Louisville nursing home abuse lawyer

Nursing home abuse and neglect statistics

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.

Louisville nursing home abuse laws

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:

• The facility must treat each resident with respect, dignity, and care, ensuring their quality of life is maintained or improved while acknowledging their individuality. It’s also responsible for protecting and advocating for residents’ rights.
• The facility must ensure that all residents have equal access to high-quality care, regardless of their diagnosis, the severity of their condition, or how they pay for it.
• The facility must have consistent policies and procedures for transferring, discharging, and providing services under the State plan for all residents, regardless of how they pay.
• Residents have the right to be free from interference, coercion, discrimination, and retaliation from the facility when exercising their rights.
• Residents have the right to be informed about and participate in their treatment, including decisions related to their medical condition, attending physician, and care.

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.

What are the types of nursing home abuse?

Nursing home abuse comes in many forms, including physical abuse, emotional abuse, neglect, and financial abuse. It’s important to understand what they are so that you’re able to recognize the signs and take action. By learning the most common forms of nursing home abuse and the signs of each, you can protect loved ones and other residents who may be vulnerable to abuse or neglect by nursing home staff members, other residents, or negligent nursing home care facilities.

What to look for to identify the common signs of physical abuse in a nursing home

What is considered Emotional Abuse for a nursing home resident?

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.

This type of mistreatment can be subtle and may not result in physical evidence, yet its consequences can be profound. Examples include:

• Verbal Abuse: This encompasses shouting, insulting, humiliating, or using derogatory language towards a resident. Caregivers may employ threats or derogatory remarks that undermine a resident’s self-esteem.
• Intimidation or Threats: Staff members or caregivers might intimidate a resident through menacing gestures, intimidating behavior, or verbal threats, fostering an environment of fear and emotional turmoil.
• Isolation or Neglect: Purposely isolating a resident by withholding social interaction, communication, or intentionally ignoring their needs can evoke feelings of loneliness, helplessness, and despair.
• Manipulation or Gaslighting: Caregivers may manipulate a resident by distorting the truth, denying events, or causing doubt about their memory or perception of reality, leading to confusion and distress.
• Humiliation and Disparagement: Ridiculing, mocking, or diminishing a resident’s abilities, appearance, or cognitive functions can profoundly impact their self-worth and mental health.
• Emotional Neglect: Ignoring a resident’s emotional needs, disregarding their concerns, or failing to provide emotional support can induce feelings of abandonment and isolation.

What is considered Neglect for a nursing home resident?

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:

• Basic Needs Neglect: Failure to provide adequate food, water, shelter, or a clean environment.
• Personal Hygiene Neglect: Neglecting to assist a resident with bathing, grooming, oral care, or changing clothes, leading to poor hygiene.
• Medical Negligence: Failing to provide necessary medical treatment, medication, or medical care for a resident’s health conditions.
• Emotional or Social Neglect: Ignoring a resident’s emotional needs, such as companionship, social interaction, or mental health support.
• Hydration and Nutrition Neglect: Not ensuring each resident receives enough fluids or nutritious meals, leading to dehydration or malnutrition.
• Safety Neglect: Neglecting to address safety hazards or failing to provide adequate supervision, leading to accidents or injuries.
• Personal Safety Neglect: Not ensuring each resident’s safety in terms of protection from abuse, harassment, or exploitation.
• Medical Equipment Neglect: Failing to maintain or provide necessary medical equipment, such as wheelchairs or walking aids, leading to discomfort or immobility.

What to look for to identify the common signs of neglect in a nursing home

What is considered Financial Abuse for a nursing home resident?

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:

• Unauthorized Use of Funds: Staff members or caregivers using a resident’s funds or financial resources without consent for personal gain.
• Identity Theft: Stealing a resident’s personal information, such as social security number or bank account details, to commit fraud or access financial accounts.
• Coercion or Undue Influence: Pressuring or manipulating a resident into making financial decisions against their will, such as changing a will or granting power of attorney.
• Forgery or Fraud: Falsifying documents or signatures to access a resident’s financial assets or property without their knowledge or consent.
• Misuse of Power of Attorney: Abusing authority granted through a power of attorney to mismanage or steal a resident’s finances.
• Overcharging for Services: Charging excessive fees for services rendered or billing for services not provided.
• Exploitation of Assets: Taking advantage of a resident’s assets, such as real estate or investments, for personal gain without their consent.
• Unauthorized Access to Financial Accounts: Gaining access to a resident’s bank accounts or credit cards without permission and using them for personal expenses.
• Scams or Financial Schemes: Conning or tricking a resident into giving money or assets through deceptive practices or fraudulent schemes.

What to look for to identify the common signs of financial abuse in a nursing home

What is considered Sexual Abuse for a nursing home resident?

