Did you or a loved one suffer harm from nursing home neglect or abuse? If so, the affiliate Kentucky personal injury attorneys at Nursing Home Law Center could help you recover fair financial compensation for your family’s losses.
Call our Covington nursing home abuse lawyers at (800) 926-7565 (toll-free phone number) to schedule a free consultation. Any sensitive or confidential information you disclose will remain safe under an attorney-client relationship.
What Is Nursing Home Abuse?Nursing home abuse is a single or repeated act that causes physical, psychological, or financial harm to a resident. It can result from negligence, carelessness, or malicious intent of employees, visitors, or other residents.
Elder AbuseElder abuse is a single or repeated act or lack of action that causes harm to a person aged 60 and above. It can occur in any relationship with an expectation of trust, such as in a caregiver relationship.
Since over 90% of nursing home residents are senior citizens, elder abuse is the most common type of mistreatment in nursing homes.
State and Federal Nursing Home Abuse LawsThe 1987 Nursing Home Reform Act defines what services nursing homes and other residential care facilities must provide residents and establishes standards for these services. This law aims to protect the legal rights of nursing home patients, including:
The Kentucky government also incorporated these rights into Kentucky Regulatory Statutes.
Most Common Forms of Nursing Home AbuseFamiliarizing yourself with common forms of abuse can help you prevent it from happening to your loved one. Nursing home abuse can occur in many ways, including:
Physical AbusePhysical assault or abuse involves the deliberate use of force against a resident, causing physical pain, injury, or impairment. It includes but is not limited to:
Signs of Physical Abuse
Psychological abuse, also known as mental or emotional abuse, involves verbal and non-verbal acts that cause psychological harm to a nursing home resident, such as:
Signs of Mental or Emotional Abuse
Sexual assault or abuse is any non-consensual sexual act done to a resident, including individuals who cannot give valid consent (e.g., a mentally-disabled patient). It can take many forms, including but not limited to:
Signs of Sexual Abuse
Financial abuse is the illegal, unauthorized, or improper use of a resident’s personal property, including money and assets. It can occur in many ways, including:
Signs of Financial Abuse
Neglect occurs when nursing home staff fails to provide a patient’s basic needs, including food, medication, clothing, personal hygiene, and medical care, creating or increasing the risk of harm to a patient.
Signs of Neglect
Some nursing home residents are more vulnerable to mistreatment than others, including:
Many nursing home abuse victims suffer severe and long-term consequences from the mistreatment, including:
Elderly residents suffer the worst due to increased physical and mental vulnerability. Physically abusing or neglecting an older person can easily lead to severe injury, illness, and even death.
Causes of Nursing Home Neglect and AbuseMistreatment is more likely to occur in poorly-performing nursing homes with the following problems:
If your loved one is in a nursing home with these issues, consider transferring them to a facility with more labor and resources to provide quality care to all residents.
How to Report Nursing Home AbuseCall the police to report known or suspected abuse in a Covington nursing facility. But if you think your loved one or another resident is in immediate danger, call 911.
You can also contact the following Kentucky agencies:
State and local governments may revoke or suspend the licenses and certifications of negligent Covington nursing homes. In addition, local law enforcement may file criminal charges against individuals found guilty of violence against disabled or elderly residents.
After you file a formal report to proper authorities and remove your loved one from the potentially dangerous situation, hire attorneys.
Filing a Covington Nursing Home Abuse ClaimNursing home laws require nursing homes to protect all their residents from mistreatment. Failure to prevent nursing home residents from suffering harm at the hands of employees, visitors, or other residents may serve as grounds for a personal injury claim or lawsuit.
Did you or a loved one experience abuse or neglect in a nursing home, assisted living facility, or long-term care facility? If so, you have the legal right to seek compensation for unnecessary pain and suffering.
Who Can File a Case?Victims of nursing home abuse can take legal action on their own. If this is not possible, their family members can file a personal injury case against the facility on their behalf.
If the victim dies directly from the mistreatment, their surviving family members can pursue damages through a wrongful death case.
The Role of Your Nursing Home Abuse LawyerHiring a skilled lawyer is the key to recovering fair compensation from a negligent Covington nursing home. Aside from being your personal representative, your Covington nursing home abuse attorney will help you:
Our nursing home abuse lawyers will help you determine who is at fault for the injustices against your loved one. In many cases, claims are made against multiple parties, such as:
Nursing home administrators could be liable for abuse, neglect, or mistreatment in their facilities, even if only a single employee or resident is responsible.
EvidenceSubstantial evidence is crucial for personal injury cases that involve negligence. Your nursing home abuse attorney will help you collect documents to prove the liability of the at-fault nursing home, including:
Ask your Covington nursing home abuse lawyer about the evidence you need to collect during your free case evaluation.
DamagesNursing home abuse victims and their family members could seek compensation for economic and non-economic damages, including:
Many personal injury claims settle out of court to avoid expensive legal fees and drawn-out trials. However, not all claims are successful.
Your attorney will negotiate the settlement value on your behalf. However, if negotiations are unsuccessful or the nursing home refuses to take responsibility, it may be in your best interest to file a civil lawsuit.
If your case goes to civil court, a judge or jury will hear evidence from both sides and decide if the defendant should pay you in compensation. Your attorney will walk you through your legal options if your case needs to go to court.
The Statute of LimitationsKentucky residents have one year to file a personal injury lawsuit according to Kentucky Revised Statutes section 413.140(1)(a). The judge may grant an extension to exceptional circumstances, e.g., if the victim is of “unsound mind.”
Filing a lawsuit as soon as possible is crucial. The court may refuse to hear your case if you miss the deadline. Even if you try to file a lawsuit, the defendant could file a motion to dismiss, which will likely be granted unless there are rare exceptions in your case.
Talk to an attorney to see how much time you have left to file your lawsuit. If exceptional circumstances in your case could grant you an extension, they will guide you accordingly.
Hire an Experienced Covington Nursing Home Abuse Lawyer for Your CaseThe abuse, neglect, or mistreatment of a disabled or elderly resident is against the law. Unfortunately, too many negligent nursing homes get away with it.
Don’t let your case go unresolved. If you or a loved one suffered nursing home abuse, take legal action with the help of an experienced attorney. The Covington nursing home abuse lawyers at Nursing Home Law Center, LLC are ready to fight for your legal rights and recover fair compensation for you and your loved ones through litigation or an out-of-court settlement--whatever it takes.
Contact our offices at (800) 926-7565 for a free case evaluation. All sensitive information our clients share with our nursing home abuse lawyers will remain confidential under an attorney-client relationship.
Our affiliate attorneys handle all accepted cases on a contingency basis, meaning our services are free unless our lawyers recover financial compensation for our clients.
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