How to Respond to Nursing Home Abuse in Kentucky

Nursing home abuse in Kentucky facilities continues to grow as recent corner cutting on safety measures result in gross misconduct. Several mid-size for-profit facilities have neglected basic care to residents while letting abusive behavior from caretakers stay under the radar.

If your loved one is currently a Kentucky nursing home resident suffering from abuse, learn how to spot the early signs. Know how and when to report, and when to secure legal assistance.

If you’re not sure where to start, this nursing home abuse guide will give you the information you need.

Kentucky Nursing Home Resident Rights

The federal government awards nursing home residents several rights most are not aware of when admitting themselves in a facility. Nursing home staff must explain your federal rights in a language you understand while explaining the tasks each resident is responsible for.

IMPORTANT: You should report any suspected violations, and the nursing home must investigate incidents within five days.

Not only do residents enjoy federal rights from the U.S. government, but Kentucky lists additional rights given directly by the state.

Stay vigilant when preventing negligent staff members from violating your nursing home rights. They may be liable for risking excess harm to your loved one and others around them:

1. Residents have the right to travel outside their nursing home and may be encouraged to go outside as they wish. There must be a legitimate reason to refuse outdoor activities to a resident.
2. Social, religious, and community activities may be awarded to residents throughout their stay in a nursing home.
3. Residents own the right to at least visual privacy in toilets, tubs, and multi-bed rooms.
4. Nursing home residents, their guardians, or a family member may choose their own physician.
5. If a resident suffers from a mental disability, Kentucky law permits the resident’s guardian to act on their behalf to make sure their rights are respected.
6. Each resident shall be treated with consideration, respect, and full recognition of his dignity and individuality, including privacy in treatment and in care for his personal needs.

These are only a small example of the rights given to Kentucky nursing home residents that staff should follow. If you believe your loved one’s rights were violated, you may qualify for a lawsuit in court.

What is Considered Nursing Home Abuse in Kentucky?

“Abuse” means the infliction of injury, sexual abuse, unreasonable confinement, intimidation, or punishment that results in physical pain or injury, including mental injury;

–Ky. Rev. Stat. § 209.020

Kentucky defines ‘abuse’ as intent-driven actions that inflict physical and emotional harm to another person. This can take several forms, such as:

• Physical harm
• Emotional abuse
• Financial exploitation
• Sexual abuse
• Nursing home neglect

Abuse victims may hide their condition from their loved ones out of shame or fear of retaliation from their caregivers. It’s important to catch abuse before the situation escalates, putting lives and mental health in danger.

Physical and Emotional Abuse

Kentucky defines nursing home physical abuse as when someone purposely inflicts bodily injury to a vulnerable adult. This type of abuse may show when signs like sudden bruises, bleeding, broken bones, burns, and swelling appear.

Take photos of such injuries so your attorney can prove their actions contributed to your loved one’s losses. Every form of injury, no matter how severe, may contribute to your legal claim.

Examples of the kinds of actions that may contribute to physical abuse include:

• Punching, slapping, kicking
• Intentional shoving
• Use of physical or chemical restraints
• Intentional refusal of resources

Emotional or psychological abuse may leave less signs than physical attacks due to its subversive nature.

Kentucky nursing home residents may hesitate to tell you about emotional abuse because they fear their situation will get worse. Reassure your loved one that retaliation against a nursing home complaint is illegal.

Emotional abuse may produce more trauma than physical abuse, so take such claims seriously. Nursing home emotional abuse may look like:

• Humiliation and harassment
• Intentional embarrassment
• Isolation from other residents
• Intimidation and name-calling

Financial Abuse

Inappropriate physical touching or sexual assault is another form of physical abuse that occurs in nursing homes. Signs include:

• Injury to the genital area
• Difficulty in sitting or walking
• Fear of being alone with caretakers
• Patient reports a sexual assault

Sometimes the perpetrators are staff, but oftentimes they’re other residents. No nursing home resident should have to deal with unwanted sexual conduct.

Nursing Home Neglect

Closely related, but not quite the same as other types of abuse is nursing home neglect. When staff or caretakers withhold necessary care to their residents, resulting in deteriorated mental and physical health, that is nursing home neglect.

