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Lexington Nursing Home Abuse Attorney

Lexington Nursing Home Abuse Lawyer

The decision to place your loved one in the care of a nursing home facility is never easy, but is often a move made out of care and love. No matter how much we might want to keep a parent or grandparent at home, the average person does not have the requisite medical knowledge or experience to care for an aging family member. Sadly, the trust that we place in nursing facilities is sometimes misplaced. If your loved one was harmed at their assisted living facility, contact Thomas Law Offices today to speak with a Lexington nursing home abuse lawyer.

Kentucky law generally only gives elderly nursing home residents who suffered abuse just one year to take action against a long-term care facility that harmed them despite the fact that this ill-treatment can have a severe impact on these victims’ lives, including shortening it.

You have the power to help your loved one and put a stop to nursing home abuse, and Thomas Law Offices is here to guide you through this process. When you contact our Lexington, KY office, we’ll schedule you for a free case evaluation.

During this meeting, you’ll have the opportunity to speak one-on-one with a nursing home abuse attorney. We’ll discuss what legal action is at your disposal, and how you can help your loved one recover compensation for their related medical expenses and other financial, physical, and emotional damages. So, if you’re ready to learn more about your rights, contact us to schedule that free case review now.

Statistics Regarding Elder Abuse in Kentucky

The Kentucky Cabinet for Health and Family Services (CFHS) collects data on elder abuse in our state. The state agency’s 2020 Kentucky Elder Abuse Report shows that the following was true regarding adults aged 60 and over from between July 1, 2019 through June 30, 2020:

  • Adult protective services (APS) received 23,766 calls about suspected nursing home abuse, a 6.54% increase from the same period the year before.
  • APS determined that 9.46% of calls met the criteria for further investigation.
  • 2,032 calls that warranted further investigation involved neglect by a caretaker.

How To Report Nursing Home Abuse in Lexington, KY

State law mandates the reporting of nursing home neglect, abuse, and financial exploitation. Despite this, abuse in nursing home facilities often goes undetected and unreported. Never shy away from reporting abuse. If you suspect elder abuse is occurring in a nursing facility, you may make a report by:

  • Calling CHFS at 1-877-597-2331
  • Filling out an online form at CHFS’s website
  • Calling the Office of the Inspector General at 1-877-228-7384

If you suspect abuse, take decisive action to report the nursing facility to the proper authorities. Do not worry if you only have a suspicion—it is up to Adult Protective Services to determine whether reports are substantiated or not. After reporting your suspicions, we also recommend scheduling a free consultation with a Lexington nursing home abuse lawyer to discuss your options for legal recourse.

Nursing Home Abuse Lawyer

Identifying Signs of Nursing Home Abuse

You may be the person best equipped to identify signs of nursing home abuse in your loved one. Remaining a constant presence in their life will help you notice any worrying changes, including some of the following signs that they might be suffering harm at the hands of their caregivers.

Physical Signs of Abusive Treatment

Physical abuse, emotional abuse, and sexual abuse may all leave obvious signs of harm. As nursing home abuse lawyers, we advise watching for physical signs of abuse:

  • Bruises and cuts
  • Broken bones
  • Bedsores
  • Sexually transmitted diseases
  • Bruising or bleeding in the groin area or on the genitals

Do not allow a nursing home to convince you that your loved one’s signs of abuse are simply an effect of their condition. While it is possible for residents to experience physical deterioration related to aging or a serious health condition, the above signs should never be ignored. Reach out to a Lexington nursing home abuse attorney if you believe that your loved one’s condition is the result of elder abuse.

Psychological and Emotional Signs of Mistreatment

Physical abuse, emotional abuse, financial abuse, and sexual abuse can cause a victim to display signs of significant psychological harm. Do not hesitate to take action if you notice any of the following signs of psychological distress in your loved one:

  • Sudden change in behavior
  • Refusal or reluctance to talk
  • Feelings of shame or guilt
  • Reluctance to take part in favored activities
  • Withdrawing from friends and loved ones
  • Fear of certain staff members

If you require legal assistance to help your parent or grandparent file a nursing home abuse case, Thomas Law Offices is here for you.

Signs of Financial Abuse

Your loved one might be the victim of financial abuse if they:

  • Struggle to pay their bills despite having sufficient savings or retirement income
  • Begin asking to borrow money for no discernible reason
  • Make large, unexplained withdrawals from their accounts
  • Say they lent money to others but have no plans to collect payment

A single person’s financial exploitation of your loved one can erase a lifetime of savings and hard work in a relatively short period of time. If you notice any unusual behavior with a parent or grandparent’s finances, don’t be afraid to speak up on their behalf. Your advocacy may be what preserves their financial stability.

