Louisville Nursing Home Abuse Lawyer
If your loved one is in a nursing home, you should be able to count on them being safe at all times. However, there are times when nursing home staff are abusive and cause serious harm to residents. If you suspect your loved one has been abused in a nursing home, turn to the Law Office of Hendy | Johnson | Vaughn | Emery today. Our Louisville nursing home abuse attorneys will get to work securing the compensation your loved one is entitled to.
Why Choose Hendy | Johnson | Vaughn | Emery?
Nursing home abuse incidents require assistance from a skilled attorney, and the team of Louisville personal injury lawyers at Hendy | Johnson | Vaughn | Emery is ready to get to work on your behalf.
- We have immense experience in handling personal injury law cases, and we are recognized as authorities in this field due to our specialized experience.
- We are committed to consistent and open communication with all clients. You will have direct access to your attorney, and we are more than willing to come to you if you cannot make it to our office.
- We take all Louisville nursing home abuse cases on a contingency fee basis, which means that our clients owe no legal fees until we secure the compensation they deserve.
Will an Attorney Be Beneficial for This Case?
You can benefit in many ways by hiring a lawyer for a complicated case involving nursing home abuse in Louisville. A lawyer will know all of Kentucky’s related laws and how to navigate them during a civil claim. A Louisville nursing home abuse attorney will have the resource and experience necessary to properly pursue full compensation for your case. They will be responsible for:
- Working with a trusted medical professional to assess the harm caused to your loved one.
- Obtaining all evidence related to the abuse as well as a history of the employee or agency involved.
- Negotiating with all parties involved to secure full compensation for your loved one.
- Nursing home abuse can happen in many different ways.
With help from an attorney, you can fight for fair financial compensation from a nursing home’s insurance provider rather than being taken advantage of by a claims adjuster. For example, a lawyer can take your elder abuse case to trial in Kentucky, if necessary, to demand fair compensation. A just financial recovery is especially important if your elderly loved one suffered a severe or catastrophic injury due to nursing home abuse.
Facts About Nursing Home Abuse
Studies indicate that one out of every ten people over the age of 60 experience elder abuse in this country. That is unacceptable, and those who perpetrate elder abuse should be held accountable both criminally and civilly. According to the National Council on Aging (NCOA), this abuse takes many different forms, and can include:
- Physical abuse. Intentionally harming or injuring a nursing home resident, such as through punching, hitting, kicking, slapping, burning or biting a victim.
- Sexual abuse. Any sexual contact between a nursing home employee and a resident, including touching of the private parts, kissing, groping or sexual intercourse.
- Neglect of basic necessities. Failing to provide for an elder’s physical, emotional and medical needs, such as proper nutrition, hydration, personal hygiene and health care.
- Improper medication. Carelessly or negligently prescribing or administering the wrong medication or dosage to a nursing home resident.
- Financial abuse. Exploiting a senior citizen for financial gain, such as through fraud, scams, misrepresentation or coercion.
- Psychological and emotional abuse. Verbally assaulting, harassing, berating or demeaning an elder or causing emotional harm through other means, such as improper restraint or isolation.
Any type of elder abuse or deviation from the proper standard of resident care at a nursing home can injure a victim. Elder abuse and neglect can lead to physical injuries, persistent health problems, mental health disorders, emotional distress, decreased enjoyment of life, and increased mortality rates. The nursing homes in Louisville that are guilty of abusing their residents can face criminal and civil repercussions for these crimes.
Nursing Home Responsibilities and the Resident’s Bill of Rights
Nursing homes have a legal obligation to properly care for their residents. A nursing home must look out for the physical, emotional and psychosocial well-being of its residents. It must provide adequate medical care, supervision, food and water, a safe environment, and stimulating activities. A state law known as the Resident’s Bill of Rights in Kentucky ensures that nursing homes protect and promote the following:
- The right to a dignified existence, self-determination, and communication with and access to people inside and outside of the nursing home.
- The right to be treated with respect, dignity and care in a manner and environment that promotes the maintenance or enhancement of the resident’s quality of life.
- The right to equal access to quality care regardless of an individual’s condition, diagnosis or payment source.
- The right to be free from interference, coercion, discrimination and reprisal from the facility in exercising his or her rights.
- The right to be informed of and participate in his or her treatment, including treatment related to the resident’s medical condition, attending physician and care.
