Institutional and legal complexities often deter many from initiating legal action against erring caregivers or care centers. Doesn’t it embolden the perpetrators to continue their inhuman actions against the elders? The experience and insight we gain as a nursing home abuse lawyer in Kentucky force us to advise anyone to report any such incidents at the earliest and explore all possible legal options so that guilty caregivers and facilities are reined in saving our elders from ignominy at the last stage of their lives.
In February, a 23-year-old Kentucky nursing home staff was arrested for the sexual abusing two residents. He allegedly committed “five counts of third-degree sodomy, four counts of first-degree sexual abuse, and two counts of knowing abuse of a vulnerable adult” while working at a Frankfort nursing home. Both of his victims were mentally unstable. “The caregiver had sexual contacts with the two victims on multiple occasions at various locations in Franklin County from April 2013 until January 2015.”
“I encourage anyone who suspects patient neglect or abuse in a nursing home, Medicaid facility, or personal care home to report it to my office using our tip line at 1-877-ABUSE-TIP,” said Attorney General Conway asking people to report nursing home abuse in Kentucky without any delay.
Our team of Kentucky Nursing Home Abuse lawyers will fight for justice for sexual assault and sexual abuse in a Kentucky nursing home.
High Number of Complaints, But Low Conviction Rate
Last year, the Kentucky ombudsman confirmed 87 percent of nursing home abuse complaints. In fact, over 30 percent of the allegations had proof to directly indict caregivers. However, the prosecution and conviction was lacking and care centers went with reprimands or minimum monetary fines. While families of many victims are unaware of their legal rights, many give up proceeding with claims considering difficulties in collecting and submitting evidence. A Kentucky nursing home abuse lawyer also finds it hard to gather reports in the absence proper record keeping practices at more than half of the care facilities in the state. Making matters worse many centers “have no appropriate policies and procedures for reporting allegations and investigation results.”
Kentucky Nursing Home Abuse Lawsuit
The Kentucky Protection of Adults Act allows action against nursing homes in cases of abuse and neglect. A plaintiff can initiate civil action seeking damages – compensatory and punitive – from a care facility on the ground of gross negligence and noncompliance to care standards. The state law allows personal injury lawsuits for physical and emotional suffering.
Additionally, Kentucky Statute 216 provides a list of rights assuring residents privacy, protection against mistreatment, freedom from abuse, and a safe and respectful life. The failure of Kentucky nursing homes to take care of food, medical, safety, and other essential needs is completely inappropriate.
Usually, long term care and nursing home facilities in Kentucky can be punished for their wrongful conduct in three ways:
- Fines if proven guilty by adult protective services
- Subject to criminal prosecution by state authorities.
- Kentucky nursing home abuse lawsuit
If you have reasons to believe that a resident is subject to abuse at a care facility in Bowling Green, Kentucky or elsewhere, please contact us or call us today at 1-866-447-0150 to discuss the best course of action with our nursing home abuse lawyer in Kentucky.