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Nursing Home Neglect Kentucky Lawsuit
Nursing home neglect is a serious problem throughout the country, with several suspicious elderly deaths in long-term care facilities going neglected. In 2012, a jury ordered a Louisville nursing home to pay $5 million to the estate of a resident as punitive damages for violation of Kentucky’s Residents Rights statute. The jury also announced $2 million for the pain and suffering undergone by the resident whose improper transfer to his bed by the facility staff resulted in two broken legs. In another nursing home neglect Kentucky lawsuit, a Lexingtom Circuit Court jury declared an award of $1 million for a Cambridge Place Nursing Home resident for the pain and suffering she had to undergo after being subjected to caretaker neglect. The court found the nursing home guilty of neglect and abuse, which caused the resident to suffer from devastating injuries. The 80-year-old Irene Hendrix, who had been diagnosed with Alzheimer’s disease, had an accidental fall in an equipment storage room and suffered broken facial bones and bleeding in her brain.
Kentucky has enacted statutes to protect nursing home residents from abuse and neglect in the care facilities. Kentucky law requires nursing homes and long-term care facilities to ensure that their staff, medical providers, and attendants provide proper care for residents while making sure that none of their activities shall harm the latter. Their failure in the duty of care would make them accountable for the pain and suffering of the resident, as per the Kentucky law. As per the Kentucky Nursing Home Residents Bill of Rights, residents or their loved ones can file a nursing home neglect KY lawsuit against the facility for mental or physical abuse or neglect and violation of the resident’s rights.
Signs of Nursing Home Abuse Kentucky
If your loved one has suffered an injury due to inaction of a caretaker at a specialist care facility or shows other signs of nursing home neglect, you may be entitled to file a nursing home abuse Kentucky claim for pain and suffering and other punitive damages. The following are a few signs of abuse that a resident might experience at a nursing home:
- Signs of being restrained
- Sexual assault
- Intentional infliction of injury
- Bruises, cuts or open wounds
- Unreasonable physical restraint
- Assault in the form of shoving, scratching, or hitting
- Force feeding
Kentucky Nursing Home Abuse Law
Nursing home abuse is unfortunate. National nursing home database statistics claim that about 40% of nursing homes in Kentucky rank below the average standard of care required by Medicaid. Unfortunately, in 2012, Kentucky led the country with the maximum number of federal fines for nursing home violations.
Kentucky law strictly requires nursing homes to provide specialist care for residents, failing which the facility will be liable to punishment. However, in Kentucky, the law limits the time period during a nursing home abuse Kentucky lawsuit can be filed. It is therefore critical that you talk to an attorney as soon as you suspect abuse or neglect of a loved one at a nursing home, where they are supposed to be looked after. Whether your loved one has suffered abuse due to miscommunication, understaffing, inattention, apathy, lack of background checks, or uncaring employees, the nursing home must be held accountable for the pain and suffering undergone by the resident and their families.
Kentucky statutes provide that residents who have been deprived of their statutory rights have a cause of action against the nursing home. Plaintiffs in a Kentucky nursing home abuse lawsuit can recover actual and punitive damages for their rights violation, lawyer’s fee, and other legal cost.
Contact a Kentucky Nursing Home Neglect Lawyer Today.
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