The answer to whether or not the abusers in nursing home cases will be prosecuted criminally is maybe. Oftentimes, there’s been nursing home abuse in Kentucky when the evidence isn’t sufficient for criminal court, but you can still work with Kentucky nursing home abuse lawyers to file a civil claim.
Startling statistics released by the Cabinet for Health and Family Services revealed that of the 7,000+ complaints of reported elderly abuse, investigators found actual abuse in over 1,800 cases, and yet only 316 of those cases involved criminal charges.
It can be difficult to take a case to criminal court, even when social workers confirm abuse because the residents’ impaired cognitive function prevents them from giving adequate testimonies. Also, there often isn’t enough evidence for the state to press charges.
Criminal cases require you to prove the abuse “”beyond a reasonable doubt.” However, civil courts only require that you prove the abuse by a “preponderance of the evidence.” In other words, the chances of you demonstrating the evidence of your loved one’s abuse is much easier with civil claims.
So if you have a loved one who has been the victim of nursing home abuse in Kentucky, and the State of Kentucky finds that they don’t have enough evidence to file criminal charges, you still have a form of legal recourse.
Consult with Kentucky nursing home abuse lawyers and discuss filing a civil claim so that you and your family can work together to hold the responsible parties liable for their actions, and so you can seek compensation for the damages your loved one has suffered.
Has Your Loved One Been Injured In A Nursing Home?
If you believe your loved one is being subjected to nursing home abuse you need to speak with an experienced Kentucky nursing home neglect attorney as soon as possible. Contact us online or call our office directly at 888.450.4456 to schedule a free consultation.