Causes of Nursing Home Abuse

There is no one single cause of elder abuse in residential settings. However, our years of experience representing victims of Lexington nursing home abuse have given us a unique insight into this matter. Below are some of the most common contributing factors to nursing home abuse in the Bluegrass State. If you do not see what you suspect is the cause of your loved one’s abuse listed below, do not hesitate to contact our law firm for a free consultation.

Understaffing

Research shows that approximately 90% of nursing homes are understaffed. Workers at understaffed nursing homes have higher workloads, and are more likely to engage in abusive practices to ensure that residents remain compliant. Neglect is also a significant issue at understaffed nursing homes, with the average resident receiving fewer than four hours of care per day.

Inadequate Training or Underqualified Staff

Nursing homes should provide regular, ongoing training to all staff members. All staff should be certified in lifesaving skills, including CPR, first aid, and abdominal thrusts. Any failure to hire properly trained staff or to provide training on resident safety and best practices could result in harmful abuse or neglect.

Poor Pay

A bad paycheck is never an excuse to treat a nursing home resident poorly. And yet, some nursing home staff allow their low wages to influence how they interact with residents. An experienced nursing home abuse attorney from Thomas Law Offices can prove when a worker’s low wages were a factor in an abuse case.

Corporate Greed

Most causes of nursing home abuse are directly linked to greed. Owners and operators who want to prioritize profits often do so over the health and safety of those in their care. For some, owning or running a nursing home is just one method to boost their bank accounts. Hiring sufficient numbers of qualified staff, purchasing care items, making repairs, and providing necessary medical treatment often fall to the wayside as owners focus on their own earnings.

Speak with a Lexington Nursing Home Abuse Lawyer

Who Is Responsible for Nursing Home Abuse?

When you learn about nursing home abuse, there may be several parties responsible for these actions. Some of the parties who may share responsibility for your loved one’s lack of care include:

Staff Members

Nurses play a vital role in medication administration. However, they can be negligent by administering the wrong medication, incorrect dosages, or missing doses altogether. Failure to monitor residents’ health changes can also lead to delayed care. Poor hygiene practices among nurses can also result in infections or skin issues for residents.

Certified Nursing Assistants (CNAs) are responsible for providing direct care to residents. Negligence on their part can lead to residents experiencing falls due to inadequate assistance, developing pressure ulcers from a lack of repositioning, and not receiving proper nutrition and hydration.

Aides and support staff also assist with caring for residents. Failing to maintain a safe environment, such as neglecting to address environmental hazards like wet floors or clutter, can lead to accidents. Even inadequate support during transfers or mobility can also jeopardize resident safety.

Nursing Home Administrators

Sometimes, nursing home abuse can occur due to the lack of proper management of the administrators. They are responsible for the overall functioning of the nursing home. Understaffing can compromise resident care and well-being. Inadequate staff training can lead to errors. Sometimes, they dismiss resident or family complaints of any abuse, which can make them negligent in these cases.

All these staff members need to ensure the safety and health of their residents. However, when they act negligently or recklessly, they can put the lives of these individuals at risk. If you believe that your loved one has suffered abuse from staff or experienced neglect due to the lack of proper management, talk to us about taking legal action.

Nursing Home Residents Have Rights

Both state and federal law afford protections to residents of nursing homes in Lexington, KY.

Enacted in 1987, the federal Nursing Home Reform Law provides vital protections to nursing home residents and outlines quality of life expectations, services and activities that are to be provided, and specific rights to which residents are entitled. Those rights are as follows:

  • The right to be fully informed
  • The right to participate in their own care
  • The right to make independent choices
  • The right to privacy and confidentiality
  • The right to dignity, respect, and freedom
  • The right to security of possessions
  • The right to complain
  • The right to visits
  • The right to remain in a nursing home facility unless a transfer or discharge is necessary

Specific rights regarding the process of a transfer or discharge are also outlined by the Nursing Home Reform Law. The Kentucky Department of CHFS and the Nursing Home Ombudsmen Agency of the Bluegrass also detail the rights that nursing home residents in the state of Kentucky are entitled to.

How a Nursing Home Abuse Lawyer From Thomas Law Offices Can Help

Your loved one deserved better than to be abused in the one place they were supposed to be cared for. If you are ready to help them pursue civil action for the harm they suffered, Thomas Law Offices is here to serve as a guide for your claim.

