Louisville Nursing Home Abuse Lawyer

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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.

Who Can be Held Liable for Nursing Home Abuse?

A nursing home employs numerous people at every level to ensure your loved ones are taken care of while in the nursing home’s care. Unfortunately, nursing home abuse does happen due to the malicious behavior of some caretakers, resulting in the need to contact a Louisville nursing home abuse lawyer.

The Kentucky nursing home you choose to place your loved ones at should take care to screen their employees for potential issues such as: 

  • record of prior termination;
  • criminal records;
  • violent history;
  • improper training; or
  • any other misconduct. 

Once hired, all nursing home staff should be trained for their role in interacting with patients and providing for their care and comfort. Even those who do not come in direct contact with the patients such as janitors, cooks, or administrative staff should be aware of how their actions impact the health of their residents.

A Louisville nursing home abuse lawyer can help investigate staff records to determine if the abusive staff had a history of incidents or past records of negligent or abusive behavior. These circumstances, along with other proof of negligence or abuse, may allow you to hold the Kentucky nursing home liable for the injuries and abuse your loved one suffered due to the misconduct of their employees.

Not only can the employee of the Kentucky nursing home be held liable for direct abuse, but also the administration that allowed their hire and employ. Negligence in screening employees is a case against the Kentucky nursing home that a Louisville nursing home abuse lawyer can help you file.

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.

How Long Does it Take to Resolve a Nursing Home Abuse Claim?

Every case is unique, and there is no standard answer to your question.

Many of our clients want their nursing home abuse cases resolved as quickly as possible. They want to make sure that their loved ones get the money they deserve, they want nursing homes held accountable for the negligence or abuse that never should have happened, and they want the stress of litigation to go away.

We understand and respect these goals, and we always work to try to settle a case fairly and quickly. However, we do not advise settling a case quickly if the settlement does not provide fair compensation. To settle for less than fair compensation would not achieve any of your goals.

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.

What defenses should I expect in a nursing home abuse case?

Depending on the circumstances, you may hear one or more of the following from the nursing home administrators or attorneys:

  • We’re sorry your parent got hurt, but it wasn’t our fault. The nursing home may acknowledge your loved one’s injury but maintain that the injury did not happen because of any neglect or abuse by nursing home staff. Unfortunately, accidents happen, and not every injury that occurs in a nursing home happens because of abuse or neglect. However, we encourage you not to take the nursing home at its word. Instead, let your lawyer investigate whether the nursing home’s negligence or abuse may have contributed to your parent’s injury.
  • Your parent’s injury was because of a medical condition, not abuse or neglect. The nursing home may maintain that your loved one’s injury occurred because of an existing medical condition or advanced age. However, even if your parent’s medical condition or age was a factor in their injury, the nursing home may still be liable for neglect if the nursing home failed to recognize the danger and provide reasonable care to prevent the injury.
  • We don’t know how your parent got hurt. In this situation, the nursing home may provide you with critical information without meaning to do so. A nursing home that provides reasonable care should know why someone got hurt or have procedures in place to find out why someone got hurt.
  • We may have forgotten to document the care your parent received, but your parent was not neglected. In the absence of documentation, the nursing home should be prepared to prove that something happened. For example, if your loved one’s chart does not indicate that medication was provided and the nursing home maintains that the medication was provided, then the staff member who administered the medication should be prepared to provide details about how and when it was done.
  • Your parent should never have been placed at our facility. The nursing home may argue that it was not prepared to take care of your loved one and that you should have chosen a different facility. However, since your loved one lived at the nursing home, the nursing home had a duty to provide reasonable care for your loved one. It’s essential to closely examine any warnings the nursing home provided you and the efforts the nursing home made to care for your loved one.
  • We complied with all government regulations. A nursing home may follow all of the minimally required care regulations and still fail to provide a resident with appropriate care.
  • The statute of limitations has run. Generally, you have just one year to file a Kentucky nursing home abuse or neglect personal injury lawsuit. If you fail to file a complaint in court before the statute of limitations expires, then the nursing home may raise the statute of limitations as an affirmative defense, and your case may be dismissed.

Additional defenses are possible depending on the unique circumstances of your case.

Is it legal for nursing homes to use an unprescribed medication to sedate patients?

It is not legal for a caregiver to administer a prescription medication that has not been ordered by the patient’s physician. However, even if sedatives have been prescribed for a nursing home patient, they are often unnecessary or being used for the wrong reasons.

Over sedation in nursing homes isn’t just a problem in Pike County. According to the federal Centers for Medicare and Medicaid Services Usage, over 21 percent of long-stay nursing home residents—or over 300,000 patients—are being given anti-psychotics to keep them sedated.

  • Physicians are able to prescribe any medication they feel will help treat a patient. This includes medications that are intended to treat other purposes, but have side effects that may help a non-sufferer—also called off-label use.
  • Since the staff will often administer residents’ medications, is not uncommon for medicines to be “pooled” and given in a way that best accommodates the staff rather than the patients. Residents who complain of pain, start wandering, or become agitated may be given another resident’s medication to keep them calm. In many cases, patients are given anti-psychotic medications such as Risperdal to render them unconscious.

While many care facilities may see over sedation as a convenient solution to understaffing or caring for difficult patients, sedation increases the risk of health problems. Many elderly residents may suffer bedsores, infections, and even strokes as a result of overmedication in nursing homes—while many family members are never told that their loved ones are being drugged. 

Is the staff of a nursing home facility in Kentucky required to report abuse?

Yes, if anyone is aware of neglect or abuse of an elderly person, he or she is required to report it to the Kentucky Cabinet of Health and Family Services immediately. If you have reason to believe a loved one’s neglect has gone unreported, call a Kentucky nursing home neglect attorney to file a Louisville nursing home neglect claim.

In turn, the Cabinet is required to report the alleged abuse to the respective law enforcement agency within 24 hours. 

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.