Entrusting the care of a loved one to a nursing home is a difficult decision, and it is natural to expect that they will receive the highest level of care and attention possible. Unfortunately, nursing home abuse and neglect are all too common in Louisville, and it can be heartbreaking to learn that a loved one has been a victim. At Gray and White Law, we are committed to protecting the rights of nursing home residents and holding negligent parties accountable for their actions. If you suspect that your loved one has been mistreated in a nursing home, it is crucial to seek the help of our experienced Louisville nursing home abuse attorneys. Contact us today for your free consultation.
What is Nursing Home Abuse?
Nursing home abuse refers to any intentional or negligent act that causes harm or distress to a resident in a nursing home or assisted living facility. This can include physical, emotional, sexual, or financial abuse, as well as neglect and exploitation. Examples of nursing home abuse may include physical assault or battery, inappropriate use of restraints, failure to provide adequate medical care or medication, isolation or abandonment, verbal or emotional abuse, theft or financial exploitation, and more. Nursing home abuse can have serious physical and emotional consequences for victims, including physical injuries, psychological trauma, depression, anxiety, and loss of trust.
Common Examples of Nursing Home Abuse
Nursing home abuse can take many forms, and it is not always easy to detect. Some common examples of nursing home abuse include:
- Physical abuse: This can include hitting, slapping, pushing, or restraining residents, as well as overmedicating or withholding medication.
- Emotional abuse: This can include verbal abuse, threats, isolation, and humiliation.
- Sexual abuse: This can include any unwanted sexual contact or activity with a resident, including inappropriate touching, sexual assault, or rape.
- Financial abuse: This can include stealing money or personal property from residents, forging signatures, or coercing residents into giving away money or assets.
- Neglect: This can include failure to provide adequate food, water, medication, and hygiene, as well as failure to prevent falls or provide proper medical care.
- Exploitation: This can include using a resident’s identity or personal information for financial gain, such as opening credit cards or taking out loans in their name.
Causes of Nursing Home Abuse
There are many factors that can contribute to nursing home abuse, including:
- Understaffing: Nursing homes that are understaffed or have inadequate training may be more likely to have abuse or neglect occur.
- Poor management: A lack of accountability and supervision from management can lead to a culture of abuse in nursing homes.
- Burnout and stress: Caregivers who are overworked, underpaid, or lack adequate support may become frustrated and take out their frustrations on residents.
- Mental health issues: Caregivers who suffer from mental health issues such as depression or substance abuse may be more likely to abuse or neglect residents.
- Lack of background checks: Nursing homes that do not perform adequate background checks on staff members may unknowingly hire individuals with a history of abuse.
- Isolation: Isolated residents may be more vulnerable to abuse and neglect, as there is no one to witness or report mistreatment.
Louisville Laws on Nursing Home Abuse
In Louisville, nursing home abuse is regulated under the Kentucky Nursing Home Bill of Rights and the Kentucky Protection of Adults Act. These laws provide residents of nursing homes with a range of rights and protections, including:
- The right to be free from abuse, neglect, and exploitation.
- The right to be treated with respect and dignity.
- The right to receive adequate medical care and treatment.
- The right to have access to family, friends, and other visitors.
- The right to be informed of any changes in their medical condition or treatment.
- The right to participate in activities and make choices about their own care.
- The right to file complaints and grievances without fear of retaliation.
Louisville also has a Department of Aging and Adult Services (DAAS), which investigates reports of nursing home abuse and neglect and can take legal action against those responsible.
Statute of Limitations on Louisville Nursing Home Abuse Claims
In Louisville, the statute of limitations for nursing home abuse claims is typically one year from the date of the incident or discovery of the abuse. However, there are some exceptions to this rule, and the time limit may be extended in certain circumstances.
For example, if the victim was mentally or physically incapacitated at the time of the abuse, the statute of limitations may be extended until the victim recovers or until a legal guardian is appointed to represent them. In some cases, the statute of limitations may also be extended if the victim was prevented from discovering the abuse due to threats or intimidation by the perpetrator or nursing home staff.
Examples of Successful Nursing Home Abuse Cases
Here are some examples of successful nursing home abuse cases in Kentucky:
- In 2019, a jury in Kentucky awarded $42.75 million in damages to the family of a nursing home resident who died as a result of severe neglect and dehydration. The nursing home was found to have engaged in neglect and abuse, and the jury awarded the family punitive damages as well as compensatory damages.
- In 2018, a nursing home in Kentucky was ordered to pay $1.8 million in damages to the family of a resident who died as a result of pressure ulcers and infections. The nursing home was found to have engaged in neglect and abuse, and the court awarded the family compensatory damages for their loss.
- In 2017, a nursing home in Kentucky was ordered to pay $18 million in damages to the family of a resident who died as a result of untreated bedsores and other injuries. The nursing home was found to have engaged in neglect and abuse, and the jury awarded the family punitive damages as well as compensatory damage
Contact Our Louisville Nursing Home Abuse Attorney Today
If you suspect that a loved one has been a victim of nursing home abuse in Louisville, it is important to take action quickly to protect their rights and hold those responsible accountable. At Gray and White Law, our experienced nursing home abuse attorneys are here to help you understand your legal options and guide you through the process of pursuing a claim. We have a track record of success in handling nursing home abuse cases and will work tirelessly to help you and your loved one achieve the justice and compensation you deserve. Contact us today for a free consultation to discuss your case and learn how we can help you.