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:

• Unwanted Physical Contact: Any inappropriate touching of a resident’s body.
• Forced Sexual Engagement: Pressuring or compelling a resident to participate in inappropriate activities.
• Sexual Harassment: Making unwelcome advances, suggestive remarks, or gestures toward a resident, creating an environment that feels hostile or uncomfortable.
• Exposure to Explicit Material: Displaying explicit content to a resident can cause emotional distress and is considered a form of abuse.
• Exploitation of Vulnerability: Taking advantage of a resident’s cognitive or physical limitations to engage in activities without their full understanding or consent.

What to look for to identify the signs of sexual abuse in a nursing home

• Injuries to the genital region
• Unexplained sexually transmitted diseases
• Resistance to bathing or changing
• Heightened fear in the presence of a specific caregiver
• Loss of bowel and bladder control

What to do if you suspect your family member is a victim of nursing home abuse in Louisville

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 35 years.

Contact us today at 800-800-4600 to speak with our legal team

What compensation can a nursing home abuse lawyer pursue?

Damages that a nursing home abuse lawyers in Louisville can seek for abuse and nursing home neglect can include:

• Costs of medical treatment for injuries resulting from abuse or neglect
• Your loved one’s pain and suffering
• Emotional distress and mental suffering
• Punitive damages for extreme negligence or intentional harm
• Compensation for permanent disabilities or injuries sustained
• Damages for wrongful death if abuse or neglect resulted in fatality

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.

Louisville nursing home abuse lawyer near you

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 two locations conveniently located in Louisville, KY that you’re welcome to visit.

For a free consultation, call our office at 800-800-4600

Louisville Poplar Level Road office

The Hughes & Coleman Injury Lawyers office on Poplar Level Road is located east of I-65. If you’re coming from downtown Louisville, take I-65 south and exit at Poplar Level Road (Exit 143). Make a left onto Poplar Level Road and the office will be on your right after about a mile.

Hughes & Coleman Injury Lawyers

5004 Poplar Level Rd, Louisville, KY 40219

(502) 585-4025

Louisville Dixie Highway office

Our Dixie Highway office is off of I-264 on Dixie Highway, in between the O’Reilly Auto Parts and Discount Tires & Auto Services.

Hughes & Coleman Injury Lawyers

3618 Dixie Hwy, Louisville, KY 40216

(502) 585-4693

Frequently asked questions and helpful resources for nursing home abuse in Louisville

How do I report nursing home abuse in Kentucky?

If you suspect that your loved one is a victim of nursing home abuse or neglect, it’s important to act immediately, even if you lack evidence or aren’t entirely sure of your suspicions. Residents in nursing homes may be in immediate danger, and reporting suspicions can prevent ongoing abuse and neglect. Upon reporting abuse or neglect to the following agencies, they are legally obligated to conduct investigations.

ADULT PROTECTIVE SERVICES

If you suspect any form of abuse, neglect, or exploitation, whether involving known loved ones or unfamiliar nursing home residents, report these incidents to Adult Protective Services (APS). This agency is tasked with investigating complaints related to abuse, neglect, and exploitation. If you suspect such mistreatment, document the incident and inform the authorities.

Reports can be submitted in writing or verbally, and there’s also an option for anonymous reporting to:

Adult Protective Services

275 E. Main Street

Frankfort, KY 40621

800-752-6200

OFFICE OF THE INSPECTOR GENERAL

Complaints against the nursing home should also be directed to the Office of the Inspector General (OIG), which oversees the licensing of nursing homes.

Office of the Inspector General

502-564-7963

OFFICE OF THE ATTORNEY GENERAL

Furthermore, reports of abuse in a nursing home facility may be lodged with the Office of the Attorney General’s Abuse Tip Line.

877-ABUSE-TIP (877-228-7384)

When making a report, provide the victim’s name, facility and location, names of witnesses, incident date and time, and any pertinent details you possess. You can also refer to the Kentucky Attorney General’s sample report for guidance. Remember, reports can be submitted in writing, verbally, or anonymously.

LOUISVILLE OFFICE OF AGING AND DISABLED CITIZENS

The Louisville Office of Aging and Disabled Citizens acts as a central hub for information and resources aimed at improving the lives of seniors and people with disabilities in Louisville.

What are the requirements for reporting nursing home abuse?

Under the Elder Justice Act, individuals including owners, operators, employees, managers, agents, or contractors of relevant long-term care facilities must report any reasonable suspicion of crimes against a resident to the Secretary and at least one local law enforcement entity.

For Cases of Serious Bodily Injury – 2-Hour Limit: If there is reasonable suspicion that an incident has resulted in serious bodily injury to a resident, the suspicion must be reported immediately, with a maximum window of 2 hours after the suspicion arises.

For Other Incidents – Within 24 Hours: If the events do not result in serious bodily injury, the suspicion must be reported no later than 24 hours after it arises.

Reporting abuse is mandatory for all nursing homes and staff. Failure to report can lead to severe fines and penalties imposed on the nursing home. Additionally, a Louisville nursing home abuse attorney may seek further damages on behalf of the victim.

Other Kentucky nursing home abuse and neglect resources

Cabinet for Health and Family Services

Adult protective services reporting system

The Department of Health and Human Services Administration on Aging

(800) 677-1116

http://eldercare.gov