A nursing home abuse attorney in Kentucky has a big task to uphold the rights of residents following reports of a high number of abuse and ill-treatment instances at elder care facilities in the state. Over 37 percent of state-based care facilities have accident-prone environment while 38 percent serve unsanitary food. Residents at every fourth Kentucky nursing home are at a risk of medical neglect due to the lack of adequate care plans. Surveys grading 18 percent facilities in the state in the lowest tier and another 21 percent with very low rating attest the sorry state of affairs plaguing the elder care sector.
Kentucky Nursing Home Medical Neglect
Kentucky ranks among the states known for high-risk of nursing home negligence. With falling care standards, abuse, and carelessness becoming a trend in many state care centers, it is not uncommon to witness a surge in Kentucky medical neglect lawsuits against nursing homes. A state court awarded $7.5 million in damages to a woman victim while a similar recent litigation ended in a $500,000 settlement.
The victim had a knee replacement and she was admitted at the facility for professional care. However, the indifferent attitude of the staff there led her to have more fractures and she had her leg amputated to contain infection from spreading. The resident required assistance to use her bedside toilet but told to do that on her own as the nurse was “too busy to attend her.” Frantic pleadings by her were not answered by anyone at the Kentucky nursing home and neglect forced her to try it on her own.
She fell down and her knee was ruptured again allowing urine to permit and infect it. The nurse did not even move her to bed and awaited arrival of paramedics, according to the Kentucky nursing home abuse lawyer representing the victim. Doctors performed several surgeries on her leg, but recurrent infection forced them to amputate it. The juries held the center accountable and slapped a $5-million punitive damage for outrageous negligent conduct.
Kentucky Nursing Home Medical Neglect: Types
The following events leading to worsened health conditions of a resident suffice ground for filing nursing home medical neglect lawsuit in Kentucky:
- Failure to maintain hygiene
- Lack of medical care and medical aids
- Absence of on-time medication or health review
- Bedsores and infections
- Lack of proper clothing and nutritional food
- No care following fractures or pressure ulcers
- Health disorders during the stay
- Inability to treat cuts, wounds, bruises, or swelling
- Unattended dementia patients
- Onset of diseases at the facility
The Protection of Adults Act
The Protection of Adults Act is the foremost source of legitimacy for litigants claiming nursing home neglect in Kentucky. A detailed elucidation of the caretaker’s obligations and reporting system, the law defines abuse and prescribes ways to deal with elder care complaints. It empowers Kentucky Adult Protection Branch to investigate allegations of nursing home neglect and abuse. The Office of Ombudsman is the final authority to look into any such matter not resolved to the satisfaction of any complainant. In 2012, over 450 incidents of elder mistreatment at care centers were identified by the state officials.
Nursing Home Medical Neglect Compensation in Kentucky
A medical neglect claim brought following injury, surgery, or worsened health at a nursing home is allowed to seek damages for
- recovery of financial expenses on treatment, medical examination, emergency care, and any other cost incurred due to the health problem,
- past, present, and future medical expenses
- physical pain and suffering
- loss of family life and companionship
- punitive compensation against the defendant
Permitted under the state law to press for both economic and non-economic damages, a nursing home medical neglect suit in Kentucky must comply with the state statute of limitations, which provides for a one-year time limit. The final Compensation is also influenced by the extent of neglect, degree of injury, and ability of the defendant to pay.
Our expert Kentucky nursing home abuse attorney, with state-wide experience, is ready to evaluate your case and brief you on the applicable laws. Please contact us or call on 1-800-632-1404, if you want to punish caretakers for outrageous behavior and breach of duty and initiate legal action against any nursing home in Paducah, Kentucky, or other parts of the state.