Louisville Nursing Home Abuse Lawyer
When a loved one of ours reaches a point where they have to live in a nursing home, its a scary thing to do. Throughout the majority of human history, we lived in multigenerational households. Parents raised children with the help of their own parents and other extended family members.
Meanwhile, as the elderly family members reached an age where they needed help, the younger generations would take over. They would care for their elderly family members until the time of their passing.
Nursing Home Resident Rights In Kentucky
Nursing home neglect can also mean a residents rights are violated. In Kentucky, every resident who stays at a long-term care facility is legally protected under the 1987 Federal Nursing Home Reform Law as well as state laws . Under these laws, all Kentucky nursing home residents are entitled to the following rights:
- To be treated with dignity and respect
- To participate in their own care
- To privacy, confidentiality, and personal possessions
- To receive or refuse visitors
- To be fully informed of their rights, as well as the rules and regulations of the facility
- To present grievances and file complaints without fear of reprisal
Nursing Home Abuse In Louisville & Lexington
When you place your loved one into a nursing home, you are trusting that facility to give them the attention and care that they need. When you find out that those needs aren’t being met or that your loved one is suffering abuse by the very people you needed to trust with their care, it is devastating. Nursing home abuse can take many forms, from neglect to financial scams to physical, mental or sexual abuse. If you or a loved one has suffered these abuses at a nursing home in the Louisville or Lexington areas, you need to call the Sciantarelli Law Firm.
Many nursing homes will try to get you to sign papers releasing them from liability for the abuse, or they’ll try to quickly cover up the issue. However, nursing home abuse isn’t something that your loved one will get over easily, and they may require additional care during their recovery and subsequent care. You and your family shouldn’t suffer the financial repercussions of the abuse and later care that is required to help your loved one. Kevin Sciantarelli is a nursing home abuse attorney that will fight for your rights to compensation in order to help your loved one recover and get the care that they need.
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Tips For Choosing An Acceptable Nursing Home
The Department of Health and Human Services offers some great tools when you are looking for the appropriate nursing home to care for yourself or a loved one. The Medicare office offers important information on nursing homes, allowing you to compare nursing homes that are certified in Medicare and/or Medicaid.
First and foremost, always tour a nursing home facility in person. This will allow you to observe the overall conditions and apparent quality of the facility for yourself.
When touring potential nursing homes, take note of the following:
During your tour, ask about available activities for residents, how medications are administered, and any special needs you or your loved one may have. You will also want to do your own research before or after visiting the facility but, keep in mind, there is truly no substitute for an in-person visit.
Will I Need A Nursing Home Abuse Attorney
When faced with nursing home abuse allegations, the nursing home is certain to be represented by an attorney to protect its interests. Nursing home laws and regulations are complicated and vary from state to state, so it is advisable to obtain legal counsel from a lawyer in Louisville experienced in nursing home abuse cases to protect your loved ones rights.
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Contact Our Louisville Team Today
After learning that your loved one has been victimized by abuse or neglect at the hands of a nursing home can be unsettling, since you put your trust in the nursing home. The attorneys at the Sampson Law Firm recognize that you trusted the nursing home with your loved ones care, and we will do our utmost to help you obtain the justice and closure that you need. Complete our online form or contact us at 584-5050, and we will discuss the complexities of your case. At the Sampson Law Firm, we have a positive track record of assisting nursing home abuse victims for years, and we can help your family too.
It takes strong and capable leaders that have an exceptional legal background to assist you when you or your family has been wronged. Everything may seem overwhelming right now, but with legal representation, you are never alone. Our legal team will be your best advocate, as the well-being of your loved ones is our top priority.
What Can I Do About My Loved Ones Nursing Home Abuse
If you or a loved one is subjected to physical, psychological, or emotional abuse by nursing home personnel, you can take action to protect your legal rights. The nursing home may offer to compensate you in return for not reporting the abuse to authorities and ask you to sign a release form in an attempt to prevent you from suing.
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What Damages Can Victims Recover After Nursing Home Abuse
Victims of nursing home abuse in Louisville should be able to recover various types of compensation if their claim is successful. Our lawyers work diligently to recover economic damages and non-economic damages on behalf of all nursing home abuse victims and their family members. This includes calculable losses such as medical bills, physical therapy or rehabilitation, payment to move from one facility to another, legal figures, etc.
However, a major part of compensation recovery revolves around more immeasurable losses, or non-economic damages. These types of losses are not as easily calculable because there may not be bills or receipts to help us determine a nursing home abuse victims level of physical, emotional, or psychological pain and suffering. The abuse a person endures can lead to this internal trauma that can cause sleeplessness, fear, anxiety, and post-traumatic stress disorder .
