legal resources necessary to hold negligent facilities accountable.
Kentucky Nursing Home Abuse Lawyer
Do you suspect that your loved one is the victim of abuse or mistreatment in a nursing Center? If so, contact the Kentucky Elder abuse lawyers at Nursing Home Law Center at (800) 926-7565 today. Schedule a free case evaluation to discuss your compensation case.
Societal Issues Hurting the Elderly
Statistics reveal that caregiving abuse and neglect are societal issues growing more problematic every year. Instead of providing optimal care, many nursing homes try to skirt around federal and state laws to exploit residents for their financial resources and provide them with inadequate staffing levels.
According to Medicare, 287 Kentucky nursing homes are regularly monitored through inspections, surveys, and investigations. The federal agency states that 115 (forty percent) of all statewide nursing facilities are below average with identified serious violations and deficiencies than all other nursing homes nationwide.
An Elder Care Abuse Attorney Can Help
Was your loved one injured, abused, mistreated, or die unexpectedly from a lack of proper care while residing in a nursing facility? If so, we encourage you to contact the Kentucky personal injury attorneys at Nursing Home Law Center at (800) 926-7565 to discuss your claim for compensation during an initial case review.
Let us begin working on your case today to ensure your family receives monetary recovery for your damages.
Nursing Center Abuse Injury FAQs
What Is Abuse in Nursing?
According to the Agency for Health Care Research and Quality (AHRQ), the seven different forms of elder abuse include physical assault, emotional abuse, sexual assault, neglect, self-neglect, abandonment, and financial exploitation. Individually, these abusive cases involve:
- Physical assault where the victim is injured and requires hospitalization or emergency treatment due to broken bones, fractured hips, cuts, lacerations, traumatic brain injuries, and contusions
- Emotional abuse where the victim is reluctant to speak in the presence of staff members, administrators, family members, friends, visitors, or other residents
- Sexual assault involving unexpected sexually transmitted diseases, rape, sodomy, inappropriate touching, shared pornography, unexplained bleeding of the genitals or anus
- Neglect where the victim develops facility-acquired pressure sores, experiences rapid weight loss/gain (malnutrition), dehydration, asphyxiation, elopement (wandering away), or lives in unclean, unsanitary conditions.
- Abandonment when the nursing staff, family members, or staff members fail to provide the resident with everyday necessities, including shelter in a safe environment
- Self-neglect where victims choose to isolate themselves from others or are reluctant to speak to nursing staff. However, the isolated seclusion might be the result of unreasonable physical restraints or heavy use of unauthorized psychotropic medications
- Financial exploitation where caregivers, nursing center employees, visitors, other residents, friends, and family members have unauthorized or illegal access to the victim's belongings, bank accounts, cash, or credit cards
What Is the Statute of Limitations for Nursing Home Abuse?
Legislators in every state have enacted laws, including the statute of limitations, to restrict the length of time victims could file a civil lawsuit against those that caused them harm. Typically, the statute of limitation mandates that all civil action must be initiated within two years from the date of the harm.
However, specific circumstances could extend the statute of limitations time frame based on the case's unique circumstances. Only an attorney specializing in personal injury cases can determine if there is still adequate time to seek compensation.
What Is Passive Neglect?
Nursing staff could harm residents through passive and active neglect. The differences between the two include:
- Passive Neglect is defined as the caregiver's unwilful failure to meet the patient's needs because of inadequate training, knowledge, infirmity, or dispute over what services should be provided.
- Active Neglect is defined as the caregiver's willful failure to meet the resident's needs that might involve not providing food, shelter, clothing, medical care, long-term services, a safe environment, or help with daily living activities.
Can Nursing Homes Take All Your Money?
Residing in a nursing facility without supplemental insurance could quickly drain a resident's lifetime-accumulated savings. According to the CDC (Centers for Disease Control and Prevention), nearly 1.5 million Americans live in nursing facilities, with an estimated growth to twenty-seven million patients by the middle of the century.
Assisted living patients can seek help through Medicare and Medicaid services to offset the costs of daily care. However, forming a life estate and establishing a revocable trust could help ensure that a loved one's property and assets are protected, no matter what the future holds.
What is the Most Common Form of Elder Abuse?
