Nursing Home Negligence Lawsuit Filed Against Extendicare

Nursing Home Negligence Lawsuit Ricky Hamilton, the husband of Kimberly Hamilton, has filed a nursing home negligence lawsuit against Kenwood Nursing Home and the facilities parent company, Extendicare in Madison Circuit Court.  The lawsuit alleges the nursing home deviated from acceptable standards of care and failed to maintain a safe environment.  The lawsuit made a ‘jury demand’ and seeks an award of medical expenses, attorney fees and punitive damages.

Kenwood Nursing Home is part of the Richmond Health and Rehabilitation Complex in Richmond, Kentucky.  The facility has has several smalling nursing homes on the property including Kenwood and Madison Manor.

Madison Manor has a well-documented history of problems.  In 2008, the facility received a Type-A citation from the Cabinet for Health and Family Services after officials obtained a copy of a video documenting abuse of a resident.  Following disclosure of the video, 9 staff members were fired and a new training program was implemented for the staff.

Nursing home ombudsman Kathy Gannoe, said her agency received 26 complaints regarding 14 Madison Manor residents in 2008.  After investigating each claim, Gannoe determined 80% of the charges were verified.

Amazingly, the Kentucky nursing home had even more complaints in 2007.  In 2007, nursing home ombudsmen investigated 56 complaints relating to 26 residents. According to Gannoe, 96.5% of the complaints were verified and one-quarter of the complaints were referred to law enforcement.

About Extendicare

Extendicare Homes Inc. is headquartered in Milwaukee, WI.  The company was recently named in a class action lawsuit for violating consumer-protection laws by advertising “quality standards above government regulations” that they failed to deliver. Extendicare is one of the largest nursing-home chains in North America. The company runs 268 facilities for up to 30,000 residents.  Nearly all of Extendicare’s nursing facilities have higher-than-average scores for health deficiencies and safety violations.

For laws related to Kentucky nursing homes, look here.

Nursing Home Abuse Blog Entries On Extendicare

Videotape Reveals Abuse In Kentucky Nursing Home

Poor Nursing Home Care Subject Of Class Action Lawsuit Against National Nursing Home Chain, Extendicare

Failure To Clean Trach Tube Leads To Lawsuit

Web Resource

Department Of Health & Human Services, Civil Remedies Division, decision involving Richmond Health & Rehabilitation Complex


0 responses to “Nursing Home Negligence Lawsuit Filed Against Extendicare”

  1. Eric says:

    I’m currently in a wrongful death lawsuit with a nursing home here in Alabama. Alabama has not set requirement for nursing home liability insurance. The nursing home only has a set limit of $100,000 for there insurance which also pay for there lawyers fees and reduce the amount to be payed out to family for the lawsuit. my question is are there ways to get to more from the company assets then just the amount of there insurance limits

  2. The situation you describe is called an ‘eroding insurance policy’, where all payouts to an injured party and the defense lawyer fees must be paid out of the policy.
    Many nursing homes and assisted living facilities are tremendously under-insured, that is– if they have insurance at all. Unfortunately the situation that you are experiencing is becoming more and more common.
    Shell corporations, frequently set up outside of the country, also allow nursing home owners to shelter their assets from a viable recovery. If Alabama laws do allow the individual owners of the facility to be named in the lawsuit, there is a possibility that you may be able to recover more than the policy limits (or whats left after defense lawyer fees). An experienced nursing home lawyer should be able to determine the viability of such an action including the collectability of a judgement against the nursing home.
    Best regards and good luck!

  3. Rebecca says:

    I am deeply concerned. I contacted an attorney some 4 months ago to look into the death of my mother at the hands of a local nursing home. They didn’t monitor her medication levels and let them get out of control. She also suffered from a UTI so long that it set up sepsis which ultimately shut down her kidneys and took her life the same day they decided to take her to the ER. The proof is available that they didn’t adequately regulate her medicine and the lab work proves she was not only severely dehydrated but also malnutritioned at the time of admittance to the ER. I am unable to find out exactly what is going on other than the generic run around about talking to other attorney’s and this and that. Do you think I am being impatient or should a suit already be filed?

  4. Hi Rebecca-
    I understand your frustration! Unfortunately, filing a lawsuit against a nursing home is not as easy as walking into court and filing a lawsuit. First, records and bills likely need to be obtained from both the nursing home and related medical facilities. Then the records need to be reviewed by attorneys and staff. Some jurisdictions require the case to be reviewed by an physician or other professional— prior to filing suit.
    As you can tell, particularly in cases with extensive medical records— there really is quite a bit of work that needs to be completed before initiating a lawsuit.
    However, regardless of the status of the evaluation, your attorney should be able to provide you with an update as to what is being done on the case.
    good luck. Jonathan

  5. m andersen says:

    i worked at heritage nursing home in port washington for many years and terminated my employment with them due to inadaquate management which is in place there. many concerns, and complaints were not addessed, numerous things are covered up or masked, by management, and the quality of care provided for the residents is very poor. i could not continue to work for this facility, which is why i chose to leave. this facility needs to be randomly investigated, which i hope will lead to a resolution.

Justia Lawyer Rating for Jonathan Rosenfeld

Client Reviews

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric