Nursing home patients have the right to be safe, well-fed, and cared for when they live in a care facility. When an elderly resident is injured due to the care they received, you are able to hold the nursing home responsible through legal action.
Rosenfeld Injury Lawyers helps nursing home abuse victims and their families recover fair compensation for a variety of nursing home abuse cases involving physical abuse, sexual abuse, emotional abuse, financial abuse, and neglect.
While every case is different, there are some general principles that apply to all cases, such as knowing when to hire a Kentucky nursing home abuse lawyer, signs of abuse, and how to report what’s happening to the appropriate agencies.
When to Hire a Nursing Home Abuse Lawyer
When it comes to nursing home neglect or abuse, it is important to hire Kentucky nursing home lawyers as soon as you suspect something is wrong. The sooner that you involve your lawyer, the less time there will be for evidence to be lost or destroyed.
You will also have to file your claim before the statute of limitations runs out. Rosenfeld Injury Lawyers offers family members of nursing home residents a free consultation to discuss their potential case.
To hire a Kentucky nursing home negligence lawyer, you first need to familiarize yourself with the signs of nursing home abuse and neglect. If you see any of these signs in your family member, document your findings by taking photographs on your phone and notes about the dates and times of the incidents.
The Most Common Signs of Abuse in Kentucky Nursing Homes
If you suspect that your loved one isn’t doing well at their assisted living facility or nursing home, here are some of the signs of nursing home abuse and negligence to look out for:
- Unexplained bruises or injuries
- Bed sores or pressure ulcers
- Fractured or broken bones
- Poor personal hygiene
- Strong body odor
- Change in behavior
- Sudden fearfulness
- Significant financial changes
How Long Do You Have to File a Nursing Home Abuse Case in Kentucky?
The statute of limitations for most types of civil cases in the state of Kentucky is one year from the date of injury to file a claim [1]. This is the case for medical malpractice and personal injury cases.
In a wrongful death case, you have to file your claim within one year of death [2]. However, under the discovery rule, you have up to one year after the date a reasonable person would know the cause of death.
For example, if your loved one died in March 2022, you would have until March 2023 to file a claim. If the results of an autopsy revealed the cause of death to be different in May 2022, you could have until May 2023 to file your claim.
When compared to other states, Kentucky’s statute of limitations is quite short. This doesn’t leave you a lot of time to file a case. Working with our Kentucky nursing home abuse attorneys can make this process easier, as you can focus on getting your loved one the urgent care they need while we gather evidence and file your case.
What Types of Cases Do Nursing Home Abuse Lawyers Handle?
Our Kentucky nursing home abuse lawyers work on a variety of different types of cases, including:
- Physical abuse – Many nursing home injuries are the result of abuse or neglect. Some common injuries suffered include bed sores, infections, and broken bones.
- Financial exploitation or abuse – Some nursing home staff members take money from patients without their permission, usually by stealing money or account information.
- Emotional abuse – When staff members manipulate patients’ emotions to gain control over them or hurt them mentally.
- Medical malpractice – Failing to provide care that meets the minimum standard leading to injuries, declining health, or death.
- Neglect – Nursing home neglect occurs when elderly residents do not receive the proper care that they need.
How Can Nursing Home Abuse Attorneys Help?
Specialized in nursing home abuse and neglect, our Kentucky personal injury attorneys can help by advocating for victims while bringing knowledge of federal and state laws to the case. If you suspect nursing home abuse, an attorney from our team can step in and investigate directly or by contacting other residents for information.
If the patient is being abused, we can help you move your loved one to a new nursing home or assisted living facility, and take legal action against the old facility. If you win your case, the old facility may be held liable for all of the costs of your loved one’s new treatment.
What Is the Average Settlement in a Kentucky Nursing Home Abuse Case?
The settlement amounts offered in nursing home abuse cases can vary widely based on a number of factors. Even two very similar cases may end up with different outcomes. Typically, the more severe the damages, the higher the payouts.
As an example, we helped secure a $2.1 million settlement for the family of a 66-year-old woman who developed a stage four bed sore while in a nursing home after joint replacement surgery. The doctors at the nursing home ignored her doctor’s orders for physical therapy and medication for two months.
Our firm helped another nursing home patient recover $1.1 million after they were dropped by a staff member and broke their hip and femur. The staff member did not use the required two-person assist required to lift the patient properly.
What Kinds of Damages Can Be Recovered in a Nursing Home Abuse and Neglect Lawsuit?
While every case is different, some common types of damages that our Kentucky nursing home abuse lawyers can help you recover in a civil case against a nursing home facility are:
- Medical expenses – Compensation often includes resident’s medical expenses that are caused by the injury
- Pain and suffering – You can often receive compensation for the emotional pain from trauma or psychological abuse
- Fraud reimbursement – In cases of financial abuse, you may be able to file claims for all of the money stolen as well as administrative fees
How Long Does It Take to Settle a Kentucky Nursing Home Abuse Lawsuit?
While you have only one year from the date of injury to file a claim against the nursing home, the average length of time that it takes to settle a nursing home abuse lawsuit in Kentucky is between 18 and 24 months.
However, the length of time can significantly vary based on a number of factors. If the nursing home offers a settlement early on in the process, the case might be resolved in a matter of months.
How Much Does a Kentucky Nursing Home Abuse Lawyer Cost?
The Kentucky nursing home negligence lawyers at Rosenfeld Injury Lawyers work on a contingency fee basis. This means that there are no upfront costs unless our team is able to help you get compensation for your case. The consultation is also free.
The Statistics of Abuse and Neglect in Kentucky Nursing Homes
There are approximately 20,349 Kentucky nursing home residents living in certified facilities [3]. There are 276 certified nursing homes in Kentucky [4]. 77% of nursing homes in Kentucky operate as for-profit businesses [5].
Only one in 24 elder abuse cases in the state of Kentucky is reported to law enforcement [6]. 21,000 cases of elder abuse were reported in 2021. Approximately 66% of nursing home employees admitted to committing abuse in the past year [7].
Kentucky received 1,700 immediate jeopardy complaints within a year [8]. However, it only responded to less than 4% of these complaints in the federally required timeframe.
Recently, two Louisville area nursing homes shut down and agreed to pay CMS more than $1 million in fines after the discovery of numerous violations [9]. The violations included rodent infestations, unsanitary conditions, staff members with criminal convictions, overflowing trash cans, and a resident who died of hypothermia.
Who Is Liable in a Nursing Home Abuse Case in Kentucky?
The parties that can be held liable in a nursing home abuse case in Kentucky vary based on the specific circumstances of the case. Some parties that are commonly held liable include:
- Nursing home staff
- Nursing home administrators
- Doctors and pharmacists
- Other residents
Which Standards Do Kentucky Nursing Homes Have to Meet?
There are many standards that Kentucky nursing homes are obligated to meet, from the Resident Bill of Rights from the Nursing Home Reform Act to the food safety standards the kitchen must meet.
In terms of safety, the Kentucky legislature has standards focused on safety and accessibility [10], such as:
- Building safety and fire safety standards
- Meet accessibility standards with regard to ramps and other accessibility concerns
- Patient rooms must not be located more than 120 feet away from the nurse’s station
- Handrails must be available in corridors
Which Agencies Regulate Nursing Homes in Kentucky?
There are a number of state and federal agencies that have regulatory oversight and responsibility into the nursing homes in Kentucky, including:
- Cabinet for Health and Family Services Division of Health Care [11]
- Office of Inspector General of Kentucky [12]
- U.S. Centers for Medicare & Medicaid Services [13]
How Often Are Kentucky Nursing Homes Inspected?
For Medicare and Medicaid-certified nursing homes, inspections known as surveys are required every nine to 15 months under federal law [14]. Nursing homes that do not hold this designation are required to have annual inspections.
73% of Kentucky’s nursing homes have gone two or more years without an annual inspection [15]. Part of this is caused by a shortage of nursing home inspectors. Less than 20% of Kentucky’s inspector positions are filled. State inspectors indicate that inspectors don’t cite nursing homes for things that they should be cited for.
Kentucky has turned to using a private nursing home inspection company to conduct some of the state’s inspections [16]. Despite the fact that higher staffing levels are predictors of quality and reduce violence, most nursing homes that don’t meet federal guidelines for nursing and aides are not cited [17].
How to Report Nursing Home Abuse in the State of Kentucky
If you suspect that a nursing home resident is being abused, it is important to report what’s happening immediately to protect them from further abuse.
The primary method for reporting abuse in Kentucky is to contact the Office of the Inspector General of Kentucky by calling (502) 564-7963 [18]. The office is open between 8 a.m. and 4:30 p.m. on weekdays to record complaints.
You can also report the abuse to one of Kentucky’s four regional offices of the Division of Health Care [19]. You can use the regional map on the website to find the right contact for your county.
You can also file a complaint with the Nursing Home Ombudsman Agency of the Bluegrass [20]. Ombudsmen have special training and resources available to help with nursing home abuse.
Contact a Kentucky Nursing Home Abuse Attorney Today!
Reach out to a Kentucky nursing home negligence attorney from Rosenfeld Injury Lawyers for a free consultation by filling out our contact form or calling our law firm toll-free at (888) 424-5757. We are available 24/7 to help you take action to get justice for your loved one.
We have helped many other families get compensation from nursing home facilities for their loved ones. We work on a contingency basis, so you will not pay anything unless we help win your case.
Resources: [1] § 413.140, [2] § 413.140, [3] Statistica, [4] Statistica, [5] Statistica, [6] FOX 56, [7] WHO, [8] Lexington Herald Leader, [9] WHAS11, [10] 902 KAR 20:046, [11] Cabinet for Health and Family Services, [12] Office of Inspector General of Kentucky, [13] CMS, [14] Lexington Herald Leader, [15] Skilled Nursing News, [16] Skilled Nursing News, [17] USA Today, [18] CMS, [19] Kentucky Cabinet for Health and Family Services, [20] NHOA
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