If a nursing home in Louisville falls short of the requirements under the Resident’s Bill of Rights, it can be held legally responsible for any harm or damage done to a resident as a result. Unfortunately, many examples of nursing home neglect and abuse go beyond encroaching on a resident’s rights and involve violence or criminal acts, such as assault, battery and sexual abuse. In this scenario, the nursing home and perpetrator could face criminal charges as well as a civil lawsuit brought by the injured victim or the victim’s family.
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
- Lingering or frequent infections
- 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 don’t 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.
What to Do if You Suspect Nursing Home Abuse in Louisville
If you have reason to believe that your elderly loved one is suffering from abuse or neglect at a nursing home in Louisville, take action to protect him or her right away. Remove your loved one from the nursing home and relocate to a safe place. Then, take the following steps:
- Call 911 to reach local law enforcement in an emergency. Then, report your suspicions of elder abuse, neglect or exploitation to Adult Protective Services. This agency is responsible for keeping vulnerable adults safe and will investigate your complaint. Call 1-800-752-6200 to file your report.
- Complain to the Office of the Inspector General at (502) 564-7963. This is the agency responsible for licensing nursing homes in Kentucky. You can also report nursing home abuse to the Office of the Attorney General’s tip line at 877-ABUSE-TIP (228-7384).
- Get your loved one the medical care that he or she needs for any injuries or health problems. Document medical treatment by requesting copies of the victim’s medical records. Take photographs of any physical injuries to record the abuse for authorities.
- Gather as much information as possible about the abuse, neglect or exploitation and write down a description of events. Include the name and address of the facility, the date and time of the incident(s), the nature of the abuse, the name of the alleged perpetrator, and the names of any witnesses.
- Contact a nursing home abuse lawyer in Louisville at the Law Office of Hendy | Johnson | Vaughn | Emery by calling (502) 540-5700. Our lawyers will help you gather records from the nursing home and build a strong personal injury or wrongful death claim against the facility.
Once you hire a lawyer, you and your family can focus on healing while your lawyer handles the legal side of things for you. An attorney can collect evidence, interview witnesses, hire experts, submit claims paperwork, and take the other steps involved in pursuing a civil claim for nursing home abuse or neglect on your behalf.
What Type of Compensation Is Available for This Case?
If you suspect that your loved one has been abused in a nursing home, you need to seek legal assistance today. At the Law Office of Hendy | Johnson | Vaughn | Emery, our qualified and experienced team will investigate your case and work to secure the compensation your loved one is entitled to. This could include:
- Coverage for all medical expenses related to the abuse
- Pain and suffering damages
- Loss of enjoyment of life damages
- Relocation expenses if necessary
- Wrongful death damages, if applicable
- Possible punitive damages against the abuser and facility
Case values are based on the severity of the victim’s injuries, among other factors. Our lawyers will carefully analyze your case to estimate a fair and reasonable value. Then, we will use proven legal strategies and negotiation tactics to go up against a nursing home and its insurance company on your behalf. We will pursue the financial compensation that your loved one deserves.
What if You Believe a Loved One Passed Away Due to Nursing Home Abuse?
It is a tragic reality that some incidents of nursing home abuse and neglect are fatal. If you found out that your elderly loved one passed away while residing at a nursing home in Louisville and the circumstances of the death are suspicious, our lawyers can investigate a potential wrongful death claim. If there is evidence that a nursing home staff member caused or contributed to your loved one’s death, we can help your family seek justice and financial compensation.
A wrongful death lawsuit could end in a financial recovery to pay for related funeral and burial costs, as well as any related medical expenses leading up to the date of death. You may also qualify for compensation for the loss of consortium, or the loss of your loved one’s care, companionship and love.
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 home’s care in Kentucky, you will have one year from the date on which the deceased individual’s 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.
Contact an Experienced Nursing Home Abuse Lawyer in Louisville Today
The elderly deserve much more than abuse, neglect or an environment where they feel unsafe. Nursing homes are meant to be places of rest and respite where seniors can happily live out the rest of their lives. If you or someone you love is a victim of nursing home abuse, neglect or exploitation in Louisville, Kentucky, do not hesitate to contact the Law Office of Hendy | Johnson | Vaughn | Emery for assistance. We will work tirelessly on your case to demand justice and maximum financial compensation. When you need a Louisville nursing home abuse attorney, you can contact us for a free consultation by clicking here or by calling us at (859) 578-4444.