According to the National Institutes of Health, the most common types of elder abuse in nursing facilities include:
- Physical abuse that might involve pushing, slapping, burning, shaking, shoving, hitting, bruising, broken bones, or battery
- Sexual assault involving rape, sodomy, unwanted touching, sexual battery, or assault, unexplained anal or vaginal bleeding, coerce nudity, sexually transmitted disease, sexual intimidation, torn or stained underwear
- Psychological/emotional abuse involving humiliation, threats, intimidation, verbal assault, harassment, insults, pain, and discomfort caused by verbal and nonverbal acts
- Neglect involving a failure to provide the resident with life's necessities, including food, liquid, clothing, shelter, hygiene assistance, medical care, and prescription medications
- Financial exploitation where staff, family, friends, and other residents have illegal access to the victim's bank cards, savings accounts, credit cards, cash, and belongings
The statistics indicate that Louisville nursing facilities have ongoing food sanitation issues, care plan development issues, and accident-prone environments. Over thirty-eight percent of all Kentucky nursing centers serve unsanitary meals to patients every year.
About thirty-seven percent of statewide nursing facilities create a hazardous environment, and twenty-four percent of caregiving centers fail to develop adequate care plans for residents. If you feel that your loved one has been the victim of nursing home abuse, neglect, or exploitation, then you can speak with KY nursing home attorneys today about the rights of your loved one.
Eldercare Abuse Laws in Kentucky
The primary source of authority for handling senior home abuse and neglect claims is the Protection of Adults Act. This Act outlines the reporting methods, definition of abuse, and obligations that caretakers have in treating nursing home residents.
The Kentucky Cabinet for Health and Human Services also has an Adult Protection Branch that exclusively deals with complaints of abuse and Neglect. Family members can also call the Adult Abuse Hot Line at 1-800-752-6200 if they suspect that a loved one has been the victim of abuse or Neglect.
The KY Office of Ombudsman is also available to assist family members during this difficult time. If you are a family member who feels that you have not had your issue resolved, then the Office of Ombudsman might be the last resort for you.
Emergencies involving abuse and neglect must be reported to the local law enforcement authorities. As soon as this abuse is reported, law enforcement authorities will determine how to proceed. Patients might need to be transported to new facilities as the alleged abusers are investigated at a nursing home facility.
Pay Attention to Signs of Neglect and Abuse
Family members should always trust their gut feelings and intuition regarding suspicion of abuse or neglect. A gut feeling is usually right on point, and family members can prevent any further abuse by filing a report and removing the vulnerable adult from the harmful situation.
Even if there are no physical signs of abuse, there might be other types of abuse impacting a resident. They might be the victim of verbal abuse and display signs of anxiety or depression. Employees might be stealing the personal belongings of an older adult.
Administrators might be exploiting the individual by taking away his or her financial assets from an account. These are all unfortunate scenarios in which abuse, and exploitation could become realities for a nursing home resident.
It is up to family members to stand up for what is right and seek legal help immediately. Seeking legal help will ensure that the rights of a loved one are always protected.
There are indicators that a loved one is the victim of physical abuse, emotional abuse, or sexual abuse. Typical forms of abuse include:
- Swelling and bruising
- Scratches on the facial area
- Unexpected weight loss caused by malnutrition
- Open cuts and wounds
- Fractured or broken bones
- Pain throughout the body
Family members should pay attention to these physical signs of abuse and take action as necessary.
Contact Kentucky Senior Home Abuse Lawyers Today
Louisville nursing home attorneys are available to meet with you to discuss your injury case today and provide legal advice. Take the time to speak with a lawyer about scheduling an initial consultation for your concerns. Our attorneys are here to help families and residents throughout the state in areas including:
- Bowling Green Nursing Home Attorneys
- Covington Nursing Home Attorneys
- Elizabethtown Nursing Home Attorneys
- Florence Nursing Home Attorneys
- Georgetown Nursing Home Attorneys
- Hopkinsville Nursing Home Attorneys
- Lexington Nursing Home Attorneys
- Louisville Nursing Home Attorneys
- Owensboro Nursing Home Attorneys
- Richmond Nursing Home Attorneys
It might only take a few weeks to have your serious issue resolved in a way that is beneficial for you and your loved one. End the abuse and see how a Louisville nursing home lawyer can help your case today.
Kentucky Nursing Home Abuse Lawyers Serving Victims of Skin Breakdown, Pressure Sores & Decubitus Ulcers
Detecting that a patient in a nursing home is suffering skin breakdown is usually the first indicator of Neglect that might be caused by malpractice by the staff or facility. Because nearly every type of bedsore (decubitus ulcer; pressure sore; pressure ulcer) is avoidable, a developing wound is usually a sign that the staff is inattentive, uncaring, or poorly trained.
Unfortunately, these types of wounds are often the underlying cause of many patient deaths in nursing homes. The Lexington pressure wound attorneys at Nursing Home Law Center LLC appreciate the dangers of pressure sores and regularly represent individuals and families in lawsuits against nursing homes and hospitals where wounds originated or worsened.
