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Kentucky Injury Lawyers

Are Your Loved Ones Being Abused?

Published on Oct 20, 2016 at 12:00 pm in Nursing Home Abuse.

Elders in nursing homes have certain rights. Under Kentucky law, those rights include — but are not limited to — the right to be treated with dignity and respect; the right to privacy, confidentiality, and personal possessions; the right to receive or refuse visitors; the right to be informed of their rights, as well as facility regulations; the right to participate in their own care; and, of course, the right to present grievances and file complaints without reprisal.

Cut-and-dry as those rights are, half a million seniors experience elder abuse every year. Abuse might be physical, evidenced by bruises, burns, scars, or broken bones. It might also be emotional. In many cases, elders are humiliated and degraded in disreputable nursing homes. Elders can also be forced or misled into providing personal information, leading to identity theft and other kinds of financial abuse. And while uncommon, sexual abuse is present in some facilities.

Nursing Home Residents to Be Protected from Arbitration

Published on Sep 29, 2016 at 4:43 pm in Nursing Home Abuse.

For years, nursing home contracts nationwide have contained dangerous arbitration clauses that force nursing home and long term care facility residents to give up one crucial legal right—the right to take that facility to court if a resident’s health or safety becomes compromised. These clauses were often inserted into resident contracts for federally-funded nursing homes and care facilities in order to cut costs. Specifically, legal costs.

The most unfortunate part about these arbitration clauses is the fact that most residents and their family members are unaware of them completely. When a family makes the decision to place an elderly loved one in a nursing home, the last thing they’re thinking about is the possibility of having to go to court. This is a stressful and emotional time for families. When nursing homes hide these clauses in the tiny print of admittance contracts, most family members don’t even realize what they’re signing.

It’s a downright sneaky move—one that costs lives. Every year we hear stories about nursing home residents who are abused, neglected, and even killed in some cases due to carelessness or negligence. When residents and their loved ones can’t legally do anything to protect the residents from negligence, what’s stopping nursing home staff members from getting away with whatever they can?

How to Protect a Loved One from Falling in a Nursing Home

Published on Sep 27, 2016 at 1:47 pm in Nursing Home Abuse.

When we place a loved one in a nursing home or long term care facility, we trust that their basic needs will be taken care of—that they’ll be kept well-fed, clean, healthy, and safe. Due to the unfortunate fact that most facilities are understaffed or have an excessive amount of residents, however, it’s impossible for staff members to constantly keep an eye on every resident. Falls happen in nursing homes on a daily basis and can lead to devastating health consequences.

Florida Medicare Fraud Case is the Largest Ever Brought Against Individuals

Published on Aug 23, 2016 at 10:00 am in Nursing Home Abuse.

Three Florida residents were recently charged in an alleged Medicare and money laundering scheme that has been referred to by the U.S. Justice Department as the “largest single criminal healthcare fraud case ever brought against individuals”. As reported by CNBC, the scheme has netted the conspirators a total sum of over $1 billion since 2009.

In an indictment that was filed July 22nd, 2016, it was revealed that Philip Esformes, owner of 30 Miami assisted living and skilled nursing facilities, as well as a hospital administrator and a physician’s assistant were charged with conspiracy, healthcare fraud, and money laundering. Esformes, 47, lived a personal lifestyle that included private jets worth $2.1 million, luxury vehicles worth $2.4 million, and watches that were worth more than $360,000 each.

Esformes and his conspirators allegedly cycled thousands of Medicare and Medicaid beneficiaries through his company, Esformes Network, despite the fact that those beneficiaries didn’t quality for such care. Unnecessary care was billed to those accounts then laundered. In the court filing, it was revealed that those beneficiaries were prescribed with—and then became addicted to—narcotics which forced the beneficiaries to remain in Esformes Network facilities.

Federal Government Attempts to Discourage Social Media as a Platform for Nursing Home Abuse

Published on Aug 10, 2016 at 7:42 pm in Nursing Home Abuse.

The federal government announces it will now be cracking down on nursing home facility employees who take and post disrespectful photos of residents on social media outlets. A recent ProPublica report has documented employees of nursing home and assisted living facilities using Snapchat, Facebook, and Instagram to post pictures of residents who are naked, covered in feces, or even deceased. The report also documents images of abuse against residents.