There is no set amount of compensation paid to nursing home abuse victims in Louisville. Rather, insurance carriers or personal injury juries will examine various factors related to compensation amounts. These factors can include the severity of the abuse or injuries that occur, how long the abuse lasted, the egregiousness of the violations of the nursing home or employee, and the total level of pain and suffering. Our lawyers will work with trusted medical and financial experts to help adequately calculate total losses.
Kentucky Personal Injury And Wrongful Death Lawyers
We know it can be difficult to determine what to do after an accident resulting in serious injury or death of a loved one. Things only get worse when the insurance company fights your claim. You may be facing big problems and need big results. Thats where we can help.
Kentucky personal injury attorneys Mark Gray and Matt White head up a team of legal professionals dedicated to helping you make the best decisions during difficult times in your life. With over 50 years of combined experience, Gray and White have handled hundreds of personal injury cases where people just like you have been harmed by the irresponsible or negligent actions of another person or corporate entity.
Our Kentucky law firm doesn’t just claim to get good results for our clients, we actually do it. Our firm works diligently to obtain positive results and we have been involved in cases resulting in paid damages of over $1 billion for our clients.
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Legal Action Can Be Brought Against A Nursing Home For Abuse On The Following Grounds:
- Negligent Hiring: Facilities can be held liable if they hire someone who abuses a resident or is unqualified to render care to a resident and their lack of qualifications results in injury to a resident. They may also be found liable for inadequately or improperly training or supervising their employees.
- Negligent Supervision: If the facility fails to properly supervise its residents, it may be found liable for negligent supervision. For instance, if a resident who is at risk of falls were to fall over and get hurt because they were not adequately supervised, the facility may be at fault.
- Failure to Keep the Premises Safe: Facilities have a duty to keep their premises safe. If it is found that they knew of a possible danger and did not fix it or if the staff caused a danger resulting in harm to a resident, then the facility can be found liable.
- Failure to Provide Adequate Medical Care or Treatment: Facilities also have a duty to provide proper medical care and treatment to the residents. Charges of this type may allege medical malpractice and can result from giving the resident the wrong medicine or from failing to treat injuries and illnesses.
- Failure to Maintain Clean and Sanitary Conditions: Facilities shall keep their premises clean and sanitary. They must have in place and enforce policies designed to keep common areas and resident rooms clean and safe.
The Consequences Of Nursing Home Abuse
Senior citizens often suffer from medical issues that can cause abuse to be even more damaging than usual. Unique problems of the aged, such as osteoporosis, can make them especially vulnerable to fractures. With decreased skin elasticity, the elderly are much more likely to have their skin bruised, cut, or torn. Finally, the weakened immune systems of seniors mean that recovering from abuse can be a long and difficult process.
Examples of nursing home physical abuse:
- Being punched, beaten, slapped, pushed, or shoved by staff members.
- Being shaken, kicked, dropped, or slapped by staff members.
- Being restrained physically or chemically without a doctors orders.
- Being cut by staff members.
- Having their hair pulled.
Contact Gladstein Law Firm, PLLC today online.
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Signs Of Nursing Home Or Elder Abuse
Family members of those in nursing homes need to be vigilant. Nursing home employees and volunteers are often responsible for this abhorrent abuse. Family members should look for the following signs and symptoms of abuse and alert authorities if they discover abuse has occurred:
- Unexplained cuts, burns, bruises, and scrapes
- Bedsores at any stage
- Constant odors from urine and feces
- Dirty living quarters or facility
- Unresponsiveness or lethargy of the resident
- Anxiety around certain caregivers or residents
- Rapid mood changes or depression
Sadly, a large percentage of nursing home abuse victims dont report what they are suffering. They may be unable or unwilling to report elder abuse out of fear of retaliation, physical or mental incapacities, or feelings of self-blame or guilt. This is why it is important to visit your loved one often and stay vigilant for potential signs of abuse.
Louisville Nursing Home Malpractice Lawyers
Nursing homes advertise a safe, comfortable environment for the elderly and disabled who require living assistance or do not wish to live alone. Nursing home staff are responsible for providing the care that residents need, and when they fail to do so, they can be held legally responsible for any harm that results from these lapses.
Sadly, nursing home negligence and abuse are problems that elderly individuals may face frequently within these environments. If you suspect that you or a loved one has been harmed by the staff or poor conditions of a nursing home, contact the Louisville nursing home malpractice lawyers of Sampson Law Firm at 502-584-5050.
