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Kentucky Nursing Home Abuse Attorney
Nursing Home Negligence and Abuse Attorneys in Northern Kentucky and Southwest Ohio
When a family member in an assisted living facility or nursing home facility suffers from neglect or abuse, it can leave you feeling helpless and unsure of where to turn. The emotions and anxiety that come with discovering that your loved one has been mistreated are overwhelming, but it’s important to take action to protect their rights and well-being. If a nursing home or assisted living facility fails to provide adequate care or intentionally inflicts harm on your loved one, an Ohio or Kentucky nursing home abuse attorney at our firm can help.
At TLF: The Medical Injury Law Firm, we have decades of experience handling nursing home neglect and abuse cases throughout Northern Kentucky and Southwest Ohio. We understand how upsetting it can be when nursing homes fail to provide the care that elderly nursing home residents deserve, leading to preventable injuries, suffering, and even wrongful death. Our experienced attorneys are committed to holding these facilities accountable and ensuring that justice is served for your loved one.
If your elderly family member has experienced neglect or abuse in a care facility, contact our Covington, KY and Cincinnati, OH personal injury attorneys at TLF and let us use our years of experience to help you seek the justice and compensation your family deserves. Call us at (800) 698-4054 or reach out online to schedule a free consultation today.
Nursing Home Neglect vs. Nursing Home Abuse
Nursing home neglect and abuse both involve the mistreatment of elderly nursing home residents, but they differ in intent and impact. Neglect occurs when nursing homes fail to provide the necessary care and support that residents need to maintain their physical health and well-being. This might include neglecting basic self-care tasks like feeding, bathing, or administering medication, leading to a decline in the resident’s health.
On the other hand, abuse of an elderly person involves intentional harm or exploitation, whether physically, emotionally, or financially. While both neglect and abuse can result in serious harm to the resident, elder abuse is characterized by deliberate actions that cause pain or suffering, while neglect is generally a failure to act or provide appropriate care.
What Are the Signs of Nursing Home Abuse and Neglect?
Nursing home patients and long-term care facility residents are several times more likely to be abused and neglected than their senior counterparts who live at home. Of those, residents with a lower socioeconomic status tend to be more prone to abuse and neglect. To make matters even worse, elderly patients often find it increasingly difficult to report nursing home abuse due to conditions such as dementia and isolation from friends and family.
This can make it hard for family members to spot signs of nursing home abuse and neglect, so it is imperative that those with a loved one in these facilities pay attention to the common indicators of negligence and abuse. Learning and watching for these signs can help you notice when your loved one is in danger before it’s too late.
Here are some of the more common signs of nursing home abuse and/or neglect:
- Pressure sores (aka bedsores)
- Unexplained infections
- Bruises or bleeding
- Broken bones
- Poor personal hygiene
- Unease or a sense of anxiety around caretakers
- Sudden weight change
- Malnutrition and dehydration
- Emotional withdrawal
- Sudden financial issues
- Unwarranted changes in legal documentation (e.g., power of attorney, will and testament)
What Constitutes Nursing Home Abuse?
According to the Administration on Aging, nursing home abuse is defined as intentionally causing physical harm or mental anguish to a resident of a long-term care facility. This is a particularly broad statement, as nursing home neglect or abuse can take on a variety of different forms. More specifically, nursing home abuse may include physical, mental, financial, and even sexual abuse. It may also include deprivation, confinement, and general neglect.
Physical Abuse
Physical abuse occurs when pain or injury is inflicted upon a nursing home resident. Examples may include hitting, shoving, squeezing, and kicking, to name a few. However, physical abuse is not limited to actual physical assault or battery and doesn’t always require physical contact. Things like force-feeding and overmedicating can also be considered physical abuse.
Mental Abuse
There are many different types of mental abuse. In a nursing home, mental abuse can take the form of verbal, emotional, or psychological abuse. This may include things like threats, seclusion, caustic remarks, or insults. Emotional manipulation, which occurs when a nursing home staff member wrongfully influences a resident for their own personal gain, is also a form of mental abuse. Nursing home residents, for example, may be coerced into overlooking abuse due to the fear of not being fed, washed, groomed, or otherwise properly cared for.
Financial Abuse
Financial exploitation is a very prominent form of nursing home abuse. This occurs when someone, typically a staff member, steals from a resident or employs manipulation techniques to obtain their money. Financial abuse may include stealing cash, credit cards, or other valuables directly from a resident, stealing from a resident’s financial records, changing a resident’s will, or preventing a resident from accessing their own funds.
