Abuse in any form is highly condemnable and when it comes to abuse due to nursing home negligence, guilty must be punished and victims and their families should be suitably compensation. Any action or inaction resulting in infliction of harm on residents is a shocking betrayal of trust and flagrant violation rights of seniors to lead a dignified and healthy life. As nursing home neglect lawyers in Kentucky, our team of attorneys is prepared to fight for justice against acts of abuse and negligence on the premises of elder care facilities.
The Basis of Nursing Home Neglect Lawsuit
An elder care facility owes a duty of care and trust toward residents and their families. We presume that a nursing home or convalescent center is better equipped to care for our loved ones and looked after their day-to-day medical needs. The service nature and nomenclature also make these facilities legally obliged to offer standard care and specialized services to elders. Any deviation from this responsibility makes these elder care homes subject to KY nursing home neglect litigations under the tort law.
The statute of right for elders and the Adult Protection Act of 1976, according to nursing home neglect lawyers in Kentucky, provide legal sanctity for such action. Any violation is considered a criminal action leading to injury, which in turn gives rise to civil claims.
What Types of Nursing Home Neglect Fit for Lawsuit?
Any type of nursing home neglect, intentional or not, can be a reason to file a lawsuit in Kentucky. There are broadly five types of nursing home negligence following the injury types if causes.
- Neglect leading to physical injuries (Such as not attending or supervising residents)
- Negligent in ensuring appropriate standard of care (including bed sores, clogged wound vacs, starvation, abandonment)
- Medical negligence (for example, medication errors)
- Passive behavior (Such as emotional exploitation or negative ambience)
- Negligence leading to sexual abuse and financial abuse
What is Standard Care Violation by Nursing Homes?
It is the noncompliance with standard care that results in accidents, intentional acts, and failures at a care center and consequent injuries to residents. Lack of standard care can be analyzed from two angles – first, policy or practice of the facility and second, the conduct of an employee.
Kentucky nursing homes accepting Medicare are required to comply with Federal Regulations. One the standard care regulations, 42 CFR sec. 483.25 (h) sets the following conditions.
- The facility is bound to provide an environment “free of accident hazards as possible” to its residents.
- It should provide “adequate supervision and assistance devices” to every resident to avert accidents.
- Failure of the care centers to follow these regulations resulting in injuries to a resident makes it “liable to be sued.”
What Are Common Violations of Care Standards?
Everything from the inability to provide sufficient food, water and care to preventing accidents is considered a violation of care standards. A majority of Kentucky nursing home attorneys also consider inability to hire adequate staff and train them as the foremost form of negligence at state elder care homes. Negligent hiring is the first step in failure to ensure reasonably safe and hazard-free premises. Untrained employees remain apathetic to needs of residents and directly or indirectly overlook potential abuse or harm to them. Slip and fall accidents and bed sores are two glaring examples of negligent supervision at nursing homes.
The role of employees and care center policy also matter in providing adequate health and safety to residents. Dirty surroundings and bad sanitary conditions even in common areas are a fragrant violation of rest home obligations. Sub-standard medical care or medical malpractice impacting residents is a perfect case to punish Kentucky nursing homes for negligence.
How Complicated Is It To Prove Liability?
There have been numerous instances of Kentucky courts awarding millions as compensation in nursing home negligence lawsuits. Recently, Extendicare, which owns a chain of such facilities, paid $38 million to settle abuse and negligence allegations. But we also must remember that such litigations involve complex legal and medical procedures to collect evidence and justify a claim. Consult a nursing home neglect lawyer in Kentucky with a good track record to evaluate your case and explore legal options.
If you have reasons to believe that a resident is subject to abuse at a nursing home in Kentucky, please contact us or call at 1-866-447-0150 to discuss the best course of action.