Kentucky families who are transitioning a loved one to long-term care can choose from among the state’s 279 certified nursing homes. At last count, nearly 24,000 residents are being cared for in these facilities. Even though those facilities provide around-the-clock support, you are still considered your loved one’s primary caregiver.
That means you have to be diligent about the quality of care that your loved one is receiving. Despite the best intentions of a nursing home, staff shortages and poorly trained staff can lead to instances of abuse.
When you suspect your loved one is being abused, you need to act swiftly to protect their safety and prevent the abuse from continuing. There are several state and federal agencies you can report nursing home abuse to, but it will help to line up an advocate for your family. That is a role the Thomas Law Offices would be honored to take on.
We are a team of dedicated Louisville nursing home abuse lawyers who have helped many Kentucky families hold long-term care facilities accountable for their negligence. This is not a “let’s wait and see what happens” type of scenario. When a loved one’s care is compromised, you need to act fast. That begins with a call to the Thomas Law Offices.
In addition to the residents’ rights afforded to every Kentucky nursing home resident, there are also elder care laws that apply. As your loved one’s caregiver, you should be aware of these protections:
All of these agreements should be put into place before your loved one makes the move into the nursing home.
When you contract with a nursing home for the care of your loved one, that nursing home is obligated to follow the Residents’ Rights established by the Kentucky Nursing Home Ombudsman Agency. These rights serve as the foundation for your loved one’s care. According to the contract, nursing home residents are entitled to the following:
If you recognize that any of these rights are being denied to your loved one, it should be reported immediately.
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Every visit to your loved one’s nursing home is a chance to see how they’re doing and if there are any issues that need your immediate attention. You might also notice some issues that raise concerns. Whether you’re new to the nursing home life or have been supporting your loved one for a while, you need to watch out for the following warning signs of neglect:
Since your last visit, has your loved one experienced one or more falls? Have you been alerted about them wandering through the facility? Have you noticed any bedsores? These could all be signs of a lack of supervision.
Signs of significant weight loss, dry skin, and chapped lips can indicate malnutrition and dehydration. You might also notice severe body odor, unwashed hair, or constantly soiled bedding. These can all highlight a failure by the nursing home to provide assistance with daily living needs.
The vast majority of nursing home residents are prescribed some form of medication. It is the staff’s responsibility to provide the correct medication in the correct doses. When medications aren’t administered properly, it can create significant health problems for your loved one. You should review the medication records on every visit.
In addition to focusing on your loved one’s care, you should also pay attention to the surrounding environment. Are there chronic foul odors in hallways? Are the bathrooms dirty or moldy? Are trash bins overflowing with trash? These are all signs of facility-wide sanitation failures that impact the quality of life for the residents.
Signs of neglect aren’t just physical. You might notice that your loved one has suddenly started to withdraw, or they demonstrate agitation or depression. These can all be signs of emotional neglect.
If you suspect that your loved one is the victim of nursing home abuse, you need to document and report the incident immediately. Your report will need to include specific details of the neglect, including your loved one’s name, the facility, and the date of the incident. If you know the names of staff members, they should be included in your report as well. When appropriate, you should include photos or videos of the living conditions or injuries.
Once you have all the details, you need to make the following reports:
If your loved one is in immediate physical danger or they’ve suffered a visible injury, you need to dial 911. That will provide your loved one with immediate medical care and might have them go to the hospital. If the police respond, they will generate a report that you can use as evidence to support your eventual claim.
Several state agencies should be alerted to your concerns. Here’s who to call:
Thomas Law Offices has a reputation for aggressively taking on big insurance companies and doing everything necessary to ensure the best possible outcomes for our clients. When we take on an elder abuse or nursing home neglect case, we do so with the utmost care, dedication, and respect for those who have been harmed through no fault of their own. As nursing home abuse lawyers, we support Kentucky families by:
The most important role that a lawyer will play is that of a steadfast legal advocate. When you file a nursing home abuse claim or lawsuit, you will be going up against a company that has the backing of teams of attorneys and a big insurance company.
We’re passionate about providing the legal guidance needed to secure justice in this type of highly complex legal claim.