Sexual Abuse
When a resident is subjected to any sort of unwanted sexual contact, from groping or improper touching to sexual assault, this is sexual abuse. Unfortunately, sexual abuse in nursing homes often occurs to those who are disabled mentally or physically and are generally unable to provide consent. Indicators of that your loved one may have been sexually abused include signs of bruising, scraping, or sores around the genital area. It can also potentially lead to a variety of sexually transmitted diseases being contracted by the resident.
Neglect
Nursing home neglect occurs when a caregiver fails to provide the level of care that is required of someone in their position. Failure to assist with personal hygiene, provide necessary medical treatment, address health and safety hazards, acknowledge unsanitary conditions, and provide adequate food, clothing, or shelter are some of the most common forms of nursing home neglect.
Willful Deprivation
Willful deprivation occurs when nursing home staff denies an elderly person medication, medical care, shelter, services, food, therapeutic devices, or other physical assistance due to age, health, or disability, thereby exposing that person to the risk of physical, mental, or emotional harm.
Unreasonable Confinement
If a staff member unnecessarily isolates a resident or employs the use of restraints, whether it be physical or chemical, it is considered unreasonable confinement. Physical restraints may include shackling or strapping a resident to their bed, while chemical restraints include the use of sedatives or other drugs to restrict a resident’s movement.
How to Report Nursing Home Abuse
If you suspect that a loved one is experiencing abuse or neglect in a nursing home, you should report it to the appropriate state authorities as soon as possible. In Kentucky, contact the Office of Inspector General at the Cabinet for Health and Family Services by calling (502) 564-2888. You can also file a report on the Adult Protective Services website or call their hotline at (877) 597-2331.
In Ohio, you can report nursing home abuse to the Ohio Department of Health or Adult Protective Services by contacting the victim’s local county JFS agency or calling 1-855-OHIO-APS. Taking action by reporting abuse ensures that investigations can be conducted and that the safety and well-being of residents in nursing homes are prioritized.
What is the Process for Filing a Nursing Home Abuse or Neglect Lawsuit?
Filing a nursing home abuse or neglect lawsuit involves several crucial steps, starting with gathering evidence of the mistreatment your loved one has endured. This may include obtaining nursing home and medical records and/or taking photographs of any injuries or unacceptable conditions you find your loved one in.
The next thing you should do is consult with an Ohio or Kentucky nursing home abuse lawyer, as they can guide you through the process and help you understand your legal rights. Your attorney will assist in collecting medical records, witness statements, and other relevant documentation to build a strong case. Once sufficient evidence is gathered, your lawyer will file the legal action in the appropriate court, seeking justice and compensation for the harm caused and ensuring that your loved one’s rights are protected.
How To Prove Nursing Home Negligence or Abuse
While nursing home errors, abuse, and neglect are all too common, they can be rather difficult to prove in a court of law. That is why it is important that you and your attorney take the necessary steps to identify and prove this abuse if you believe your loved one is suffering at the hands of their caretakers in a nursing home or assisted living facility.
Another thing that can significantly help your case is locating former complaints against the nursing home or its staff. Previous allegations of abuse or neglect can help solidify a history of substandard care. While looking into any complaints lodged against the facility, your attorney should also try to locate past inspections, citations, and licenses. This can help in establishing a record of the facility’s violations of state or federal laws.
Witness statements or testimony can also help prove a pattern of error, abuse, or neglect. These statements may come from other residents, visitors, family members, or even nursing home staff or former employees of the facility.
Overall, the best way to prove nursing home abuse is with the help of an experienced legal team. By hiring a Cincinnati or Northern Kentucky nursing home abuse attorney from TLF, you can ensure that every aspect of your case will be investigated to the fullest extent. Your elderly abuse attorneys can assist you in obtaining the resident’s medical records and filing the necessary motions to hold the responsible parties accountable for their actions.
How Long Do I Have to File a Nursing Home Abuse Claim?
When it comes to filing any kind of claim, you must make sure you do so within the specified legal time frame. Otherwise, your claim may be denied and you will not be able to receive compensation from the responsible parties.
Each state has its own statute of limitations for how long a plaintiff is able to file a lawsuit, including those seeking to file a nursing home abuse claim. Below, we will provide the statute of limitations required for both Kentucky and Ohio residents.
