Owensboro Nursing Home Abuse Lawyer

Elder abuse is a tragic reality that affects countless vulnerable individuals in nursing homes across the country, including Owensboro, Kentucky. Families trust nursing home facilities to provide compassionate and safe care for their elderly family members, but many elderly nursing home residents experience abuse and neglect instead.

It’s important for victims and their families to seek legal help from experienced personal injury lawyers to protect their rights and pursue justice. An Owensboro nursing home abuse attorney can guide you through the legal process, ensuring that those responsible for the abuse are held accountable.

Why Hire Nursing Home Law Center

At the Nursing Home Law Center, we are dedicated to obtaining justice and compensation for victims of nursing home abuse. Our skilled legal team has a strong history of managing nursing home neglect cases with care and securing substantial settlements for our clients.

We conduct comprehensive investigations to address every aspect of the abuse, including medical expenses, emotional suffering, and other damages. With our extensive knowledge in nursing home abuse claims, we handle each case with determination, working tirelessly to protect your rights.

Types of Cases Handled by Our Owensboro Nursing Home Abuse Lawyers

Nursing home abuse involves any harm inflicted on elderly patients by staff members, other residents, or visitors. Our Owensboro nursing home abuse lawyers handle various types of elder abuse cases, including:

Physical Abuse

Physical abuse includes intentional harm, such as hitting, pushing, or using excessive force. Such abuse can result in injuries like broken bones and skin tears. It also includes improper use of restraints.

Mental and Emotional Abuse

Emotional abuse involves verbal threats or other non-physical behaviors, such as isolation, that cause emotional distress in elderly patients. This type of abuse can severely affect the mental health and well-being of an elderly nursing home resident.

Sexual Abuse

Sexual abuse in nursing homes includes any non-consensual sexual action with a resident. This is also true if they are incapable of providing consent due to age or mental capacity.

Medical Malpractice

Medical errors and negligence, such as failing to treat or prevent bed sores, making medication errors, or providing inadequate medical care, are common forms of nursing home abuse. These can lead to serious health issues for elderly patients.

Negligence

Neglect occurs when nursing home facilities fail to meet the basic needs of residents. Nursing homes are responsible for ensuring residents have proper nutrition, are hydrated, assistance with hygiene, and proper supervision. Improper supervision can lead to elopement, resulting in accidents or death. 

Financial Abuse

Financial exploitation involves the unauthorized or improper use of a resident’s assets, such as theft, fraud, or coercion to gain control over a resident’s financial resources.

Wrongful Death

In the most severe cases, nursing home abuse can lead to wrongful death. Families of victims have the right to file a claim to seek justice and compensation for their loss.

Understanding Your Legal Rights

Federal and state laws protect the rights of nursing facility residents from abuse and neglect.

The Nursing Home Reform Act of 1987 ensures that senior citizens residing in an assisted living facility have the right to receive proper care, live free from abuse, and make decisions about their care.

Additionally, Kentucky nursing homes are regulated by state laws that require facilities to provide safe and humane treatment for all senior citizens.

Eligibility to File a Claim 

If you suspect that nursing home abuse has occurred, the following individuals can file a nursing home abuse lawsuit:

• The nursing home resident who experienced the abuse
• A family member or legal guardian acting on behalf of the victim if the resident cannot
• In cases of wrongful death, the victim’s estate representative or immediate family member can file a lawsuit to seek compensation

Liability in Nursing Home Neglect and Abuse Cases 

Multiple parties can be held accountable for nursing home abuse, including:

• Nursing Home Staff Members: Individuals who directly commit physical abuse, emotional abuse, or neglect can be held liable for their actions.
• Nursing Home Facilities: If the facility fails to provide adequate staffing, training, or supervision, it can be held responsible for the abuse.
• Medical Providers: In cases involving medical malpractice, healthcare providers may also be held liable for neglecting to provide appropriate care.
• Third-Party Contractors: In some cases, outside contractors or vendors may contribute to abuse through poor services or inadequate care.

