If you are no longer able to be the sole caregiver for an elderly family member, nursing homes can provide an invaluable service. At the right facility, your loved one will receive proper long-term care from a qualified staff to help ensure that your family member stays healthy and happy for as long as possible. In order to make certain that nursing homes fulfill such an important duty, these facilities are regulated by state and federal laws known as the Nursing Home Bill of Rights. An elderly individual may need long-term care, but it does not mean that they must sacrifice basic rights and dignity in order to receive rightful treatment.
If you believe your loved one suffered from a violation of nursing home resident’s rights in Louisville, KY, contact personal injury lawyer Tad Thomas to hold the negligent staff accountable while also obtaining better care for your beloved elder. Please do not hesitate to call us for a free evaluation of your case.
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What are Resident Rights in Kentucky?
Under Kentucky statute (KRS 216.520) and the federal 1987 Nursing Home Reform Law, nursing home residents are entitled to the following legally protected rights:
- To be treated with dignity and respect
- To participate in his or her own care
- To privacy, confidentiality, and personal possessions
- To receive or refuse visitors
- To be fully informed of rights, as well as rules and regulations of the facility
- To present grievances and file complaints without fear of reprisal
The residents’ rights essentially guarantee that every long-term facility is obligated to enhance the quality of life for every resident and ensure basic rights. If a staff member or facility violates any of these rights, the resident or his or her family may pursue legal action for damages. Contact an experienced nursing home abuse lawyer to learn whether you have a valid claim.
Violations of Nursing Home Residents’ Rights
According to the National Center on Elder Abuse (NCEA), roughly one out of every three nursing home facilities was in violation of nursing home residents’ rights. The most common violations include disrespectful actions and comments, physical, sexual, and psychological abuse, financial exploitation, and gross neglect.
Unfortunately, many cases of abuse and mistreatment in long-term care facilities go unnoticed or unreported. Many residents and families may not be aware that when a facility violates any one of the residents’ basic rights, they are legally entitled to file a lawsuit for restitution.
Seek Help if Rights have been Violated
It is crucial to take any sign of abuse or a violation of rights seriously. If you suspect that you or a loved one has been mistreated by nursing home staff, gather as much information as possible, document any signs or incidents, and collect medical records of any injuries. Inform the authorities as soon as possible to determine whether the evidence you have found constitutes criminal behavior. File a complaint with adult protective services and retain an attorney who specializes in nursing home law and personal injury.
Contact a Louisville Elder Abuse Attorney
If a loved one suffered from a violation of nursing home resident’s rights in Louisville, KY, you do not have to take on the responsible party alone. Nursing home abuse attorney Tad Thomas can provide the strong legal representation you need and deserve in order to hold a negligent facility accountable for its lack of care or abuse. Do not wait to consult with a lawyer to make an informed decision. Call (877) 955-7001 to receive a free and comprehensive consultation today.