Nursing home abuse and neglect is a far too common problem affecting long-term care patients and their families. As some of the most vulnerable citizens in our society, nursing home residents are often powerless to defend themselves against, or even report, violence or neglect. A Kentucky nursing home abuse attorney can help victims and their families seek compensation for harms suffered through the filing of Kentucky nursing home neglect lawsuit.
If you or a loved one has suffered from nursing home abuse or neglect, contact Attorney Group for Kentucky for more information about your options. We provide free, no obligation, confidential consultations. We can help answer your questions, and if you choose to pursue a claim we can connect you with an affiliated Kentucky nursing home abuse attorney who can assist you throughout the legal process.
Kentucky Nursing Home Abuse News
November 20th, 2014 – One of the nation’s largest nursing home chains agreed to pay $38 million to settle federal lawsuits that the company inappropriately billed for physical therapy and provided poor care that was “effectively worthless,” the Department of Justice (DOJ) reported. The agreement reached in October 2014 is the largest failure of care settlement with a nursing chain in DOJ history and involves the attorneys general in several states, including Kentucky.
October 2011 – The Lexington Herald-Leader reported that a Fayette Circuit Court jury in a lawsuit ruled that a Lexington nursing home should pay more than $1 million in damages to a resident who fell and was found severely injured in an equipment storage room.
November 2010 – A Hopkins County jury awarded $42.75 million to a man’s family that sued a Madisonville nursing home, saying the home’s neglect led to the man’s death, according to lawsuit documents as reported by the Lexington Herald-Leader.
What is Kentucky Nursing Home Abuse and Neglect?
According to information provided by the Kentucky Attorney General, there are more than 300 nursing homes in Kentucky that help care for more than 23,000 residents. That number is expected to dramatically increase in the near future as the state’s baby boomers age.
Many of the residents in nursing homes receive quality care from skilled professionals, but it is estimated that 5 million seniors are abused each year in the United States, and that 84% of all elder abuse cases are never reported to authorities. When nursing home abuse and neglect is reported, affected patients and their families may be able to seek compensation in a Kentucky nursing home neglect lawsuit.
The Attorney General also notes that nursing home abuse has been defined as the intentional infliction of injury or pain on a nursing home resident. It can include physical, mental, verbal, psychological, sexual, unreasonable seclusion, intimidation, and other forms of abuse. Often, more than one form of abuse occurs at the same time.
Kentucky Nursing Home Abuse
Some indicators of Kentucky nursing home abuse, attorneys note, include:
- Physical abuse from a staff member, other resident, or an intruder or visitor from outside the facility can include:
- Hitting, pinching, or shoving
- Scratching, slapping or spitting
- Bruises or broken bones from careless transfers
- Rough handlings during care giving, medicine administration or moving a resident
- Spinal fracture.
- Psychological, emotional or verbal abuse is the infliction of mental pain or anguish which is caused by:
- Cursing the resident
- Berating, ignoring, intimidating or ridiculing
- Threats of punishment or deprivation
- Demeaning or controlling behavior
- Sexual abuse, including improper touching or coercion to perform sexual acts when resident does not give or is not capable of giving consent, as indicated by:
- Unexplained injury, redness or bruising to private parts or mouth
- Expressions of fear toward a particular person
- Medical finding of sexually transmitted disease
- Sudden unexplained onset of urinary tract infections
- Unexplained shame, fear or embarrassment
- Allegations of abuse made by the victim
Residents who have sustained any type of abuse as noted above are encouraged to seek the counsel of a Kentucky nursing home abuse attorney to learn more about their rights and options.
Kentucky Nursing Home Neglect
According to the Attorney General, Kentucky nursing home neglect occurs when an adult is unable to perform or obtain for himself the goods or services that are necessary to maintain his health or welfare, or the deprivation of services by a caretaker that are necessary to maintain the health and welfare of an adult. Neglect may be intentional or unintentional. For example, a caring aide who is poorly trained may not know how to provide proper care. Regardless of whether the neglect is intentional or unintentional, it is still against the law.