How Our Owensboro Nursing Home Abuse Attorneys Can Help

Our Owensboro, Kentucky, nursing home abuse lawyers have extensive experience handling nursing home neglect cases. We are committed to helping families seek justice and recover compensation for their elderly family members. Here’s how we can assist you:

• Free Case Evaluation: We offer a free consultation to review your nursing home abuse case and help you understand your legal options. Our law firm will assess the situation and provide advice on the best course of action.
• Case Investigation: Our legal team will conduct a thorough investigation into the abuse, gathering medical records, witness statements, and other evidence to build a strong nursing home abuse case.
• Filing the Claim: We will help you file a nursing home abuse lawsuit, ensuring that all legal documents are properly prepared and submitted.
• Settlement Negotiation: Our attorneys are skilled negotiators who will work to obtain a fair settlement for your family, ensuring that you receive compensation for medical care, pain and suffering, and other losses.
• Trial Representation: If a settlement cannot be reached, our attorneys are fully prepared to take your case to trial and fight for the justice your elderly loved one deserves.

Common Signs of Elder Abuse Among Nursing Home Residents 

Of Owensboro’s 21 Medicare-certified nursing homes, eight facilities (38%) have an overall rating that is below or much below average. Specifically, ten nursing homes (48%) fall short in health inspections, and 14 facilities (67%) have inadequate staffing levels. 6 facilities (29%) rated poorly in quality measures. [1]

The worst-rated nursing homes in Owensboro include:

• Chautauqua Health and Rehabilitation
• Majestic Care of Newburgh
• Transcendent Healthcare of Boonville
• Transcendent Healthcare of Boonville – North
• Twin Rivers Nursing and Rehabilitation Center

Recognizing the signs of nursing home abuse is essential for protecting your elderly loved one. Common signs include:

• Unexplained injuries like bruises or broken bones
• Sudden changes in behavior or withdrawal from social activities, which may indicate emotional abuse
• Poor personal hygiene or unsanitary living conditions
• Signs of bed sores or untreated medical conditions
• Sudden changes in financial status, indicating possible financial exploitation

What to Do If You Suspect Nursing Home Abuse

If you suspect nursing home abuse, follow these steps:

• Call 911 if Immediate Danger Exists: If your loved one is in immediate danger, contact emergency services.
• Report to Nursing Home Administrator or Management: Notify the nursing home facility management about your concerns and document the interaction.
• File a Complaint with Your Local Ombudsman’s Office: The Ombudsman advocates for nursing home residents and can help investigate abuse claims and mediate issues with the facility.
• Contact a Personal Injury Lawyer: Reach out to an experienced Owensboro nursing home abuse lawyer to discuss your legal options and protect your loved one’s rights.

Damages You Can Recover Through a Nursing Home Abuse Claim

Various types of compensation are available to help victims and their loved ones move on from the abuse. While money cannot heal the trauma many victims experience, it can help provide the resources you need to recover as much as possible. Many victims are eligible for economic, non-economic, and punitive damages. 

Economic damages are financial losses due to abuse or neglect. These include:

• Medical expenses, such as therapy costs
• Relocation expenses
• Lost assets, such as stolen items due to financial abuse

Non-economic damages typically include emotional and psychological harm. These include:

• Pain and suffering
• Loss of quality of life
• Mental health, such as developing anxiety

Punitive damages are often awarded in cases involving intentional abuse. These damages are meant to punish the facility or individuals liable as well as discourage similar behavior in the future.

The Cost of Hiring an Owensboro Nursing Home Abuse Lawyer

Our Owensboro, Kentucky, nursing home abuse lawyers work on a contingency fee basis, meaning you won’t pay any upfront fees. Instead, clients pay a fee when they receive compensation. 

You Have Limited Time to Take Legal Action in Owensboro

In Kentucky, there is a statute of limitations for filing nursing home abuse cases. This means you only have a limited amount of time to take legal action, typically one year from the date the abuse was discovered. Failing to file within this timeframe could prevent you from seeking justice for your loved one.

Contact an Owensboro Nursing Home Abuse Attorney Today!

At the Nursing Home Law Center, our experienced Owensboro nursing home abuse attorneys are ready to fight for your elderly loved one’s rights. We are committed to holding responsible parties accountable and helping families obtain fair compensation. Contact us today for a free consultation.

Call us at (800) 926-7565 or fill out our contact form.

References: [1] Medicare