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Elder abuse is a serious problem, but unfortunately, much of it goes undetected. Older adults often feel powerless to stop the abuse or even to vocalize what’s happened. Sometimes, due to a declining mental state, a nursing home resident is not even aware of the abuse.
If you suspect your loved one is suffering abuse or neglect in a nursing home or assisted living facility, the Louisville nursing home abuse lawyers at Hughes & Coleman can help you and your family through this time and ensure that the nursing home or assisted living facility is held responsible for their negligence or abuse.
For over 40 years, our team of Louisville personal injury lawyers has been dedicated to advocating for the rights of abused and neglected nursing home residents in Kentucky. Let us secure the compensation your family is entitled to.
If you suspect your loved one is being abused or neglected in a nursing home, call our legal team for a free consultation today.
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If you suspect your loved one has suffered abuse or neglect in a Louisville nursing home, it’s important to know you’re not alone.
The World Health Organization reports that approximately 1 in 6 individuals aged 60 or older have experienced some form of abuse in community-based services. Additionally, 2 out of 3 staff surveyed by WHO admitted to committing abuse in the past year. In 2012, 85% of nursing facilities reported at least one allegation of abuse or neglect to OIG.
A recent study by the National Council on Aging reveals that up to five million older Americans are abused annually, with victims of financial abuse facing an estimated annual loss of at least $36.5 billion. Those who have suffered abuse face a 300% higher risk of death compared to non-abused elders. Shockingly, it’s estimated that only 1 in 24 cases of elder abuse are reported to authorities.
If your family member was abused in a nursing home, it’s important to seek legal assistance immediately. Experienced attorneys can help ensure that the responsible party is held accountable.
Nursing home facilities are legally required to ensure the well-being of their residents. This includes taking care of their physical, emotional, and psychosocial needs. A nursing home should provide sufficient medical attention, supervision, nutritious meals, a safe living environment, and engaging activities. The Kentucky Nursing Home Resident’s Bill of Rights state law mandates that nursing homes follow specific guidelines:
If a nursing home in Louisville fails to meet the standards outlined in the Resident’s Bill of Rights, it can be held legally accountable for any harm or damage caused to a resident as a result.
When a facility engages, either knowingly or unknowingly, in nursing home abuse or nursing home neglect, a Louisville nursing home abuse attorney can seek substantial compensation for the damages they’ve caused. Personal injury cases should be handled by an attorney that has extensive experience handling Kentucky nursing home abuse cases.
Mr. Coleman is now the Managing Partner and majority owner of Hughes and Coleman Injury Lawyers, a firm he co-founded in 1985 with J. Marshall Hughes. The firm has grown for over 40 years, and we currently have over 30 attorneys and multiple offices across Kentucky and Tennessee, as well as an affiliate firm in Albuquerque, New Mexico.
Mr. Coleman’s efforts and accomplishments have been widely recognized, including being named as a Kentucky Super Lawyer in Personal Injury since 2012, and being awarded an AV Rating, the highest rating given, by the nation’s preeminent Attorney Rating service, Martindale- Hubbell®.
Physical abuse within nursing homes is any intentional application of physical force resulting in harm or injury to a resident. While physical contact is sometimes necessary in assisted living facilities, caregivers must never handle a resident more roughly than is needed to ensure the safety of both parties in a given situation. For instance, a caregiver might need to physically restrain a confused resident who is lashing out, but they must do so in a gentle and non-violent way.
This type of nursing home abuse may involve:
Emotional abuse within a nursing home can be described as any behavior that humiliates, demeans, or intentionally upsets a nursing home resident.Caregivers have a duty to treat the older adults under their care with respect and dignity.
Andrew graduated from law school in 2017, completed and passed the Kentucky Bar Examination, and then launched his career as a lawyer working at Hughes & Coleman. In his years as an attorney, he has witnessed the underhanded tactics insurance companies use to coerce injured victims into taking a lower settlement than they deserve. Far too often, the initial insurance offer barely accounts for the personal loss that a client currently feels, and it certainly doesn’t project or account for the additional loss they will have to manage for the remainder of their life.
