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. This is your chance 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. 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. Thomas Law Offices is here to guide you through this process. When you contact our Lexington office, we’ll schedule 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.
- Two thousand thirty-two calls that warranted further investigation involved neglect by a caretaker.
Identifying Signs of Nursing Home Abuse
You may be the best person 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 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 residents can 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 discernable 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 single cause of elder abuse in residential settings. However, our years of experience representing victims of Lexington nursing home abuse have given us 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
The Ohio State University 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.
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 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
The Nursing Home Reform Law also outlines specific rights regarding the process of a transfer or discharge. The Kentucky Department of CHFS and the Nursing Home Ombudsmen Agency of the Bluegrass also detail the rights to which nursing home residents in Kentucky are entitled.