Nursing home abuse is a grave and often underreported issue that affects thousands of elderly residents in Lexington and across the country. Families trust nursing homes to provide safe and compassionate care, and discovering that their loved one has been mistreated can lead to feelings of guilt, frustration, and confusion.
In these cases, seeking legal assistance from a skilled Lexington nursing home abuse lawyer is essential. An experienced attorney can help families navigate the legal system, hold nursing homes accountable, and ensure that elder abuse victims receive the compensation they deserve.
At Nursing Home Law Center, we are dedicated to obtaining justice and fair compensation for those affected by nursing home abuse. Our skilled legal team has a strong history of handling these cases, achieving substantial settlements and verdicts for our clients.
We take a comprehensive approach to every case, thoroughly investigating all forms of abuse to ensure that every aspect—such as medical expenses, emotional suffering, and other damages—is properly addressed. With our extensive experience in nursing home abuse claims, we can handle even the most challenging cases.
Nursing home abuse occurs when the health, safety, and dignity of residents are violated by those entrusted with their care. It can manifest in various forms, all of which can have devastating effects on the victims and their families.
Our Lexington nursing home abuse lawyers are well-versed in handling different types of abuse cases. Below are the most common forms of abuse we address:
Physical abuse involves any form of physical harm or injury inflicted on a resident. This can include using physical force, such as hitting, pushing, or even excessive use of restraints.
Mental and emotional abuse can be just as damaging as physical abuse. This type of abuse involves verbal attacks, threats, humiliation, and psychological abuse that deteriorates the victim’s emotional well-being.
Sexual abuse in nursing homes is an abhorrent violation of a resident’s trust and dignity. It includes any non-consensual sexual contact or harassment by nursing home workers or other individuals in the facility. Victims of sexual abuse often face not only physical trauma but also deep emotional and psychological scars.
Medical errors and negligence in nursing facilities can lead to significant harm. Common examples include bedsores, improper administration of medication, and failure to provide timely medical attention.
These acts of medical neglect can result in severe health complications for nursing home residents, often leaving them in worse condition than when they entered the facility.
Nursing home neglect occurs when residents’ basic needs, such as personal hygiene, adequate food, hydration, and medical care, are met. Neglect can lead to serious health issues, such as malnutrition, dehydration, and infections. In extreme cases, residents may wander away from the facility (elopement) due to inadequate supervision.
Financial exploitation involves the unauthorized or improper use of a resident’s funds or property. This can include theft, misuse of bank account information, or coercion into changing legal documents. Many elderly adults are vulnerable to financial abuse because they may not be fully aware of what is happening or have the ability to protect themselves.
In the most tragic cases, nursing home abuse and neglect can result in the death of a resident. This could be the result of physical violence, severe neglect, or failure to provide critical medical care. In cases of wrongful death, families have the right to pursue legal action to hold the responsible parties accountable.
Nursing home residents are entitled to a range of protections under federal and state laws, which ensure they receive proper care and are treated with dignity.
One of the most important federal protections is the Nursing Home Reform Act of 1987, which sets nursing home care standards nationwide. The act mandates that nursing home residents have the right to live in a facility that promotes their well-being, protects them from abuse, neglect, and exploitation, and maintains their quality of life.
In addition to federal laws, each state, including Kentucky, has regulations governing nursing home facilities.
The Kentucky Cabinet for Health and Family Services oversees the licensing and regulation of nursing homes. Kentucky law ensures that residents have the right to be free from physical abuse, sexual abuse, and neglect and establishes standards for care.
The state also requires facilities to report any suspected abuse to Adult Protective Services to ensure immediate intervention when necessary.
In cases of nursing home abuse and neglect, the elderly adult who has suffered the abuse can initiate legal proceedings. However, if the resident cannot due to incapacitation or other limitations, specific individuals can file a claim on their behalf:
Liability often extends beyond just the individual who directly caused harm.
Multiple parties can be held accountable, depending on the circumstances of the abuse and the level of responsibility each party had in ensuring the safety of nursing home residents.
Identifying all responsible parties is critical for holding them accountable and securing total compensation for nursing home abuse victims.
At the Nursing Home Law Center, our nursing home abuse attorney team deeply understand the complexities surrounding these cases.
We have a proven track record helping residents and their families hold negligent facilities accountable. With extensive experience in Kentucky nursing home abuse claims, we offer comprehensive legal services to ensure your case is handled thoroughly and effectively.
We start by offering a free consultation to discuss the details of your case. This initial meeting allows our nursing home abuse lawyers to assess the situation, understand the potential for legal recourse, and provide guidance on the best course of action.
