Wrongful death caused by nursing home neglect in Kentucky is an unfortunate reality. The hope for professional care often leads to fatal consequences because of insensible employees at care centers. In 2010, the family of a 92-year-old Kentucky man, who died because of lack of treatment at a nursing home, was awarded $42.75 million in damages, including $1.75 million for his wife. A Hopkins court held the Madisonville-based facility guilty of negligent care that resulted in the death of the victim due to dehydration. Joseph Clint was admitted to the Hillside Villa Care and Rehabilitation Center expecting constant and superior care. He died nine days later due to fatal dehydration as the center staff “failed to ensure he got enough water to live,” according to the Kentucky nursing home abuse lawyer representing his family. Adult Protective Services officials also observed that the deceased had severe malnutrition, bedsores, and infections while staying at the facility. The award included $40 million in punitive damages. Another Kentucky nursing home negligence suit alleging wrongful death due to lack of care fetched $500,000 in compensation. The deceased, an 88-year-old woman, died following severe dehydration. She had at least four falls at the care center, resulting in multiple fractures and immobility. The victim developed urinary infections and advanced-stage bedsores as caretakers did not keep her clean. She was not even treated for pain management by any specialist. Her purported rehab at the nursing home ended with death within two weeks of admission.
Nursing Home Wrongful Death in Kentucky: Various Forms
A wrongful death claim for nursing home neglect in Kentucky can be initiated when a resident’s death is attributed to
- Improper medical care
- Bed sores and infections
- Physical restraints
- Burns or excess therapy
- Electrocution or chemical impact
- Slip and fall accident
- Physical or sexual abuse
- Any other type of neglect
Instances of untreated injury and infections worsening the resident’s condition and resulting in fatality are the most common wrongful death accusations that a Kentucky nursing home abuse lawyer deals with. Often the lack of adequate care leads to brain hemorrhage, sepsis, bed sores, and urinary tract infection, which have the potential to disable or kill an inmate.
Kentucky Nursing Home Neglect Death: Points To Prove
It is a tough task to establish association between death and the defendant’s conduct without support from an expert attorney. A death litigation indicting a care center for laxity must establish that
- The death is due to certain medical condition
- The medical condition is due to negligence of the care takers
- The defendant’s conduct is punishable for causing the fatal condition
- The care facility was liable for being negligent
- The victim’s family/ dependents suffered damages due to his death
In Kentucky, the statute of limitations mandates filing of a nursing home neglect lawsuit within a year of the incident. However, exception is granted when the negligence is not discovered within a reasonable time frame. Medical records, video or photographs demonstrating bodily injuries, expert witness, testimony by care center employees, and infected cloth or items used by the victim are admissible as evidence in the court.
Nursing Home Neglect Compensation in Kentucky
Family members of a deceased resident have the right to hold a Kentucky nursing home accountable for the unfortunate incident and seek damages, including punitive compensation. Wrongful death claims may seek recovery of billed amount, medical costs, funeral cost, and tangible economic damages. Plaintiffs also demand and the jury agrees to such arguments to a reasonable extent. The chances of the court agreeing to the demand of non-economic damages, such as trauma, suffering, loss of a family member or companionship, is more when an expert nursing home abuse attorney in Kentucky represents your claim. Punitive compensation is a subjective decision by the jury, though the degree of negligence and evidence presented by plaintiffs influence the outcome. The negligence at care centers betrays our trust resulting in fatal suffering and the death of residents. If you feel that legal action is essential to hold a nursing home in Paducah, Kentucky, liable for its actions and inactions and punish financially, please contact us or call on 1-866-447-0150 to discuss the best course of action. Our expert lawyers have extensive experience in fighting for the rights of Kentucky nursing home neglect victims across the state.