Nursing home abuse is a serious issue in this country, one that affects our most vulnerable elderly residents, including here in Lexington, Kentucky.
As families, we entrust nursing homes with the care of our loved ones, expecting a safe and supportive environment. Unfortunately, instances of abuse and neglect can occur, necessitating the expertise of a dedicated Lexington nursing home abuse lawyer.
If you are a family member of an abuse survivor, we encourage you to schedule a free consultation with a nursing home abuse attorney in our law firm.
At Peterson Law Office, we specialize in handling complex Lexington nursing home abuse cases with respect, empathy, dedication, and expertise. During your free case evaluation, you are welcome to ask any questions you may have about options for recovery and the legal assistance we can provide. So, if you have questions, we have the answers you’re seeking. Contact us for help now.
How Often Are Nursing Home Residents Abused?
The World Health Organization (WHO) reports that up to two in three staff members at nursing homes and long-term care facilities admitted that they’d committed some form of elder abuse in the past year in 2022. This means that even though abuse of nursing home residents was already a critical problem before 2019, those rates skyrocketed after the onset of the COVID-19 pandemic.
Understaffing, overworking, lax hiring standards, stressful work conditions, and the unmitigated spread of infection combined to create an environment that was anything but conducive to the well-being of older adults residing in nursing homes.
As the nation’s population ages, experts predict the problem will only continue to worsen—unless we do something to stop it.
Abusive Treatment of Residents Is a National Problem
A White House public statement issued in 2022 outlined the then executive office’s commitment to protecting the rights of older and vulnerable adults in the United States. According to the U.S. Centers for Disease Control & Prevention (CDC), more than 1.3 million people lived in nursing homes across the nation as of 2020.
At least 200,000 nursing home residents nationwide died after contracting COVID-19, a number that equates to one-quarter of all illness-related deaths in the country, according to the Kaiser Family Foundation (KFF). One 2021 American Journal of Geriatric Psychology study published by the National Library of Medicine indicates that elder abuse may have increased as much as 84% since the pandemic started.
Worse yet, these statistics may only reveal a fraction of the problem. The National Center on Elder Abuse (NCEA) estimates that for every one case of reported abuse, 24 cases go undetected.
Abusive Treatment of Nursing Home Residents Is a Big Problem in Kentucky
If you think nursing home abuse is someone else’s problem, consider this data taken from the 2021 Kentucky Elder Abuse Report:
- In 2021, the Kentucky Department for Community-Based Services (DCBS) Adult Protective Services received 21,317 calls regarding the abuse or neglect of adults over 60 years of age. This marks a 10.3% decrease over the previous year.
- Of the above-referenced reports received, behind self-neglect, caregiver neglect, varying types of abuse, and exploitation were the factors most responsible for these older adults’ plights.
Abuse and Neglect: What’s the Difference?
The terms “nursing home abuse” and “nursing home neglect” are often used interchangeably, but these are different actions, whether or not they result in the same type of injury. Here is the difference between the two concepts:
- Nursing home abuse is an intentional act that endangers a nursing home resident’s life or well-being (such as hitting a resident).
- Nursing home neglect is a failure to meet a standard of care the resident requires (such as not providing proper nutrition).
No matter whether you believe a loved one’s treatment rises to the level of abuse or neglect, be sure to reach out to us at Peterson Law Office. In the end, inappropriate, reckless, or negligent treatment is just flat-out not acceptable. We can help you hold the responsible party liable for what happened.
Types of Abusive Treatment That Occurs in Lexington Nursing Homes
Nursing home abuse is generally categorized by its most common forms, which include:
Physical Abuse
Examples of physically abusive treatment that we find often occur in assisted living facilities in Fayette County are:
- Hitting, punching, or slapping
- Kicking or pushing
- Improper use of physical restraints
- Unnecessary use of physical force
- Any other form of physical violence against a resident
Sexual Abuse
Any treatment that can be described as unwanted, unsolicited, or non-consensual may constitute this. Some common examples of sexually abusive treatment toward a nursing home resident include inappropriate touching or the performance of undesired sexual acts on them.