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Signs Of Physical Abuse
- Unexplained physical injuries
- Bruises on thighs or inner arms, indicating excessive restraint
- Frequent unexplained illnesses
- Pain or sensitivity to touch
- Sudden lack of control of bodily functions
- Medication changes
- Unexplained changes in personality
- Excessive shyness
- Fear around a particular caregiver
- Trembling or shaking
- Injuries to the genital region
- Unexplained sexually transmitted diseases
- Discomfort or apprehension around a certain caregiver.
What Is Nursing Home Abuse And Nursing Home Neglect
Nursing home abuse, or elder abuse, is the violation of the vulnerable elderly population by means of physical, emotional, financial, or sexual abuse or exploitation. A nursing home or other long-term living facility has an obligation to care for each residents physical, emotional, and psychosocial well-being. If the facility or one of its employees fails to do this by way of neglect or outright abuse, it is in violation of the law and could be liable for the victims harms. This can include medical bills, emotional distress, and more. Be sure to contact a Louisville nursing home abuse lawyer to help you navigate the legal process.
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What Is The Statute Of Limitations On A Kentucky Nursing Home Abuse Case
The standard time limit for a personal injury lawsuit in Kentucky including a nursing home abuse or neglect case is one year from the date of the accrual of the cause of action. This is a shorter statute of limitations than in many other states. This law means that a victim of nursing home abuse must file a lawsuit within one year of the last incident of abuse or neglect to have a valid claim.
With only some exceptions, if you miss the deadline to file a claim in Louisville, the courts will refuse to hear your nursing home abuse case. If you are filing a claim involving the wrongful death of your loved one while in a nursing homes care in Kentucky, you will have one year from the date on which the deceased individuals representative is appointed or two years from the date of death, depending on the circumstances. The best way to ensure a valid claim is by contacting an attorney as soon as possible.
How To Find The Right Attorney
- Determine the area of law that relates to your issue. Attorneys specialize in specific practice areas around legal issues within the broad field of law.
- Seek out recommendations from friends, family, and colleagues. A successful attorney or practice will typically have many satisfied clients.
- Set up consultation appointments to get a better understanding of your case as well as gauge your comfort level with different attorneys. Find the attorney who is the right fit for your needs.
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What Should I Do When I Suspect My Loved One Is Abused Or Neglected
There are telltale signs that often expose the abuse or neglect of a nursing home resident.
Common signs of abuse include:
- Unexplained injuries, such as broken bones and sprains
- Signs of restraint on the wrists and ankles
- Bruising or scars
- Staff refusal for alone time with your loved one
Common signs of neglect include:
- Unsafe or unkempt living conditions
- Lack of hygienic care
- Weight loss or dehydration
When Should I See A Lawyer
Seeking legal representation from a qualified attorney as soon as it is feasible after a nursing home injury or accident is highly recommended. In numerous cases, there can be time sensitive legal filing deadlines that must be addressed right away. So that you and your familys rights can be protected, dont hesitate to contact an attorney when complications arise regarding your loved ones nursing home care.
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Protect Your Loved Ones In A Nursing Home
Nursing homes should be a safe place where the elderly and those who cannot take care of themselves completely are cared for and nurtured as needed. Most nursing home workers are compassionate and spend dozens of hours every week looking after those who need to be cared for. Tragically, in some instances, people take advantage of the trust offered them and abuse those who are placed in their care.
If you suspect a loved one has been the victim of nursing home abuse, you need to act immediately to protect them and ensure they are safe in the future. The first thing you should do is contact a Louisville law enforcement agency and the Kentucky Cabinet for Health and Family Services to report your suspicions and the evidence you have. You should then make sure those responsible for such horrendous offenses are liable for their actions. Call Kaufman & Stigger, PLLC today at 937-8443 to talk to a local, experienced Louisville medical malpractice lawyer. We can discuss your case and work to make sure to protect the applicable partys rights.
Nursing Home Abuse Cases That We Handle
Kentucky is a mandatory reporting state for elder abuse or neglect. If you suspect elder abuse, you are legally required to report it. At the Sampson Law Firm, our Louisville nursing home abuse lawyers are prepared to handle a wide range of injury cases, but most cases can be categorized as the following:
According to a National Center on Elder Abuse 2004 survey with the Kentucky Cabinet for Health and Family Services, national data shows that caregiver neglect was the second most common type of abuse at 23.7%, behind self-neglect which is 26.7%. The survey also shows that the increase in age also increases the likelihood of abuse, neglect, and exploitation. See below, as taken from the Kentucky Cabinet for Health and Family Services website:
- 20.8 percent of victims were between the ages of 60-69
- 36.5 percent of victims were between the ages of 70-79
- 42.8 percent of victims were over the age of 80
These percentages include elders who live alone or with relatives, as well as those within long-term care facilities.
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