Our nursing home abuse lawyers have dedicated their professional careers to advocating for those who have been harmed by others, and our deep respect for the attorney-client relationship makes us uniquely positioned to help resolve even the most complex legal issues.

We Investigate Your Nursing Home Abuse Claim

Thomas Law Offices has the resources needed to fully investigate your Lexington nursing home abuse claim. From coordinating with medical experts to determine the extent of your loved one’s injuries to reviewing past violations committed by the nursing home, we will provide unrivaled legal guidance and advocacy throughout this process.

When an act of abuse causes the wrongful death of a nursing home resident, we conduct a thorough investigation into the incident to determine all potential liable parties.

We Deal With the Insurance Company

When you file an elder abuse claim against a nursing home, it will be the nursing home’s liability insurer who pays out the settlement rather than the home itself. Big insurance companies are known for being especially difficult to deal with, and these profit-minded companies will often do everything in their power to limit your settlement or deny liability altogether.

We don’t let that happen. The attorneys at Thomas Law Offices are well-versed in all of the tricks and tactics used by the insurance companies, and we are happy to take over all communications with insurers on behalf of our clients. From answering questions and filling out common forms to submitting legal documents and negotiating a full and fair settlement, we make it easy for nursing home abuse victims to focus on their recovery.

We Value Your Claim

A nursing home abuse claim will not undo the harm your loved one suffered. However, the compensation secured through this type of civil claim will be essential to their recovery and future well-being. To be certain that they receive maximum compensation for what they’ve been through, we will consider a broad range of potential damages.

The typical nursing home abuse case seeks compensation for both economic (financial) and non-economic (non-financial) damages. These damages address a wide range of losses, including:

  • Medical bills
  • Pain and suffering
  • Mental anguish
  • Moving costs
  • Loss of enjoyment of life

In rare cases, punitive damages may be awarded not to compensate the victim for their losses, but to punish the at-fault party and to deter others from engaging in similar behavior. These types of damages are only awarded in addition to compensatory damages and never on their own. Your attorney will advise you if it is appropriate to seek punitive damages on behalf of your family member.

We Work on a Contingency Fee Basis

The cost of filing a lawsuit should never be a barrier to holding an abusive nursing home responsible for the harm it caused. However, we know that court costs and the cost of hiring a lawyer can feel like an impossible hurdle to overcome.

At Thomas Law Offices, financial need is never an impediment to legal action. For most cases, we are able to work on a contingency fee basis, which allows us to provide our services without any type of upfront payment. In fact, we don’t get paid unless we win your case.

We Offer a Free Consultation

You shouldn’t have to commit to working with a law firm before you even get the chance to speak with one of their lawyers. That’s why Thomas Law Offices is pleased to offer a free consultation to injury and abuse victims in Lexington, Fayette County, and elsewhere in Kentucky. We believe that this free, no-obligation meeting is an excellent way for potential clients to get a feel for our law office and the way we do things.

We want you to feel confident that we are the best choice for your case. When you fill out our convenient online form, the contact form sends information to our office so that we can schedule your complimentary meeting.

Let a Lexington Nursing Home Abuse Lawyer Advocate for You

Nursing homes should be safe environments in which our aging loved ones can receive the care they need. Abuse or neglect in any form robs them of their right to enjoy their final years in peace.

If you’re ready to take the next step, contact us at Thomas Law Offices for a free case evaluation. We’ll match you with a Lexington nursing home abuse lawyer who will answer any and all questions you may have about your case.

 

Free Case Evaluation

At Thomas Law Offices, our personal injury attorneys recognize that our potential clients are likely going through some of the most difficult times of their lives. We don't want you to have to worry about paying out of pocket for legal advice when you're just starting to learn your legal rights and options. That's why we provide free case evaluations. We'll offer our expert advice about your potential case and walk you through how we can help you.

Call us or fill out the form below to tell us about your potential case and a personal injury lawyer will get back to you as quickly as possible.

Meet Our Founder

Tad Thomas - Trial Lawyer

Tad Thomas

Managing Partner

Tad Thomas has dedicated his practice to representing plaintiffs in various types of civil litigation, including personal injury, business litigation, class actions, and multi-district litigation.

After graduating with his law degree in 2000 from Salmon P. Chase College of Law at Northern Kentucky University, Mr. Thomas immediately opened his own private practice and began representing injury victims.

In 2011, Thomas Law Offices was established in Louisville, Kentucky. Over the past decade, Mr. Thomas has expanded his firm and now has offices in three additional locations: Cincinnati, Ohio, Columbia, Missouri, and Chicago, Illinois. He is also a frequent lecturer on topics like trial skills and ethics and technology.

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