Neglect indicates inadequate care or apathy, whereas abuse involves intentional harm. Whether it’s on-purpose or not, long-term care facilities may be responsible for nursing home neglect whenever it occurs. Signs of negligence from a Kentucky nursing home may include:

• Failing to provide shelter, food, or clothing
• Not performing required wound or medical care
• Leaving residents in bed too long such that persistent bed sores develop
• Not providing wheelchairs or walkers for residents with mobility issues
• Refusing to change residents after episodes of incontinence
• Regularly turning off the call light or ignoring help requests from residents

Every nursing home resident has the right to adequate basic care and there’s no excuse for causing the elderly to suffer.

How to Find Signs of Nursing Home Abuse

One of the best ways to stop nursing home abuse is to spot the warning signs early. While the symptoms depend on abuse type, here are some of the clues the Department of Justice suggests you should look for:

• Bruises, black eyes, welts
• Bleeding, cuts, lacerations
• Sprains, dislocations, broken bones
• Unusual changes in sleeping and eating patterns
• Dramatic weight loss
• Emotional upset or agitation
• Personality changes, such as excessive apologizing
• Depression or anxiety
• Unexplained disappearance of funds or possessions
• Untreated bedsores
• Dirty clothing or undergarments
• Unsanitary or unclean living conditions

Try to keep lines of communication open if you know someone in a nursing home. This includes calling and checking up in person regularly.

Many seniors hesitate to bring up their experiences because they don’t want to cause problems. Some also simply assume mistreatment is normal. Reassure them that they have a right to proper care and are safe to share any concerns.

IMPORTANT: Call your local law enforcement agency or 911 if the situation is a life-threatening emergency.

How to Report Nursing Home Abuse in Kentucky

Kentucky law requires that any person who suspects that an adult has suffered abuse, neglect or exploitation shall report it to authorities.

Kentucky’s attorney general wants to make reporting elder abuse in the state easy. Their office operates the Elder Abuse & Neglect Hotline here: 1-877-228-7384. The hotline is available 24 hours a day, seven days a week.

For protective services, guardianship and counseling contact the Cabinet for Health and Family Services Adult Protection Branch at 1-800-752-6200 or 1-877-597-2331.

Kentucky Ombudsman

The Commonwealth Office of the Ombudsman is an advocate for citizens. Made up of volunteers and government employees, the Kentucky ombudsman seeks to resolve nursing home complaints and promote corrective behavior throughout the state.

You can reach the Kentucky Ombudsman through these avenues:

• [email protected]
• (866) 596-6283
• 209 St. Clair Street,
  Frankfort, Kentucky 40601

Damages in a Nursing Home Abuse Claim

After reporting to the authorities, you may qualify for a lawsuit in order to cover the damages done to you or your loved one.

Compensatory and punitive damages make up the two types of damages that may be awarded in a Kentucky nursing home abuse claim. Payouts for these types of damages depend on your evidence and your attorney’s skill in proving your case. In Kentucky, damages amounts are not capped.

Compensatory Damages

Compensatory damages are monetary payments for “actual” damages resulting from the incident. The amount of an award will depend on the proven harm, loss, or injury to the victim.

These may be in the form of economic damages, like medical bills or money lost via financial exploitation. Or they may be non-economic damages like pain and suffering or emotional distress.

Punitive Damages

You may qualify for punitive damages in your nursing home abuse lawsuit if mistreatment was particularly negligent or reckless.

The idea behind punitive damage awards is to make the financial burden painful for those responsible for the abuse. In this way, punitive damages aren’t meant to make up for losses. Instead they serve as a deterrent against future incidents of abuse.

(2) A plaintiff shall recover punitive damages only upon proving, by clear and convincing evidence, that the defendant from whom such damages are sought acted toward the plaintiff with oppression, fraud or malice.

–Ky. Rev. Stat. § 411.184

Kentucky does not place a cap on punitive damages. If you believe you qualify for such damages in your claim, call a nursing home abuse attorney to assist you with your lawsuit.

Kentucky Statute of Limitations for Nursing Home Claims

The statute of limitations for filing a lawsuit alleging personal injury from nursing home abuse in Kentucky is only one year.

That deadline is shorter than most states, so be aware of it. Missed deadlines mean your case will not receive consideration in a court of law. It’s best not to wait so you don’t miss your opportunity to file in court.

Find a Trusted Nursing Home Abuse Attorney With LegalASAP

The best way to immediately address incidents of nursing home abuse in Kentucky is to get a skilled attorney who specializes in your type of case.

Specialized nursing home abuse lawyers know the system and can consult with you directly regarding your claim. In fact, we can connect you with a qualified attorney in our extensive law firm network with no upfront charges until you win.

Remember the sooner you get an evaluation, the quicker you or your loved one can move into a better situation. Because no one should have to suffer where they live.