, there was also an issue of whether the daughter had the authority to subject the mother to the terms of the agreement by way of Power of Attorney. The arbitration clause came under dispute after the nursing home patient suffered a fractured hip from a fall and died from injuries sustained in the fall in 2007. The daughter, represented by NST Law, filed a wrongful death lawsuit against the nursing home. In response, the nursing home filed a Motion to Compel Arbitration in accordance with the clause in the original residency agreement. The nursing home felt it was in its best interests to have the case heard and decided by an arbitrator instead of by a jury. The Team NST lawyers fought aggressively on the daughter’s behalf, and ultimately the court decided that the arbitration clause was unenforceable.

If a loved one has been a victim of nursing home abuse or neglect in Memphis, Jackson, Knoxville, or anywhere in Tennessee, do not hesitate to contact the Tennessee personal injury attorneys at NST Law at 901-683-7000 or 1-800-LAW-4004 to see if you may be eligible to recover compensation. NST Law has the resources to prove nursing home abuse or neglect and can protect you from unfair clauses in residency contracts. If a clause in a contract benefits a nursing home and unduly burdens the patient, the clause may be unconscionable and unenforceable. When a nursing home looks out for its best interests, NST Law looks out for your best interests. NST Law can utilize medical experts, industry experts, and knowledge of Tennessee law to review contracts and fight for maximum compensation.

For a free initial consultation on your case, call Nahon, Saharovich, and Trotz today at 901-683-7000 or 1-800-LAW-4004 to learn how an experienced nursing home abuse attorney can help you recover maximum damages. NST Law is the largest plaintiff’s personal injury law firm in Tennessee, with offices in Memphis, Jackson, and Knoxville. NST lawyers can answer your questions and help develop an effective legal strategy. Call today and let us put our knowledge, resources, and experience towards your case.