Nursing homes and other extended-care facilities are supposed to provide the end-of-life care so many Americans need. Whether that need is around-the-clock care, community, or hands-on medical assistance, nursing homes provide a vital service to more than one million people every year.
Unfortunately, abuse can and does happen in these facilities.
No matter the form of abuse, if it results in lasting damage to your loved one, you have the right to fight for legal restitution. At Thomas Law Offices, a Louisville nursing home abuse lawyer is ready to provide you with the representation you need to fight for and secure the maximum compensation possible.
Contact our firm today to schedule a free case evaluation to learn more about your legal options.
Common Forms of Nursing Home Abuse
Abuse remains far too common in nursing homes in Kentucky and across the country. According to the National Council on Aging (NCOA), as many as 20% of all older adults have reported some form of abuse in recent years, while another study estimates that less than 5% of all cases of elder abuse are reported.
While elder abuse can happen anywhere, it’s especially prevalent in nursing homes. The Ballard Center for Social Impact reported that approximately 64.2% of nursing home staff admitted to some form of abuse in the past year, ranging from verbal to physical assault.
In most cases, nursing home abuse is broken down into four different categories. A victim may experience just one or multiple types of abuse at once. The four types of abuse are:
- Physical: Intentional physical harm committed against the victim, including hitting, kicking, biting, or physically restraining them.
- Emotional: Verbal abuse with the intent of causing emotional or mental distress, also called mental or psychological abuse.
- Sexual: Any unwanted sexual act or behavior, including rape, unwanted touching, or forced viewing of explicit materials.
- Financial: Financial exploitation can include fraud, stolen bank information, debit cards, or valuable items.
Direct harm is not the only way that staff members may hurt residents. Neglect involves withholding necessary care or treatment and can be extremely dangerous. If your family member doesn’t appear to have access to nutritious meals, sanitary living conditions, adequate medical care, social opportunities, or anything else they need, it could be a sign of neglect.
Common Signs of Abuse in Nursing Homes
Being able to identify the warning signs of abuse is a key part of protecting your elderly loved ones. While abuse can take many forms and present with different indicators, there are some common signs that you can be on the lookout for:
- Unexplained injuries or broken bones
- Bruises, cuts, or welts
- Bedsores (pressure ulcers)
- Depression, anxiety, and other mental health concerns
- Reluctance to speak
- Worsening health or disabilities
- Signs of physical restraints (especially around the wrists or ankles)
- Sudden or unexplained mental decline
- Malnutrition or dehydration
- Rapid weight loss
- Missing clothing or personal items
- Broken or missing eyeglasses
- Repeated falls
- Strange or unexpected behavior
- New aversion or fear of being touched
- Dirty or unsanitary living conditions
- Dirty or unkempt appearance
- Repeated infections
- Sexually transmitted infections (STIs)
- Torn or bloody undergarments
- Evidence of heavy sedation (including napping for long periods or sleeping all day)
- Fear of specific staff member(s)
- Elopement (leaving the facility)
The best way to protect your elderly loved one is to remain in contact with them. Not only is it important for their mental well-being, but staying up to date on their life and how they’re managing also allows you to quickly notice changes in their personality or behavior.
Any notable change can be a warning sign, so it’s important to check in with them to see if anything is wrong before it can spiral out of control.
What Rights Do Nursing Home Residents Have?
Every nursing home resident in Kentucky is entitled to certain rights. As outlined by the Nursing Home Ombudsmen Agency of the Bluegrass, Inc., these include the right to:
- Reasonable accommodations for your individual needs and preferences.
- Participate in community, religious, and social activities.
- Choose your own doctor.
- Privacy regarding medical treatment, personal care, accommodations, visits, and more.
- Be free from chemical or physical restraints used for staff convenience or as a discipline.
- Be free from detainment against your will.
- Manage your financial affairs.
This is an incomplete list of all rights to which nursing home residents are entitled. If you believe your rights or the rights of a family member were violated, contact us today. We’ll help you fight for justice.
How To Report Nursing Home Abuse and Neglect in Louisville
To report suspected or known nursing home abuse in Louisville, you can:
- Call Adult Protective Services (APS) at 1-800-752-6200
- Call the Office of the Attorney General’s Abuse Tip Line at 1-877-228-7384
- Contact a Complaint Coordinator with the Division of Health Care
- Call the Nursing Home Ombudsman Agency of the Bluegrass at 1-859-277-9215 or email your complaint to nh**@*****dy.org
Do not try to collect evidence before making a report. It is the responsibility of the above agencies to investigate and substantiate claims. Any time that you spend trying to find proof of abuse or neglect before making a complaint may leave your loved one in a dangerous situation for longer than necessary.
How Can a Louisville Nursing Home Abuse Attorney Help Me?
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:
- Gathering, evaluating, and contextualizing evidence.
- Helping families understand their options, including legal actions and steps to move loved ones to safer facilities.
- Holding abusive staff and negligent facilities responsible for the harm they’ve caused residents.
- Providing a tireless support system to victims of abuse and their families.
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.
What Evidence Is Needed to Prove Elder Abuse?
If you believe that a loved one has experienced nursing home abuse, you’ll need to substantiate your claims. These can include:
- Medical records: You will want to document injuries and obtain statements from healthcare professionals linking them to abuse or neglect.
- Photographic evidence: Capture images of injuries and unsanitary living conditions to visually support your claims.
- Witness testimony: Statements from family members, friends, or caregivers who have observed signs of abuse or neglect can add more credibility to your case.
- Financial records: In financial abuse cases, you’ll need to gather bank statements showing unauthorized transactions and changes to legal documents like wills or powers of attorney.
- Care facility records: Request incident reports, staffing records, and state inspection results that could indicate previous violations.
- Expert testimony: Your case may need medical experts or forensic accountants who can provide professional insight into the abuse.
- Surveillance footage: If available, you should collect security camera footage that can provide direct evidence of mistreatment.
All of this evidence is valuable in building a solid case. Contact our Louisville nursing home abuse lawyer to find out how we can assist with collecting and analyzing this evidence for your claim.
Work With a Law Firm You Can Trust
Taking care of your loved one can be incredibly stressful, especially when you’re worried about threats to their health and safety. At Thomas Law Offices, we are committed to providing our clients with the knowledgeable and experienced representation they require in their times of need.
Since opening our doors, we have fought for and secured millions of dollars in verdicts and settlements. We know what it takes to win the compensation you deserve, and we’ll work with you throughout the legal process to provide the steadfast support and tenacious legal representation you need.
Send us the details of your situation through our online form to schedule a free case evaluation.
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