If a caregiver fails to feed, bathe, or clothe a resident, or does not ensure they take their medicine at the proper times, they can be liable for neglect. Nursing home caregivers are responsible for meeting the needs of their residents. Examples include:
Financial abuse happens when a caregiver uses deceitful tactics to get money from a resident. This could mean outright stealing, or it could be more subtle deception, such as asking for gifts or to be added as an authorized user on a credit card. Additional examples of financial abuse may include:
At Hughes & Coleman, Benjamin utilizes his desire for helping others to fight for the results his clients need. He understands that when someone is injured due to the negligence of another, their life can be turned upside down. Day in and day out, he maintains excitement for his future as a personal injury attorney and his ability to serve his community alongside the rest of his Hughes & Coleman family. Being able to see first-hand the passion his father and younger brother have for helping others and getting to work side by side with them is the highlight of Benjamin’s career.
Sexual abuse in nursing homes refers to any form of non-consensual sexual contact or behavior directed toward a resident. This represents a deeply distressing and violating form of abuse, which may include:
What to look for to identify the signs of sexual abuse in a nursing home:
If you suspect your family member is a victim of nursing home abuse, you should act immediately, even if you are not sure or you have no proof of your suspicions. It is better to be wrong if you suspect abuse than to stay silent and later discover that your suspicions were correct.
Call 911. First, and most important, call 911 right away if you have any reason to believe that your loved one or another nursing home resident is in immediate danger.
Report Your Concerns. Next, take your concerns directly to the manager or supervisor of the person you suspect is responsible. If that person is a manager or supervisor, then go directly to the owner of the facility. It’s important that you witness this report being entered into your family member’s record. If you suspect the owner is also complicit, then skip this step and file a police report.
After you do that, report your suspicions to the Kentucky Cabinet for Health and Family Services Adult Protection Branch. You can reach the branch at 1-800-752-6200 and they will investigate your complaint.
You should also report nursing home abuse cases to the Office of the Inspector General.
Get your loved one the medical care they need. Prioritize your loved one’s health by arranging proper medical care. This includes scheduling appointments with healthcare providers and seeking treatment for any abuse-related injuries or health issues they may have. Medical records can also help in a nursing home abuse lawsuit by serving as evidence of abuse or neglect.
Gather evidence. Gather as much information as you can about the abuse or neglect. Write down a detailed description of what happened, including the name and address of the facility, the date and time of the incident(s), what type of abuse occurred, the name of the person responsible, and if there were any witnesses present. This information will be helpful for reporting and investigating the situation effectively.
Call a Louisville Nursing Home Abuse Lawyer. Finally, contact a Louisville nursing home abuse lawyer at Hughes & Coleman Injury Lawyers to discuss your options for filing an personal injury lawsuit. Our Louisville personal injury attorneys have helped Louisville nursing home abuse and neglect victims and their families hold their abusers liable for over 40 years.
Contact us today at 800-800-4600 to speak with our legal team
Damages that a nursing home abuse lawyers in Louisville can seek for abuse and nursing home neglect can include:
Every nursing home abuse case is different. After learning about your claim, a personal injury lawyer can determine what negligence took place or lead to injuries, and what damages to seek on your loved one’s behalf from all negligent parties.
At Hughes & Coleman Injury Lawyers, our dedicated team is here to help injury victims in the Louisville area get their lives back by fighting for the compensation they deserve. Our Louisville nursing home abuse lawyers have a long and successful track record of handling nursing home abuse cases and want to put our experience to work for you.
Call, chat or fill out a form today. We also have three locations conveniently located in Louisville, KY that you’re welcome to visit.
For a free consultation, call our office at 800-800-4600
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