Louisville Nursing Home Abuse Lawyer

Request Your Free Consultation

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 at (502) 210-8942 or fill out our online form to schedule your free consultation. 

Louisville Nursing Home Abuse Resources:

What is Nursing Home Abuse?

Nursing home abuse refers to any intentional or negligent act that causes harm or distress to nursing home residents or residents of assisted living facilities. 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.

Nursing home abuse is often referred to as elder abuse because most nursing home residents are elderly. However, nursing home abuse victims may be adults of any age. Another important distinction is that elder abuse can occur outside of a nursing home or assisted living facility. Many cases of elder abuse are committed by family members with the home.

Common Examples of Nursing Home Abuse

Nursing home abuse can take many forms, and it is not always easy to detect. Some common forms of abuse nursing home abuse victims suffer include:

  1. Physical abuse: This can include hitting, slapping, pushing, or restraining residents, as well as overmedicating or withholding medication.
  2. Emotional abuse: This can include verbal abuse, threats, isolation, and humiliation.
  3. Sexual abuse: This can include any unwanted sexual contact or activity with a resident, including inappropriate touching, sexual assault, or rape.
  4. Financial abuse: This can include stealing money or personal property from residents, forging signatures, or coercing residents into giving away money or assets.
  5. 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.
  6. 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:

  1. Understaffing: Nursing homes that are understaffed or have inadequate training may be more likely to have abuse or neglect occur.
  2. Poor management: A lack of accountability and supervision from management can lead to a culture of abuse in nursing homes.
  3. Burnout and stress: Caregivers who are overworked, underpaid, or lack adequate support may become frustrated and take out their frustrations on residents.
  4. 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.
  5. 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.
  6. Isolation: Isolated residents may be more vulnerable to abuse and neglect, as there is no one to witness or report mistreatment.

How Widespread is Abuse in Kentucky Nursing Homes?

Citing a recent study by the National Center on Elder Abuse, the National Council on Aging (NCOA) reports that less than one in 24 cases of abuse in nursing homes is reported. The problem may be especially bad in Kentucky. According to a recently published U.S. Senate Report on home abuse titled “Uninspected and Neglected,” Kentucky has the most understaffed nursing home inspection agency in the nation, with a vacancy of 83%. The report notes that the understaffed agency has created a backlog of uninvestigated nursing home abuse complaints that put Kentucky nursing home residents at risk.

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 every nursing home resident with a range of rights and protections, including:

  1. The right to be free from abuse, neglect, and exploitation.
  2. The right to be treated with respect and dignity.
  3. The right to receive adequate medical care and treatment.
  4. The right to have access to family, friends, and other visitors.
  5. The right to be informed of any changes in their medical condition or treatment.
  6. The right to participate in activities and make choices about their own care.
  7. 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.

If you are uncertain about the status of your case under Kentucky’s statute of limitations, call Gray & White Law today to schedule a free consultation with a Louisville Nursing Home Abuse Attorney.

Areas We Serve

Our Louisville nursing home abuse attorneys serve all of Louisville including: 

Downtown Louisville, The Highlands, Parkway Village, Germantown, Old Louisville, St. Matthews, Crescent Hill, Clifton, Butchertown, East Market District, Shively, West Buechel, Audubon Park, Lynnview, Jeffersontown, Lyndon, Orell, Knopp, and many more

Louisville Nursing Home Abuse FAQs

What should I do if I suspect my loved one is being abused or neglected in a nursing home?

If you suspect abuse or neglect in a nursing home, it’s crucial to take immediate action. Start by ensuring your loved one’s safety by removing them from the facility if necessary. Document any visible signs of abuse or neglect, take photographs, and seek medical attention for your loved one’s injuries. Report your concerns to the nursing home administration and appropriate authorities, such as the local Adult Protective Services agency. Contact an experienced nursing home abuse lawyer in Louisville to explore legal options and protect your loved one’s rights.

How can I prove nursing home abuse or neglect in a legal case?

Proving nursing home abuse or neglect in a legal case typically involves gathering evidence, which may include medical records, photographs of injuries, witness statements, surveillance footage, and expert testimony. An experienced nursing home abuse lawyer can assist in investigating the case, securing evidence, and building a strong legal strategy to demonstrate the abuse or neglect and its impact on your loved one’s well-being.

What damages can be sought in a nursing home abuse lawsuit?

In a nursing home abuse lawsuit, various damages can be sought, including:

  • Medical expenses related to injuries caused by abuse or neglect
  • Pain and suffering endured by your loved one
  • Emotional distress and mental anguish
  • Punitive damages in cases of extreme negligence or intentional harm
  • Compensation for any permanent disabilities or injuries
  • Wrongful death damages if the abuse or neglect led to a fatality
  • The specific damages sought will depend on the circumstances of the case.

Why should I choose Gray & White, PLLC for my Louisville nursing home abuse case?

Our experienced nursing home abuse attorneys have a proven record of securing millions in compensation for our clients.At Gray & White, PLLC, we understand the sensitive nature of these cases and the importance of seeking justice for your loved one offer free consultations to discuss your situation, provide legal guidance, and assess the viability of your case.

What is Considered “Neglect” in a Nursing Home?

Nursing home neglect refers to the failure to provide adequate care and attention to residents. This can encompass inadequate supervision, insufficient medical care, inadequate nutrition, and failure to address hygiene needs. Neglect can result in harm to residents, including medical complications, injuries, or deterioration in their overall health.

How do I file a complaint against a nursing home in Louisville, KY?

To file a complaint against a nursing home in Louisville, KY, you can contact the Kentucky Cabinet for Health and Family Services or the Long-Term Care Ombudsman Program, which advocates for residents’ rights. Consulting with an experienced nursing home abuse lawyer like Gray & White, PLLC, can also provide valuable legal guidance and support throughout the process.

Our Nursing Home Abuse Case Results

Our Louisville nursing home abuse lawyers have a track record of delivering substantial results for our clients. 

  • $5,200,000 Settlement: In a tragic case involving a paraplegic resident, we secured a $5.2 million settlement after the resident suffered a fatal infection from a bedsore.
  • $3,000,000 Settlement: Our team obtained a $3 million settlement for a victim who experienced malnutrition and dehydration while in a nursing home.
  • $1.9 Million Settlement: We successfully recovered a $1.9 million settlement for a client who suffered from stage-4 bedsores due to the nursing home staff’s negligence in turning the resident and ensuring proper hydration.
  • $975,000 Settlement: Our attorneys acquired a $975,000 settlement for a client who endured severe dehydration caused by the nursing home staff’s failure to provide adequate nourishment and fluids.
  • $900,000 Settlement: In another case involving malnutrition, dehydration, and kidney injury, we secured a $900,000 settlement, ensuring that our client received the compensation they deserved for their pain and suffering.

At Gray & White Law, our clients are not just cases; they are a part of our extended family. When you choose us to represent you, you become a valued member of our family, and we wholeheartedly commit to fighting for your rights, just as we would for our own. Our track record of securing substantial settlements, such as the ones mentioned above, reflects our unwavering dedication to seeking justice for victims of nursing home neglect and abuse.

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 Louisville nursing home abuse lawyers 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 online or by calling (502) 210-8942 today for a free consultation to discuss your case and learn how we can help you.