A developing skin ulcer is never the fault of the patient. The patient is typically the victim of improper monitoring or ineffective treatment. Pressure wounds usually occur in patients who are bound to a wheelchair or bedridden without the ability to move on their own.
Their immobility makes it impossible for them to adjust their body on their own to alleviate pressure during the beginning stages of pressure sores.
Sometimes, the managing administrators will deny that nursing home employees are liable and instead claim that facility-acquired pressure wounds are just a side effect of old age. However, this claim is not valid.
In some incidences, the nursing facility will attempt to discharge the patient to avoid civil action by merely passing the responsibility of a developing sore to another nursing home, hospital, or at-home caregiver.
Pressure Sores: A Preventable Medical Condition
A pressure sore is damaged tissue and skin that developed from sustained pressure to a specific body area. It usually occurs because of restricted mobility when lying in bed or bound in a wheelchair. The pressure cuts off circulation to essential parts of the body, where the lack of oxygen can quickly kill tissue and cause permanent damage.
A serious pressure wound is nearly always an avoidable condition. Relieving pressure from the body part is usually required to allow oxygen to be restored to the area. However, when the wound is left unattended or provided inadequate treatment, it can advance to a debilitating stage.
While a Stage I skin ulcer usually produces skin inflammation and fluid-filled blisters, advancing stages (Stage III and IV) tend to open the wound forming a deep crater, which often exposes muscle and bone.
If the wound becomes infected, the bacteria can create life-threatening conditions, including osteomyelitis (infection of the bone) or sepsis (infection of the blood). In its most advanced age, the infection is extremely challenging to control and often leads to the patient's unnecessary death.
Negligence is nearly always the primary cause or underlying condition when patients die of advanced stage pressure sores.
Legal Options After Developing Skin Ulcers at a Louisville Nursing Home, Hospital, or Assisted Living Facility
Hiring a KY pressure ulcer attorney can help stop the negligence immediately. A reputable attorney specializing in malpractice cases can report the abuse to caregiving regulatory agencies. The law firm can assist the family in hiring medically trained specialists dedicated to treating debilitating pressure sores.
The lawyers can also file a claim or lawsuit against the long-term care facility for financial compensation to cover the cost of essential treatment along with recompense for the family and victim's pain, suffering, and grief.
If you are looking for an attorney to assist with the investigation or prosecution of a nursing rehab abuse case involving pressure sores or another injury, visit the pages below:
- Lexington Pressure Sore & Nursing Home Attorneys
- Louisville Eldercare Abuse & Skin Ulcer Lawyers
- Fayetteville Pressure Ulcer & Nursing Home Neglect Attorneys
- Covington Nursing Home Neglect & Pressure Ulcer Attorneys
- Bowling Green Nursing Home & Pressure Sore Lawyers
Nursing facilities are duty-bound to provide the best care to patients through highly trained attending physicians and staff members. When the nursing facility is slow to respond to the medical needs of treating your loved one's pressure ulcer, it is essential to contact a senior home abuse attorney before it is too late.
Complete the form to contact the reputable legal professionals listed below. These law firms handle nursing home negligence cases on contingency, where their services are paid through an out-of-court settlement or trial award.
Hiring a Kentucky Nursing Home Abuse Lawyer
The attorneys will take every necessary action to stop the negligence immediately and ensure that your loved one receives the best medical care provided to heal their wounds. Submitting the form is the initial step to schedule a no-obligation consultation to discuss every available legal option to stop the nursing home staff and facility's negligent actions.
Contact our personal injury lawyers today or through the contact form to schedule a free consultation. All discussions with our law office about taking legal action remain confidential through an attorney-client relationship.
Our attorneys follow social distancing guidelines to prevent the spread of Covid-19 (coronavirus).
Nursing Home NegligenceSTATUTE OF LIMITATIONS
- 1 year with Discovery Rule. (KRS §413.140 – Actions to be brought within one year)
- Medical malpractice – 1 year with Discovery Rule. (KRS §413.140 – Actions to be brought within one year; KRS §413.135 – Action for damages arising out of injury)
- None. (KY Constitution §54 – No restriction on recovery for injury or death)
Wrongful DeathSTATUTE OF LIMITATIONS
- 1 year from the appointment of a personal representative. If none appointed within 1 year from death, then 2 years from the date of death. (KRS §413.140 – Actions to be brought within one year; KRS §413.135 – Action for damages arising out of injury)
- None. (KY Constitution §54 – No restriction on recovery for injury or death)
- KY Department for Public Health
- Cabinet for Health and Family Services, Elder Abuse Awareness
- Long-Term Care Ombudsman
Nursing Home Care State Law
- Protection of Adults – (KRS §209.0)