Lexington Nursing Home Abuse Lawyer

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.

Why Hire Nursing Home Law Center

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.

Types of Cases Handled by Our Lexington Nursing Home Abuse Lawyers

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

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

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

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 Malpractice

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.

Negligence

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 Abuse

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.

Wrongful Death

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.

Understanding Your Legal Rights

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.

Eligibility to File a Claim 

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:

• Family members: Immediate family members, such as spouses, children, or legal guardians, can file a lawsuit if they suspect nursing home neglect or abuse.
• Legal guardians: If the resident is incapacitated or has been assigned a legal guardian, that person can file a claim on their behalf.
• Estate representatives: In cases of wrongful death, the representative of the deceased resident’s estate can file a lawsuit seeking compensation for damages such as medical expenses, emotional suffering, and funeral costs.

Liability in Nursing Home Neglect and Abuse Cases 

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.

• Nursing Home Facility: The facility can be liable if the abuse resulted from negligent hiring practices, inadequate staff training, or failure to implement safety measures. Facilities are responsible for ensuring nursing home staff members are properly trained, and the environment is safe and compliant with state and federal laws.
• Nursing Home Administrators: Nursing home administrators may be liable if they fail to address known issues within the facility, such as staff shortages or reports of abuse. The facility is responsible for operating safely and complying with regulatory standards.
• Individual Caregivers or Staff Members: Staff members who directly engage in physical abuse, emotional abuse, or neglect can be held personally responsible. Caregivers may be liable if they fail to report suspected abuse or neglect.
• Third-Party Contractors: Outside contractors, such as medical providers or service staff, may contribute to the abuse or neglect. Third parties may be liable if their actions, such as medication errors or improper care, lead to harm.

How Our Lexington Nursing Home Abuse Attorneys Can Help

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.

Free Case Evaluation

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.

Case Investigation

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.

Filing the Claim

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.

Settlement Negotiation

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.

Trial Representation 

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.

Common Signs of Elder Abuse Among Nursing Home Residents 

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.

• Unexplained injuries: Bruises, cuts, burns, or broken bones that cannot be adequately explained by the staff or nursing home resident.
• Restraint marks: Marks or bruising on the wrists, ankles, or other body parts may suggest the improper use of restraints.
• Weight loss or dehydration: Rapid weight loss or signs of malnutrition or dehydration can indicate neglect.
• Withdrawal or depression: A sudden change in personality, such as withdrawal from social activities, signs of depression, or anxiety, may indicate emotional or psychological abuse.
• Fear of staff members: If your loved one seems frightened of certain nursing home workers or other residents, this could be a sign of mistreatment.
• Unexplained injuries to sensitive areas: Bruising, bleeding, or injuries to the genitals or other sensitive areas may suggest sexual abuse.
• Sexually transmitted infections: The presence of sexually transmitted infections (STIs) in a resident could be an indicator of sexual assault or harassment.
• Personal hygiene neglect: If a nursing home resident appears unclean, with soiled clothing, unbrushed hair, or unkempt nails, this could be a sign of neglect.
• Bedsores: Also known as pressure ulcers, bedsores are often caused by residents being left in the same position for long periods of time without proper care.
• Missing personal belongings: If items such as jewelry, credit cards, or other valuables are missing, this could be a sign of financial abuse.
• Changes in legal documents: If a resident’s will, power of attorney, or other legal documents are altered without their full understanding or consent, it may indicate financial exploitation by someone with access to their finances.
• Sudden or unexplained death: If a nursing home resident passes away unexpectedly and there are concerns about nursing home abuse or neglect, it’s important to investigate the circumstances to determine if a wrongful death occurred.

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.

What to Do If You Suspect Nursing Home 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:

• Call 911: If your loved one is in immediate danger or experiencing severe harm, do not hesitate to call 911. Law enforcement or emergency medical services can intervene to provide immediate assistance.
• Report Abuse: Notify the nursing home administrator or a trusted member of management about your concerns. By bringing the issue to the facility’s attention, you can begin addressing the situation internally. However, it is essential to document all conversations and interactions with the facility if further legal action is needed.
• File a Complaint with Your Local Ombudsman’s Office: The Ombudsman’s office serves as an advocate for residents of Kentucky nursing homes and assisted living facilities. They investigate complaints of nursing home abuse and work with residents and families to resolve issues. Filing a complaint with your local Ombudsman ensures that your concerns are taken seriously and investigated by an impartial party.
• Contact a Nursing Home Abuse Lawyer: One of the most critical steps is contacting an experienced attorney. A lawyer can provide legal guidance, help gather evidence, and pursue a claim to hold the responsible parties accountable. A free consultation can help you understand your legal options.

Damages You Can Recover Through a Nursing Home Abuse Claim

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

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:

• Medical expenses: Compensation for medical treatment related to the abuse, such as hospitalization, rehabilitation, or ongoing care.
• Cost of relocation: Moving costs if the victim must move to a different facility for safety.
• Lost income: In some cases, a family member may have lost income due to time spent caring for their loved one or handling the aftermath of the abuse.
• Funeral expenses: In the case of wrongful death, the costs associated with funeral and burial services.

Non-Economic Damages

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:

• Pain and suffering: Compensation for the physical pain, emotional trauma, and mental abuse experienced by the victim.
• Emotional distress: This can include anxiety, depression, and emotional harm caused by the abuse or neglect.
• Loss of enjoyment of life: If the abuse results in diminished quality of life, such as the inability to participate in activities the victim once enjoyed, this loss may be compensated.
• Loss of companionship: For a family member, compensation for the loss of companionship and emotional support they received from the victim. 

Punitive Damages

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.

The Cost of Hiring a Lexington Nursing Home Abuse Lawyer

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.

You Have Limited Time to Take Legal Action in Lexington

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.

Contact a Lexington Nursing Home Abuse Attorney Today!

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