An 82-year-old resident has initiated a Kentucky nursing home abuse lawsuit against Edmonson-based Genesis HealthCare’s facility following arrest of its employees on abuse and negligence charges. Filed through the Kentucky Cabinet for Health and Family Services on September 30, the litigation claims “negligence, violation of Kentucky Residents’ Rights Statute, medical negligence, corporate negligence and seeks punitive sanctions against administrator Carolyn Torrence.”
Three employees of the Brownsville nursing home were charged last month for “72 instances of criminal neglect and abuse of [residents] between August 2013 and February 2014.” One of the accused, a 30-year-old staff was indicted on “14 counts each of first-degree criminal abuse, knowingly abusing or neglecting an adult and fourth-degree assault, plus two counts of second-degree wanton endangerment.” Two other employees face “four counts each of first-degree criminal abuse, knowingly abusing or neglecting an adult and fourth-degree assault as well as two counts of second-degree wanton endangerment.” A grand jury indicated all three former employees last month.
Mary Virginia Lush, the plaintiff, has been a resident at the care center since 2000. She suffered from “neck, back, arms and face injuries” at the nursing home. The Kentucky nursing home abuse attorney representing the plaintiff claims that his client was abused by the three between August 2013 and February 2014. “While in the care of Edmonson Center, and as a direct result of the negligence, wantonness and/or neglect and abuse of the defendants, their owners, agents, servants and/or employees, Ms. Lush was subject to physical and mental abuse causing injury, pain, suffering, extreme anguish and distress,” asserts the Kentucky nursing home abuse lawsuit filed in the Edmonson Circuit Court.
Lush has sought recovery of medical expenses, compensation for her future medical expenditure, physical suffering, emotional distress along with lawyer’s fees and punitive damages. Her Kentucky nursing home abuse attorney suggests that Lush’s personal injury emanated from the fact that care center and its operator failed to enforce laws made to protect the health and safety of residents. Negligence by them resulted in deficiencies in care and supervision and encouraged staff with criminal mindset to abuse residents.
Frequent Nursing Home Abuse in Kentucky
Kentucky is infamous for large number of nursing home abuse lawsuits filed every year. With consumer groups denouncing over 250 state care facilities as high risk, the standard of care is subject to questions. This year alone, there were close to 1,000 neglect complaints involving certified long-term care homes in the state for
- physical abuse
- sexual abuse
- medication errors
- dehydration, starvation and malnutrition
A majority of these complaints stem from the inability of Kentucky nursing homes to employ skilled nurses and train their staff. In many cases, there is no background check of the staff with criminal records. Such employees have a heyday in exploiting residents in the absence of adequate supervision. Apart from this, insensitive caregivers often willfully neglect the residents and force them to lead an undignified or injured life. In one such incident, a woman fell from her bed while trying to get her hand on the medicine kept nearby. Her repeated call for help was not answered for hours causing her to suffer from debilitating and permanent injuries. She died a month later.
According to Kentuckians for Nursing Home Reform, understaffing is the evil that perpetuates the abuse and negligence of residents. The quality of service remains riddled with deficiencies as licensed practical nurses and aids were not appointed by operators despite the law making it mandatory for all care centers. Many of them struggle to field one employee for every five patients. This is attributed to operators’ penchant for making profits and that too on the backs of residents.
Kentucky Nursing Home Abuse Lawsuit
Kentucky Residents’ Rights Statute provides nursing home residents a number of rights to lead a healthy life free from abuse and neglect. Any violation of it empowers them to seek criminal action by filing complaints with the state enforcement agencies and civil lawsuits in the courts. Our Kentucky nursing home abuse lawyers offer to guide plaintiffs seeking actions against mistreatment and negligence at care centers. If you have reasons to believe that a resident is subject to abuse at a nursing home in Paducah, Kentucky, please contact us or call on 1-866-447-0150 to discuss the best course of action.