Emotional Abuse and Verbal Abuse
This type of treatment is also known as psychological abuse because of how it can impact a person’s mental health. Some examples of emotionally abusive treatment or verbally abusive behaviors we find that Lexington nursing home residents often face include:
- Yelling
- Manipulation
- Humiliation
- Deliberately isolating a resident from social activities
- Refusing to grant a resident privacy
- Abusive language
Financial Exploitation
According to the National Council on Aging, “the annual loss by victims of financial abuse is estimated to be at least $36.5 billion.” Financial exploitation of the elderly can take on many forms, including:
- Stealing money or property
- Using checks, credit cards, or bank account information without the resident’s knowledge or permission
- Tricking or coercing residents into adding names to deeds or accounts, changing information in a will, or signing over financial rights
Understanding What Nursing Home Neglect Is
Neglect can be any action or omission that fails to meet the needs of the nursing home resident. Common forms of neglect we find occur in Kentucky long-term care facilities include:
- Leaving an immobile patient in bed until they develop bedsores
- Failing to change a resident’s bed linens
- Failing to administer medical treatment when necessary
- Denying medical attention to an ill or injured patient
- Unsanitary nursing home facilities
- Allowing the spread of infection through a facility
- Neglecting to stop or prevent resident-against-resident violence
- Not reporting abuse when it is observed
- Employing nurses or other staff who commit medical malpractice
- Denying proper nutrition and clean water to residents
- Not providing seasonally appropriate clothing or reasonable room temperatures
- Ignoring or refusing to respond to a resident’s call for assistance
- Not properly assessing and supervising a high fall-risk patient
No matter the type of treatment a loved one has endured, know that Kentucky law affords them rights. Contact our law office for a free case evaluation to discuss legal options available with a Lexington nursing home abuse lawyer.
Signs of Abusive and Neglectful Treatment in Lexington Nursing Homes
Someone who’s suffered from physical or emotional abuse, neglect, or financial abuse will usually exhibit certain symptoms. Not all signs of abuse look the same. Watch for any sudden changes or the sudden appearance of any of the signs of nursing home abuse and neglect listed below.
Remember, the best way to prevent and stop abuse is by being present, active, and involved in your loved one’s life.
Signs of Abuse
Some indicators that your loved one finds oneself in an abusive situation include if you notice they have:
- Unexplained or repeated physical injuries, including broken bones, bruises, or cuts
- Bruises indicative of the misuse of physical restraints
- Torn clothing or broken eyeglasses
- Changes in medication without a doctor’s explanation
- Withdrawal, isolation, and avoidance of social activities
- Changes in mood and behavior
- An unwillingness to talk about certain subjects
- Noticeable reactions to certain employees
- Changes in finances
- Nervousness, depression, or anxiety
Signs of Neglect
If you notice that a nursing home resident is suffering from or has any of the following, they may indicate they are being neglected:
- Pressure ulcers (bed sores)
- Weight loss
- Malnutrition
- Dehydration
- Unseasonal clothing
- Poor personal cleanliness
- Dental issues
- Soiled bed sheets
- Rashes and poor skin condition
- Body odor
- Mental health deterioration
- Lack of participation in hobbies, exercise, or social activity
- Falling when no staff is present
The Rights of Nursing Home Residents in Kentucky
According to Kentucky Regulatory Statutes KRS 216.515, nursing home residents in our state should enjoy at least the following minimum rights:
- The Right To Be Informed: Residents have the right to be fully informed about a facility’s services and fees, available Medicaid benefits and how to use them, their own patient care plan, facility inspection reports, and how to submit a complaint. This information can also be shared with residents’ family members and legal representatives.
- The Right To Be Involved: Residents must be able to participate in their own healthcare. This includes understanding how they will be treated, learning the results of tests and examinations, choosing their own physician, and having access to their medical records.
- The Right To Make Decisions: A nursing home resident must be able to enjoy the freedom of choice. They must be aware of all rules of the nursing home before they become a resident. They should also be able to decide if they want to participate in facility activities and events.
