At a minimum, parents assume the responsibility for providing care for their children until those children move out on their own. That might happen when the child turns 18 and goes off to college. Even then, the parent still cares for that child. When those same parents reach a certain age and face physical or mental challenges, the roles are reversed, and the children step into the role of primary caregiver. When providing care becomes a “full-time” concern, it might be best for everyone in the family to help their elderly loved one make the transition into a nursing home.
While the vast majority of nursing homes provide reasonable care for their residents, some facilities have substandard care. According to the World Health Organization (WHO), 1 in 6 people over the age of 60 have experienced some form of abuse in a community setting within the last year. If there is an issue with your loved one and their living facility, you might wonder if it is difficult to sue a nursing home.
Having to document the abuse of your loved one can be emotionally challenging. That issue can be compounded if your loved one is still in the facility where the abuse occurred. Taking on a lawsuit against a nursing home can be difficult, but it is not insurmountable. It is vital that you involve an experienced attorney in this matter as soon as possible. They will be able to provide you with the support and guidance you need to pursue what could become a personal injury lawsuit.
Suing for Neglect Versus Abuse
The success of your nursing home lawsuit will depend on how strong you build your case. That begins with determining if the issue that impacts your loved one is one of neglect or abuse.
Neglect shows up when a nursing home facility doesn’t provide adequate training for its staff or it remains understaffed. They might also hire employees who have issues with background checks. The bottom line is that neglect means not maintaining expected standards of care.
On the other hand, abuse is a form of intentional harm. That harm can be physical, emotional, or financial. Yes, neglect, such as ignoring a resident’s needs, can be considered abuse. That can show up in the following ways:
- Lack of care for wounds and bedsores
- Not changing resident’s clothes or bedding
- Out of compliance with safety standards
- Slow response to resident’s request for help
Abuse can show up in the form of bruises, cuts, broken bones, or sprains. There could also be changes in your loved one’s behavior that have them withdrawing or being depressed.
Establishing a Negligence Claim
To be successful in a negligence claim against a nursing home, you need to establish the following four elements of negligence:
- Duty of care
- Breach
- Causation
- Damages
The contract that the nursing home provides for its residents would spell out their duty of care. After that, you need to show the nursing home was in breach of that duty. For example, the resident contract might state that the nursing home will provide three nutritious meals daily. If you can document that they only provide two meals, they are clearly in breach.
Once you establish the breach, you must document the abuse’s causation. How did missing that third meal impact your loved one? Did it result in weight loss and compromised immunity? Did it lead to brittle bones or the need for hospitalization?
After you establish the causation, you need to detail the damages. That could mean compensation for any medical bills as a result of injuries. It can also mean damages for pain and suffering. Those would all be classified as economic or noneconomic damages.
It is also essential to be aware of the statute of limitations for bringing this type of case. In Kentucky, the statute of limitations is one year from the day the incident was first documented.
Proving Your Kentucky Nursing Home Abuse Case and Documenting Your Losses
As with any type of personal injury lawsuit, you need to establish the losses that your loved one has experienced because of the breach of duty on the part of the nursing home. Here are some of the examples of evidence that you can gather to support your case:
- Proof of your relationship to the resident
- Medical records and bills
- Personal journal accounts
- Photos and video evidence of the abuse
- Notes of conversation with staff
- Any insurance claim documents
- Copies of written communications with the nursing home
It might be a challenge to get statements from the nursing home staff as they would be reluctant to admit negligence on the record. However, you can get supportive statements from other residents and their families.
Building Your Abuse or Neglect Lawsuit Against a Lexington Nursing Home
There’s a lot that goes into building a personal injury case, which is often why you’ll hear people say that it is difficult to sue a nursing home in Kentucky. This is why you need to speak with an attorney if you’re planning to take legal action yourself.
At Peterson Law Office, we understand the nature of a nursing home abuse case. We can review your evidence and advise you on the best course of action to take in your legal matter.
Call to arrange a free consultation to discuss your concerns.