If we agree that your loved one is experiencing abuse, there are certain steps we’ll take to hold the nursing home facility accountable. The first thing we’ll do is intervene to ensure that your loved one is safe. That could mean speaking directly with the nursing home facility’s management, making them aware of the situation, and asking for an action plan to correct what has happened.
Once we know your loved one is being taken care of, we might move towards filing a civil complaint. That will involve a thorough investigation, including the following elements:
Check Inspection Reports: We will conduct a thorough investigation into the facility’s history. Every nursing home that gets payment from Medicare is regularly inspected in order to comply with federal regulations. These inspection reports can reveal past citations that can establish a pattern of neglect.
Cabinet for Health and Family Services: In Kentucky, the state also investigates complaints and serious violations. Public enforcement records will be maintained by the Kentucky Cabinet for Health and Family Services (CHFS).
Talk to Staff and Residents: In addition to inspection reports, it is important to gather as much relevant testimony from staff and residents. Those statements can support your claim.
If the evidence collected by our Louisville nursing home abuse attorneys clearly establishes that your loved one suffered harm, you’re entitled to seek a remedy on their behalf. That remedy can come in the form of the following damages:
These will be the actual financial losses your loved one and your family have incurred. This can include out-of-pocket expenses for emergency room visits and ongoing care for injuries such as fractures, infections, or severe bedsores. There could also be costs associated with physical therapy or psychological counseling. Most importantly, if you removed your loved one to a new facility for their safety, any moving expenses should be reimbursed. Finally, if your loved one suffered any financial losses, such as stolen property or funds, they should be reimbursed.
The non-economic damages compensate your loved one for intangible harm. This would include their pain and suffering that they endured as a result of the abuse. If what happened to them diminished their enjoyment in life, that should also be compensated for.
In nursing home abuse cases that involve gross negligence, malicious intent, or reckless endangerment, your loved one would be awarded punitive damages. These are designed to directly punish the negligent facility, in the hope that it will deter similar harmful behavior in the future.
It is important to note that punitive damages are typically awarded in jury trials. However, they could also be negotiated as part of an out-of-court settlement. It has been our experience that most businesses would prefer not to go through a public hearing. That makes them more amenable to settling for a fair amount.
In Kentucky, the statute of limitations for personal injury, including nursing home abuse, is generally one year from the date the injury was discovered. However, because these cases are complex, you should consult with TLO immediately to ensure all filing deadlines are met.
Yes, if understaffing leads to a failure in the standard of care that results in injury or wrongful death, the facility can be held liable. We investigate corporate records to determine if profit-motivated staffing cuts contributed to your loved one’s harm.
You should report suspected abuse to the Kentucky Cabinet for Health and Family Services (CHFS) and the Long-Term Care Ombudsman. For legal action to recover damages, contacting a Louisville nursing home abuse lawyer is the next critical step.
Discovering that your loved one may have suffered abuse or neglect in a nursing home is the ultimate betrayal of trust. It can leave you and your family feeling angry, overwhelmed, and uncertain about what to do next. All of those feelings are justified, but they need to be channeled into action. Retaining experienced legal counsel is a positive step.
At Thomas Law Offices, we understand that these cases are about more than compensation. They are about protecting your vulnerable family member and providing a path that will restore their dignity. It’s also about demanding accountability from the nursing home that failed to provide proper care.
For decades, the Thomas Law Offices have built a reputation for standing up for injured individuals and their families. Our attorneys combine compassionate client service with aggressive advocacy. We ensure that our clients receive clear communication and honest guidance. We will openly discuss any challenges that might stand in the way of pursuing a claim.
We will tailor a legal strategy to your unique situation. When you work with the Thomas Law Offices, you can expect a thorough investigation into nursing home policies, staffing practices, and care records. We’ll also handle all the communications and negotiations with nursing homes and their insurance carrier.
Nursing home facilities and corporate ownership groups have substantial resources dedicated to protecting their brand and limiting their exposure. Your family deserves the same level of fierce advocacy, and that is what you’ll get at the Thomas Law Offices.
If you suspect your loved one has been harmed in a long-term care facility, do not wait to get answers. Contact Thomas Law Offices today for a free case evaluation. Our team is ready to listen and explain your legal options.
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