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Kentucky Nursing Home Abuse Lawsuit
Our team of Kentucky nursing home abuse attorneys is here to try and help. In fact, A 2009 CBS report reveals the rising number of nursing home abuse violations across the nation. Statistics reveal that a number of nursing home residents are abused or even neglected in the facility they are admitted to by loved ones so that they can receive proper care and treatment. Unfortunately, the neglect and abuse of residents often makes them prone to suffer from injuries. A Hopkins County jury awarded $42.75 million to the family of a deceased nursing home resident, which had filed a Kentucky nursing home abuse lawsuit against the facility, alleging that the facility’s failure to provide quality care led to the former’s death. The lawsuit alleges that the deceased man had become lethally dehydrated and the Madisonville nursing home neglected him, causing him to suffer from severe malnutrition, dehydration, infection, bedsores, and ultimately death.
Kentucky Nursing Home Neglect
Nursing home neglect is a serious problem that severely impacts the lives of residents as well as their families. The Nursing Home Reform Act guarantees the right to skilled care for nursing home residents. State and federal laws require the nursing homes to offer quality care to residents and meet strict guidelines to protect them from neglect. Unfortunately, most nursing homes fail to meet the guidelines due to reasons aplenty. Statistics reveal that, in 2011, 44 percent of the nursing homes in the country failed to provide a safe atmosphere to prevent residents from accidents within the facility.
You can file a Kentucky nursing home abuse lawsuit if you find that the care facility where your loved one is residing fails to provide skilled care. It is important to recognize signs of neglect and abuse before you decide to sue the facility, including
- Unwashed clothing
- Dirty floors and walls
- Unchanged bed sheets
- Bed sores
- Unclean bed pans
- Failure to provide water and food for patients, resulting in dehydration or malnutrition
- Inability to oversee patients and prevent incidents of falls, wandering, and choking
- Inadequate staff on call to prevent mishaps
Kentucky Nursing Home Neglect Lawsuit
If a loved one is being neglected in a nursing home facility, you can speak with a Kentucky nursing home neglect attorney to protect the legal rights of the resident. Under Kentucky law, a nursing home resident has skilled rights guaranteed by the 1987 Nursing Home Reform Law. Several Kentucky statutes guarantee rights of care to a skilled facility resident. The rights guaranteed by Nursing Home Bill of Rights can be enforced through a nursing home neglect lawsuit KY against the long-term care facility responsible for the violation of the resident’s rights and failing to provide the residents with a standard of care mandated by law. Relatives of the resident can sue the nursing home for the injuries suffered by their loved one in the facility and to recover actual and punitive damages.
Kentucky law specifies time limitations for different types of cases in the state, and you might lose the right to recover for injuries if you delay reporting the injuries.
As trial lawyers, we see the results of profits over people with every new client. Profit considerations by nursing homes lead to low staff ratios of registered nurses and CNAs which leads to fewer nurses and care givers for venerable patients.
These policies lead to neglect which manifests itself in:
- PRESSURE SORES;
- INFECTIOUS DISEASES;
- IMPROPER USE OF NARCOTIC PAIN MEDICATIONS OR OTHER DRUGS TO OVER-MEDICATE THE PATIENTS SO IT IS EASIER FOR LESS STAFF MEMBERS TO DEAL MORE PATIENTS.
The centers for Medicare and Medicaid implement policies to prevent many of these conditions from occurring. However, many for-profit nursing homes simply ignore – or fail to implement – these policies and procedures. Let our team of nursing home lawyers review your case if you suspect nursing home abuse or neglect. The National Pressure Advisory Board reports that staffing is an important issue regarding the development of bed sores. Learn about staffing levels at the facility caring for your loved one. Many larger for-profit nursing homes fail to adequately staff to prevent residents from getting proper nutrition which leads to malnourishment and dehydration. Many times understaffing leads to trays being placed in front of patients without adequate staff to make sure all vulnerable residents are getting the nutrition they need.
Numerous health studies highlight the importance of understanding residents’ needs and providing care which meets those needs. Studies show that many patients need nutritional supplements, and that the supplements need to be started at the appropriate time. Unfortunately, because of profit concerns over the concerns of our patients, many of our vulnerable members of society are left to suffer because too few care givers are available to assist in feeding and caring for these individuals.
Infectious diseases are often a problem at for-profit nursing homes due to failure to implement procedures to identify problems and prevent these sometimes deadly diseases from occurring. Clostridium difficile, or C-diff, is a potentially deadly infectious diarrhea caused from overuse of antibiotics and spread because of unclean conditions and untrained staff. Its flu-like symptoms can be deadly if not diagnosed and treated properly. It also can spread like wildfire throughout the nursing home units if not properly identified.
Falls are a common problem in for-profit nursing homes because of inadequate care plans and low staffing. At-risk individuals need to be properly assessed for falls, and once the assessment is done, recommendations are followed. However, if the only concern is profit – instead of people – these needs are not met. Many times, the frail and elderly sustain serious injuries as a result of falls occurring because of low staffing at for-profit nursing homes.
Assaults and attacks on residents can occur because for-profit nursing chains fail to do proper background checks on employees – or fail to monitor, or discipline, or fire problem employees. If proper background checks are not done, assaults, physical and emotional abuse, and/or, horribly sometimes, sexual abuse occurs. If you suspect that your loved one is at risk, give us a call and let us look into it.
Contact a Kentucky Nursing Home Neglect Lawyer Today.
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