Some indicators of Kentucky nursing home neglect include:
- Substandard care, which often results in one or more of the following conditions:
- Loss of bowel or bladder control
- Bed sores
- Failure to turn or reposition resident on a regular schedule, including use of physical restraints or over medication, which leads to:
- Limb contractures
- Skin breakdown (bed sores)
- Lack of toileting or changing of disposable briefs, which causes:
- Loss of bowel or bladder control, resulting in residents sitting in urine and feces
- Increased falls and agitation
- Skin breakdown
- Persistent odor of urine or feces
- Unmet personal or medical needs:
- Inappropriate clothing
- Poor hygiene
- Incorrect use or administration of medicine
- Poor or absent oral hygiene, which leads to:
- Tooth decay
- Oral infections
- Loose teeth
- Lack of assistance with eating and drinking or inadequate or improperly prepared food, which leads to:
- Weight loss
- Lack of assistance walking/moving, which leads to lack of mobility.
- Poor hand washing techniques, which leads to infection.
- Withdrawal or isolation, which may be caused by the failure to provide assistance and/or encouragement in participating in activities of interest.
- Ignoring call bells or cries for help.
Kentucky nursing home abuse attorneys can help residents who have suffered from neglect.
Kentucky Nursing Home Neglect Lawsuit
Nursing home owners and operators have a duty to provide for the care and safety of their residents. If they allow residents to suffer nursing home abuse or neglect, they could be held liable in a Kentucky nursing home neglect lawsuit for injuries that may result.
Residents who are injured though abuse or neglect may be entitled to compensation for damages, including:
- Medical expenses
- The permanency of the injury
- Pain, suffering, and mental anguish
- Scarring or disfigurements caused by an injury or treatment for the injury
If a resident dies as a result of nursing home abuse or neglect, family members may be entitled to compensation for the wrongful death of their loved one, including:
- Conscious pain and suffering of a loved one prior to death
- Pain, suffering, and mental anguish from the loss of a loved one
- Funeral expenses
Injured patients, as well as the families of those who have died as a result of nursing home abuse or neglect, are encouraged to seek the advice of a Kentucky nursing home abuse attorney to learn more about their rights and remedies.
Other Kentucky Nursing Home Abuse and Neglect Information
Kentucky nursing home abuse attorneys note the following guidance offered by the Attorney General in cases where a loved one has died and nursing home abuse or neglect is suspected:
If you suspect your loved one’s death is the result of abuse or neglect, report your suspicions immediately to Adult Protective Services, the Office of the Inspector General, the Office of the Attorney General and local law enforcement at the numbers given in this booklet.
Before the body is removed to the funeral home, request that the coroner examine the body for any signs of abuse or neglect. Ask the coroner to request an autopsy if any signs of abuse or neglect is found. (Each county has a coroner. If you cannot locate a phone number for the coroner, contact a local funeral home director.)
If the body has already been removed to the funeral home, request the funeral home director to examine the body and indicate in writing any signs of abuse or neglect. If the funeral home director believes the death is the result of abuse or neglect, he should ask the coroner for an autopsy. This should be done as quickly as possible.
Also, families should consider seeking the advice of a Kentucky nursing home neglect lawyer to learn more about the possibility of pursuing a Kentucky nursing home neglect lawsuit in order to seek compensation for the death or injury of their loved one.
Contact Us For More Information
If you or a loved one has suffered from nursing home abuse or neglect, contact Attorney Group for Kentucky for more information. You can fill out the form on this page, call us at the number listed at the top of the page, or email us at [email protected].
When you contact us, an attorney will follow up with you to speak with you about your case or answer questions that you might have. There is no cost or obligation to speak with us, and any information you provide will be kept confidential.
Please note that the law limits the time you have to pursue a claim or file a lawsuit for an injury. If you think you have a case, you should not delay taking action.
See our Frequently Asked Questions page for more information, and contact Attorney Group for Kentucky today.