With one-quarter of long-term facilities in the state of Kentucky are without any effective care plan and one in every three is accidental prone, Kentucky nursing home lawsuits are quite common. The national scenerior is also riddled with such rampant mistreatment. According to a congressional report, over 30% of US nursing homes are indicted for abuse and negligence of residents. About a fifth of complaints are “serious enough to cause actual harm to residents or to place the residents in immediate jeopardy of death or serious injury.”
The reports admitted of finding “numerous” instances of “serious, physical, sexual and verbal abuse” at long-term care centers and listed “untreated bedsores, inadequate medical care, malnutrition, dehydration, preventable accidents, and inadequate sanitation and hygiene” as the most reported problems the inmates face. Residents are being “punched, slapped, choked or kicked by staff members or other residents, causing injuries such as fractured bones or lacerations.”
In one instance, the nursing home staff “bribed” a mentally disturbed inmate with cigarettes to assault another inmate and enjoyed watching both beating one another. A caregiver at another facility hit on the face of a resident, who was begging for help, shouting “”I’m tired of your ass.” The patient suffered with a broken nose. Sexual abuse of female patients by male staff during bathing is frequent.
The investigative report also expressed concern over the upward trend of nursing home abuse complaints in the last two decades. Derived from state inspections, the document cited for-profit facilities for maximum number of abuse and neglect incidents.
Kentucky Nursing Home Lawsuit
Last month an Edmonson jury indicted three employees of a Kentucky nursing home on charges of physical assault, endangering life of residents, and criminal abuse. In 2012, a state court awarded $42.75 to the family of an inmate, who died of dehydration after a week of his arrival. Another 88-year-old resident died at a care center after she suffered from four slip and fall accidents and sepsis. Investigators blamed inability of center staff to provide physical support and timely medical treatment as causes of her death.
What Constitutes Nursing Home Abuse
A few years ago, a state inspection team discovered many residents at a nursing home were kept in physical restraints. At another facility, a 90-year-old was found to be helpless as ants were walking on his body. Such health and safety standards violate the right of inmates and trust of their families who expect better care for their seniors.
In Kentucky, nursing home lawsuits can be filed when there are abuse and neglect instances leading to death or injury, physical abuse or assault, sexual abuse, identity theft, lack of medical care, improper medication, slip and fall injury, malnutrition, bedsores, sepsis, and other instances. Call us today for a free consultation to see if our team can help.
The Law on Kentucky Nursing Home Abuse
The intricate legal and health issues related to abuse and mistreatment at care centers requires legal help from an experienced Kentucky nursing home lawyer. Residents at long-term care centers are endowed with comprehensive statutory rights against ill-treatment, disrespect, exploitation, and cruelty. The tort law also covers any type of criminal assault or neglect that cause personal injury to them. Kentucky’s Adult Protection Act enacted in 1976 makes nursing homes liable to report any incident of abuse, neglect, or exploitation.
Kentucky Nursing Home Abuse Lawsuit: Remedies
- Criminal punishment is awarded to staff, operator, and owner of care centers for their action and inaction perpetuating Kentucky nursing home abuse or neglect. Any complaint received by authorities is duly investigated and court trial commences for indicted persons charged with assault, endangering life and security of inmates, sexual exploitation, fraud, or criminal disregard. They are prosecuted for failing to carry on their duty to care and breaching the trust of inmates and their families.
- Civil action, independent of criminal prosecution, can also be initiated. Categorized as a personal injury claim, any such lawsuit seeks compensatory and punitive damages. The plaintiff must obtain and present relevant records, evidence, expert testimony, and proof of injury along with his claim details.
- Hire a professional Kentucky nursing home abuse attorney to help you navigate complex procedures and build up your claim with due legal process.
We offer to guide plaintiffs seeking actions against mistreatment and negligence at care centers. If you have reasons to believe that a resident is subject to abuse at a nursing home in Paducah, Kentucky, please contact us or call on 1-866-447-0150 to discuss the best course of action.