The alarmingly high rate of care center negligence and criminal exploitation has even enraged professional nursing home abuse lawyers in Kentucky fighting for the rights of residents. Lacking adequate facilities and failing to better their care standards, a majority of about 280 state long-term care centers received a “D” grade in a survey by the Families for Better Care. With about 58 percent rise in neglect complaints reported by the Cabinet for Health and Family Services, nursing home neglect in Kentucky is one of the worst in the country.
Federal Report Highlight Noncompliance
According a ProPublica report, Kentucky nursing homes are more often blamed for serious deficiencies compared to other states, 40 times higher than neighboring Virginia. When compared to California, which has five times more nursing homes, Kentucky scores a four-time higher number of serious deficiencies complaints. The extent of nursing homes abuse in Kentucky can be gauged from the fact that the state is ranked in the lowest category and cited as a high risk state.
One in every four centers has failed to ensure clean and hygienic living conditions for inmates. Almost one in every five centers is found lacking proper facilities. A high number of deficiencies have led to a large number of people consulting nursing home abuse attorneys in Kentucky to start tort actions for ill-treatment of elders and negligent care.
The latest report of the federal health & human services department reveals that many nursing homes even do not bother to adhere to the abuse reporting system in place. They have forgotten their duty “to protect the well-being of residents” for profits. It makes shocking revelations that highlights
- one in every four facilities do not have abuse or neglect allegations reporting policies in compliance with adult protection laws
- residents in 85 percent of nursing homes are subject to abuse
- about 40 percent of these care centers do not have documentation showcasing the compliance with reporting regulations
- almost half did not report abuse or neglect investigation results in 2012
Kentucky Nursing Home Abuse Lawsuit: The Legal Framework
- Adult Protection Act
The state Protection of Adults Act adopted in 1976 is the fountain source of litigation against nursing homes. It empowers anyone to report about elderly abuse to the authorities, if he or she finds evidence or suspects the same. Care centers are subject to criminal breach of trust and noncompliance with stated rehab policies for their action and inaction leading to any type of neglect of residents, including emotional cruelty, physical violence, self-neglect, negligence of the caregiver, sexual abuse, and financial fraud.
- Rights of Elders
Kentucky Revised Statutes 216 lays down the rights of long-term care residents and defines the extent of nursing home obligations. Elder residents are guaranteed against safety physical, financial, and emotional abuses, negligence, ill-treatment, detention, and privacy violation. Simultaneously, they have the right to proper medical and non-medical care, right to meet visitors, right to live healthy in safe environment, and right to complain against breach of duties by their caregivers.
- The Legal Process
Residents or their families have the right to initiate complaints for violation of statutory rights of elders at a care facility. If their grievances are found genuine by an investigation by the adult protection volunteers, the police initiate criminal proceedings.
Two weeks ago, a jury indicted three employees of Brownsville care center on charges of negligence and criminal abuse of inmates. All of them were also accused of fourth-degree assault and allowing others to cause physical injury to residents they looked after. The victim or his relatives have also the option to initiate civil action with the help of nursing home abuse attorneys in Kentucky and demand damages for economic, medical, and personal losses.
Our expert lawyers offer to guide plaintiffs seeking actions against mistreatment and negligence at care centers in the State of Kentucky. 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.