We are committed to making this process as straightforward as possible, without any obligation to move forward unless you feel comfortable.
Our law firm conducts a meticulous investigation into your case to uncover all instances of neglect or abuse. This includes gathering medical records, reviewing residents’ medical histories, speaking with witnesses, and examining the facility’s compliance with federal and state laws.
Our thorough investigation ensures that no aspect of the abuse is overlooked and that all responsible parties are identified.
Once we have collected all the necessary evidence, we file the claim. This involves preparing and submitting the required legal documents, outlining the abuse or neglect your loved one suffered, and detailing the compensation sought for damages, including medical expenses, emotional suffering, and more.
Our team ensures all deadlines are met and your claim is filed per Kentucky law.
Many nursing home abuse cases are resolved through settlement negotiations before going to trial. Our attorneys are skilled negotiators and will work tirelessly to secure the best possible outcome for your case. We’ll engage with the facility’s insurance company and legal team to reach a fair settlement that fully compensates you for your losses.
Our attorneys are fully prepared to take your case to trial if a fair settlement cannot be reached. We have successfully represented numerous clients in court, achieving significant verdicts in cases like yours. While we always strive to resolve cases through negotiation, we will not hesitate to fight for your rights in court if necessary.
Of Lexington’s 27 Medicare-approved nursing homes, 12 facilities (44%) struggle with their overall ratings. Specifically, 11 nursing homes (41%) fall short in health inspections, and 15 facilities (56%) have inadequate staffing. Eight nursing homes (30%) rated poorly in quality measures. [1]
The worst-rated nursing homes in Lexington include:
Recognizing the signs of elder abuse is critical to ensuring the safety and well-being of your loved one. Abuse in Kentucky nursing homes can often go unnoticed, especially when the victim is unable or unwilling to communicate their experience.
There are several warning signs that family members and caregivers should be aware of. If you suspect nursing home abuse, it is important to act quickly to protect your loved one and seek legal assistance.
Identifying these signs early can reduce the alarming numbers found in nursing home abuse statistics. If any of these signs are present, it’s essential to take immediate action to investigate and stop the abuse.
If you suspect abuse or neglect in a Lexington, Kentucky, nursing home, it’s crucial to take immediate action to protect your loved one and ensure their safety. Here are the steps you should take:
When pursuing a nursing home abuse claim, neglect victims and their families may be entitled to various types of compensation. These damages are designed to cover the physical, emotional, and financial losses suffered due to the abuse or neglect. Depending on the circumstances, you may recover economic, non-economic, and punitive damages.
Economic damages compensate for the quantifiable financial losses incurred due to the abuse. These damages are intended to restore the victim to the financial position they would have been in had the abuse not occurred. Examples of economic damages include:
Non-economic damages are intended to compensate for the emotional and psychological suffering caused by the abuse. While these damages are not easily measurable, they represent a significant part of the harm experienced by nursing home abuse victims. Examples include:
The court may award punitive damages in cases where the abuse or neglect was particularly egregious. These damages are meant to punish the assisted living facility or individual responsible for the abuse and deter similar behavior in the future.
At the Nursing Home Law Center, we understand that financial concerns can be a significant barrier for families. That’s why our Lexington nursing home abuse lawyers work on a contingency fee basis. You will not pay any upfront fees for our legal services. Instead, we only collect a fee if we successfully recover your compensation.
If you suspect that your loved one has been a victim of nursing home abuse in Lexington, it’s important to act quickly. Kentucky law imposes a statute of limitations on cases, which is the time limit for filing a legal claim.
In Kentucky, the general statute of limitations for nursing home abuse and neglect claims is one year from the date the abuse was discovered or reasonably should have been discovered. However, certain circumstances may affect this timeline, such as cases involving wrongful death, where the time limit may differ.
Failing to file a claim within the statute of limitations could result in losing your right to seek compensation for the abuse. By consulting with a Lexington nursing home abuse lawyer as soon as possible, you can ensure all legal deadlines are met and your case is filed within the appropriate timeframe.
At the Nursing Home Law Center, our dedicated team of Lexington, Kentucky, attorneys has extensive experience in representing victims and their families in nursing home abuse cases.
We are committed to securing justice, holding negligent parties accountable, and recovering the compensation you deserve. With a track record of successful outcomes and a compassionate approach, we provide the support you need during this difficult time.
If you suspect that your loved one has suffered from nursing home abuse or neglect, don’t wait to take action. Contact us today for a free consultation, and let our experienced law firm guide you through seeking justice and protecting your loved one’s rights.
Call us at (800) 926-7565 or fill out our contact form.
References: [1] Medicare