Ross F. Mann | November 14, 2025 | Nursing Home Abuse
Discovering that a loved one has been mistreated or neglected inside a nursing home is heartbreaking. Families trust long-term care facilities to provide safety, dignity, and compassionate attention. When that trust is violated, you may wonder about the legal options available. In Kentucky, families can sue a nursing home for negligence when the facility fails to uphold its legal duty of care and causes harm to a resident.
Understanding how a nursing home abuse claim works and how to prove it can help you take the first step toward accountability.
Suing a Nursing Home for Negligence in Kentucky
Nursing home negligence occurs when a facility or its staff fails to provide the level of care that a reasonably careful nursing home would provide under similar circumstances. Kentucky law requires these facilities to protect residents from foreseeable harm. When they fail to do so, they may be legally responsible for injuries, emotional suffering, or even wrongful death.
Examples of negligence include:
- Failing to prevent bedsores
- Ignoring fall risks or failing to supervise residents
- Medication errors or improper medical treatment
- Malnutrition, dehydration, or weight loss
- Inadequate staffing or lack of training
- Abuse by staff or other residents
- Unsanitary living conditions
If negligence results in injury, illness, or death, the resident or their family may pursue a civil lawsuit against the facility.
How Do You Prove Nursing Home Negligence in Kentucky?
To succeed in a lawsuit, you must show that the nursing home breached its duty of care. In Kentucky, this typically requires proving four elements:
Duty of Care
Nursing homes are legally obligated to provide a reasonable and appropriate level of care to residents. This includes following care plans, ensuring safe living environments, administering medication correctly, preventing infection, and supervising residents who are at risk of falls.
Breach of Duty
You must show that the nursing home failed to meet that obligation. This qualifies as a breach of duty, which may include failing to adhere to staffing guidelines, neglecting medical instructions, or failing to protect residents from preventable injury.
Causation
It must be clear that the facility’s breach was the cause of the injury or condition. For example, if a resident develops severe bedsores because staff did not turn them regularly, the connection between negligence and injury is apparent.
Damages
Finally, the resident must have suffered actual harm. This could be physical, emotional, or financial. This may consist of medical bills, pain and suffering, worsened health, or long-term disability.
Many nursing homes deny wrongdoing initially. That’s why it’s important to build a strong case supported by credible evidence.
What Evidence Is Needed to Sue a Nursing Home?
Nursing home negligence cases often require significant investigation. Facilities may attempt to downplay issues, falsify records, or hide staffing shortages. This makes it critical to gather all available information quickly.
Common types of evidence include:
- Medical Records: These can show the resident’s condition before and after the alleged negligence. They will help demonstrate whether declines in health were avoidable or caused by improper care.
- Care Plans and Facility Logs: Federal and state regulations require nursing homes to maintain detailed care plans and shift charts. These documents can reveal whether staff followed required procedures.
- Witness Statements: Other residents, family members, or former employees may provide insight into unsafe practices or patterns of neglect.
- Staffing Records: Understaffing is a common cause of neglect in nursing homes. Payroll and schedule records can reveal whether the facility had enough personnel on duty.
- Photographs and Videos: Images of bruises, bedsores, unsanitary rooms, or concerning conditions provide robust visual evidence.
- Expert Testimony: Physicians, nursing experts, and medical professionals often play a crucial role in explaining nursing home negligence.
A stronger claim hinges on the evidence you gather early on.
Contact Ross Mann Personal Injury Lawyers for a Free Consultation With a Lexington Nursing Home Abuse Lawyer
When a nursing home fails to provide proper care, the consequences can be devastating. Kentucky law gives victims and families the right to seek justice. If you suspect that a loved one has been harmed by nursing home negligence, contact Ross Mann Personal Injury Lawyers for a free consultation.
If you were injured in an accident in Lexington, and need legal help, contact our nursing home abuse attorneys at Ross Mann Personal Injury Lawyers, to schedule a free case review today.
We proudly serve Fayette County and the surrounding areas.
Ross Mann Personal Injury Lawyers – Lexington
501 Darby Creek Rd UNIT 48
Lexington, KY 40509
(859) 413-3900