- The Right To Enjoy Privacy: Kentucky nursing homes can’t violate a resident’s privacy when it comes to medical care, guest visits, phone calls, letters, restroom use, and other aspects of their life. This right of privacy is supported on a federal level as well by the Nursing Home Reform Act of 1987.
How a Lexington Nursing Home Abuse Attorney Can Help You
Nursing home abuse victims deserve a knowledgeable, professional advocate who can help them obtain justice through legal recourse. While family members are usually eager to do all they can to hold a Kentucky nursing home facility accountable for the harm their loved one suffered, few people have the legal training needed to effectively litigate a case of nursing home abuse.
Legal action is a meaningful way to prevent negligent facilities from continuing the actions that led to a nursing home resident’s harm. However, these cases are highly complicated and best handled by seasoned nursing home abuse attorneys in Lexington who specialize in these legal matters.
Nursing home residents may be able to seek compensation after suffering physical abuse, sexual abuse, financial abuse, emotional abuse, psychological abuse, lack of proper care, or other forms of maltreatment at the hands of facility staff members.
The ultimate goal of every nursing home abuse attorney on our team is to stop nursing home abuse completely.
- Thoroughly investigate your case to identify what led to injury or wrongful death
- Build a meaningful attorney-client relationship that empowers you to take part in the legal process, while allowing you to trust that we always have your best interest at heart
- Negotiate with the insurance company and skillfully take over all communications on your behalf
- Gather, prepare, and submit all pertinent legal documents, giving you the means to focus on recovery while we manage the paperwork
- Help you recover compensation for financial and non-financial losses and seek punitive damages when they are appropriate
- Keep in communication with you and your family through the entire process
Cases like these are much different from other personal injury ones. Successfully litigating a case of nursing home abuse or neglect in Kentucky takes competence and commitment.
Compensation Available to Mistreated Nursing Care Facility Residents
If someone you love was mistreated in a Kentucky nursing home, compensation should address all of the losses they’ve suffered. Depending on the circumstances of your case, your attorney may be able to win your family compensation for both economic and noneconomic losses you have sustained, including:
- Costs associated with medical intervention, such as physical therapy and rehabilitation
- Pain and suffering
- Court costs
- Nursing home residency fees
- Mental anguish
- Loss of enjoyment of life
If your loved one lost their life through nursing home negligence, your attorney can assist you in filing a wrongful death claim with the facility’s insurance company. This can help you recover costs associated with life-saving medical attempts, funeral and burial costs, and loss of companionship.
What To Do if You Suspect Your Loved One Is Being Abused
We advise all family members of elder care facility residents to be vigilant in watching for signs of abuse or neglect.
If you have reason to believe a resident is being in any way mistreated, follow these steps:
- Call 911 if any person is in immediate danger.
- Try to take pictures or videos that can provide proof. Write down any troubling signs you observe, being specific about dates, times, locations, and individuals involved.
- If you have good reason to suspect abuse, file a complaint with the Kentucky Department of Health and Family Services. Bring as many specific details as you can when making your report.
- Get in touch with a nursing home abuse lawyer and schedule a free case evaluation to discuss the situation. Explain in detail what you observed and why you suspect abuse. Bring all the information you gathered with you when you meet with your lawyer, including evidence of the complaint you filed with Adult Protective Services. It’s best to speak with your attorney before you try to approach a nursing home directly. Your attempt to protect your loved one could put the nursing home on alert and give them time to hide or destroy evidence of wrongdoing.
Schedule a Free Consultation With a Qualified Lexington Nursing Home Abuse Lawyer
Nursing home abuse is a distressing reality that demands attention and action in Lexington.
Families facing suspicions or evidence of abuse should not hesitate to seek legal assistance from a qualified Lexington nursing home abuse lawyer. By taking proactive steps and asserting the rights of vulnerable residents, it is possible to hold negligent parties accountable and prevent future instances of mistreatment.
At Peterson Law Office, we understand how the support and expertise of a skilled legal professional can make a significant difference in achieving justice and ensuring the safety and well-being of nursing home residents in Lexington.
Contact us today to schedule a meeting.