Statute of Limitations for Nursing Home Abuse in Kentucky
According to Kentucky’s Revised Statutes § 413.140, most personal injury lawsuits have a one-year deadline to file. This includes cases involving Kentucky medical malpractice claims, KY birth injury claims, and yes, nursing home errors and abuse that lead to emotional pain and physical injury. This means that a plaintiff has one year from the date of the injury or incident, or since they knew or should have known that the abuse was taking place, to file a claim.
Statute of Limitations for Nursing Home Abuse in Ohio
In general, personal injury lawsuits in Ohio have a two-year statute of limitations from the day the cause of action arose. In congruence with Ohio Revised Code § 2305.10, the time period begins once you discover the harm or reasonably should have discovered it. However, note that the statute of limitations may differ for nursing home abuse cases involving medical malpractice, as medical malpractice claims in Ohio are subject to a one-year time limit.
If you provide a formal notice to the defendant that you’re exploring a medical malpractice claim against the health care provider before the deadline, the one-year time limit may be extended. In this case, you may have an additional 180 days to launch a lawsuit once the provider receives the notification.
How a Nursing Home Abuse and Neglect Attorney Can Help
A nursing home abuse lawyer plays a crucial role in holding nursing home facilities and assisted living facilities accountable for the abuse and neglect of vulnerable residents. These attorneys have the knowledge, experience, and resources to investigate the circumstances surrounding the mistreatment, including interviewing current and former employees and examining the actions of the nursing home staff. They will work to prove that the facility in question failed to provide your loved one with the proper care they are entitled to under state and federal law.
Whether the abuse or neglect stems from inadequate staffing, poor training, or intentional misconduct, your attorneys will assist you in fighting for the rights of the elderly and ensuring that those responsible are held accountable.
Why Choose TLF for Your Nursing Home Abuse or Neglect Case?
At TLF: The Medical Injury Law Firm, our legal team strongly believes that elderly residents in Ohio and Kentucky nursing homes deserve the utmost respect and dignity, and that their mistreatment goes far beyond illegal to immoral. By terms of their state licenses, skilled care facilities are required to provide an accepted standard of care at all times. When they do not, and injury or death occurs as a result, they have violated the terms of their license. Equally important is that they have violated the trust of their patients and their patients’ families.
In addition to obtaining medical records and fighting on behalf of the victim, our Ohio and Kentucky nursing home abuse attorneys have access to professional medical witnesses who can testify in court and explain how the nursing home’s negligence caused your loved one’s injuries. This testimony may be critical to the success of your nursing home abuse lawsuit.
Our team is highly qualified and ready to take on nursing home abuse and neglect cases in both Kentucky and Ohio. Our attorneys are proud members of the Kentucky Bar Association, Kentucky Justice Association, Ohio Association for Justice, American Association for Justice, and more, highlighting our experience and dedication to ensuring that the rights of the elderly and vulnerable populations are protected. With this strong professional network and our extensive experience, we are fully equipped to handle your case and fight for the justice and compensation your loved one deserves.
Fighting For the Rights of Nursing Home Residents in Ohio and Kentucky
Do not accept excuses such as lack of staff or poor training when it comes to the care and well-being of Ohio and Kentucky nursing home residents. Our dedicated nursing home abuse lawyers are committed to holding the nursing home responsible for any injuries suffered due to negligence or intentional abuse. We take swift legal action to not only address and rectify substandard conditions but also to secure fair compensation for the damages caused.
Whether the harm resulted in the need for additional medical treatment, long-term suffering, or even wrongful death, we fight tirelessly to ensure that justice is served and to make sure that no resident endures such treatment in the same manner ever again.
Call the Cincinnati and Covington Nursing Home Abuse Lawyers at TLF for a Free Consultation
If you suspect that your loved one is being abused or neglected in a nursing home or assisted living facility, it’s crucial to take immediate action. Contact the Cincinnati and Northern Kentucky nursing home abuse attorneys at TLF: The Medical Injury Law Firm right away for a no-cost, no-obligation consultation.
Our experienced attorneys are dedicated to protecting the rights of senior citizens and fighting against elder abuse. We will listen to your concerns, evaluate the situation, and provide you with clear guidance on the best steps to take. You can reach us by calling our Cincinnati law office at (513) 651-4130, our Covington, KY law office at (859) 578-9130, or toll-free at (800) 698-4054. You may also complete our online intake form to get in touch and schedule your consultation today.
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