Nursing home abuse in Kentucky is widespread with 94.76 percent of state rehab centers riddled with deficiencies of one type or other. While 38 percent of care homes are unable to provide hygienic and nutrient food, one in every five is cited for severe lack of care resulting in death or injury to residents. Kentucky’s 284 nursing homes were reported for 5,602 abuses or insufficient care between 2009 and 2012, which is 40-time higher than neighboring Virginia.
Kentucky Nursing Home Abuse: Rights of Residents
The state law and conventions endow residents with a number of implied rights as a safeguard against potential nursing home abuse in Kentucky.
- Right to care: The nursing home in Kentucky must make available all services and professional staff required for long-term care at its facility.
- Right to complaint: Residents are free to complain to nursing home management or local enforcing authorities for deficient care.
- Medical treatment: An inmate must be suitably treated whenever he is subject to risk or onset of any disease.
- Freedom from abuse and coercion: No resident can be subjected to force, coercion, threat, or reprisal while staying at the care facility.
- Right against negligence: Nursing homes owe an obligation to look after residents and cannot defend any act of negligence in ensuring proper care.
- Proper medication: An inmate must be administered proper medication and dosage and reviewed for health conditions at regular interval.
- Privacy and confidentiality of record: While privacy of inmates must not be violated, the care center is prohibited from revealing their details and medical record without express consent.
- Protection against financial fraud: No resident can be forced to part with his money and assets or share details that may be used to steal his identity or commit financial fraud.
- Right to meet visitors and not obliged work except directed under the care plan
- Right to stay safe and healthy: A resident must be protected against physical, emotional, or sexual abuse in any form.
- Right against detention: The care taker cannot forcefully restrain, detain, shackle, or lock up a resident.
- Right to be respected: There must be full recognition, respect, and consideration of the dignity and individual needs of a resident.
Common Nursing Home Abuse Injuries in Kentucky
In the last few years, there has been a sharp rise in Kentucky nursing home abuse lawsuits as the standard of care has gone down and caretakers have scant regard for the rights of residents. There have reports of widespread physical abuse, medical neglect, financial fraud, sexual abuse, and emotional exploitation of inmates at nursing homes across the state because insufficient and incompetent care plans. Over 6,000 complaints made their way to the state Adult Protective Services every year. While 40 percent of these involve abuse allegations, about 25 percent claim nursing home negligence in Kentucky, and at least 16 percent insist financial fraud.
Nursing Home Abuse Lawsuit
The civil legal action consequent on nursing home deficiency is measure additional to criminal action and administrative remedies enunciated by the state law. Failure of a facility to respect rights of residents and follow statutory obligation in true spirit make it liable to legal action. The guidance of a professional nursing home abuse lawyer in Kentucky is a must to navigate complex and highly specialized legal questions involved. To establish that the breach of duty and consequent injuries at a rehab center requires compilation of medical details, arrangement of expert testimony, collection of evidence, and a influential presentation before the jury.
The defendant is also liable to pay extensive economic and noneconomic damages, including medical cost, attorney’s fees, and punitive damages when it is indicted for an instance of nursing home negligence in Kentucky. However, the litigation must be brought within a year of the injury, unless the victim suffers from mental disability.
Call at 1-866-447-0150 or contact us online to speak with our expert nursing home abuse attorney. We have a successful track record in winning compensation for plaintiffs suffered due to action or inaction of any nursing home in Kentucky.