Caring And Experienced Lexington Nursing Home Abuse Attorneys

Nursing home neglect and abuse is a tragic yet common reality that many Lexington residents and their loved ones face. This is inexcusable. Unfortunately, many families won’t know what they don’t know until it is too late. You will need an experienced nursing home attorney to fight for you.

Ross Mann Law PLLC is an elder abuse and personal injury law firm serving the people of Kentucky and Ohio. We will work with field investigators, nursing home experts, and families to determine if your loved one suffered elder abuse or neglect. Then, we will do everything in our power to hold them accountable, recover compensation for your damages and make sure your voice is heard. In our practice, we have handled more than 1,000 claims involving elder abuse, always seeking maximum compensation for our clients’ damages.

Table of Contents

Bringing Kentucky Nursing Home Abuse To The Light

How Common Is Elder Abuse In Kentucky?

What Are The Signs Of Elder Abuse And Neglect?

The Rights And Protections Of The Elderly In Kentucky Nursing Homes

What If My Loved One Was Abused In A Kentucky Elder Care Facility?

The Challenges Of Taking Legal Action Against A Nursing Home

Maximizing Compensation In A Kentucky Nursing Neglect Case

Devoted To Helping The Victims Of Elder Abuse And Neglect

Nursing Home Abuse Litigation Experience

Bringing Kentucky Nursing Home Abuse To The Light

We handle claims throughout the state involving all varieties of elder abuse and neglect. A personal injury lawyer with experience in nursing home neglect and abuse cases knows the signs of negligence at a facility and what it takes to recover damages in Kentucky. We will draw on our extensive legal knowledge to develop the right strategy to fight for compensation for yourself or a loved one.

Such cases often include:

• Failure to notify: Nursing homes have a state and federal regulatory duty to notify responsible family members when there is a need to commence a new form of treatment, change a form of treatment, or when there is an acute change of condition. One of the most common issues facing the families of nursing home residents is the facility’s failure to notify the family.
• Understaffed facilities: An understaffed nursing home is a clear danger to the vulnerable residents who live there. It is the residents who suffer, as there is not enough budgetary allotment for sufficient staff to take care of the residents. Nursing homes have state and federal regulatory duties to sufficiently staff the nursing home to meet the needs of the residents.
• Lack of oversight: Many Kentucky nursing homes are owned by out-of-state owners who seldom, if ever, visit the facility to see about the condition of the residents or the staff. Out-of-state nursing home operators will frequently use complicated corporate structures to shield themselves from liability, obscure responsibility, and siphon money away from the facility using various LLCs and other corporate entities.

Don’t let the nursing home keep you in the dark concerning your loved one’s condition. The moment you notice the signs and suspect mistreatment, please consult a nursing home abuse attorney who can represent you, investigate the abuse and make your claim.

How Common Is Elder Abuse In Kentucky?

Elder abuse is more prevalent than many people might suspect. In the United States, around 10% of adults ages 60 and older are victims of elder abuse. In Kentucky, around 21,000 reports of elder abuse were made in 2021 (the most recent year with complete data).

Some individuals are more susceptible to elder abuse than others. Factors that increase a person’s risk of experiencing it include cognitive challenges, poor mental and physical health and social isolation. Individuals who suffer from certain mental impairments, like dementia, experience elder abuse at a particularly high rate.

The most common type of elder abuse complaint in Kentucky is caretaker neglect, meaning that an elder’s caregiver is not taking proper care of them. Other forms of elder abuse the state frequently receives calls about are patient abuse – the physical harm of elders – and financial exploitation – the misappropriation of elders’ funds by caregivers.

There are many reasons why elder abuse and neglect happen. Elders may be mistreated due to:

• Ageism
• Caregiver mental illness
• Caregiver stress
• Caregiver substance abuse
• Conflicts with caregivers (i.e., elder vs. caregiver, family vs. caregiver)
• Cultural norms
• Dependence on caregivers
• Power dynamics

Grappling with elder abuse can be heartbreaking for victims’ loved ones. Remember, though, that you have the power to protect your loved one’s health and dignity by standing up to their mistreatment. A Lexington elder law attorney can help you take action.

What Are The Signs Of Elder Abuse And Neglect?

One of the most effective ways to prevent nursing home abuse and neglect is to know its signs. When you can recognize the telltale warning signs, you can help the victim and stop the perpetrator from harming anyone again.

There are numerous red flags for elder abuse. Some of the most common include:

• Bruises, cuts, black eyes and scars
• Bedsores
• Poor hygiene
• Depression or anxiety
• Malnutrition or dehydration
• Fear around certain staff members
• Staff refusing to leave the resident alone with you
• Suspicious financial transactions
• Unexplained financial issues
• Mental challenges (i.e., anxiety, confusion, depression, withdrawal)
• Unexplained injuries (i.e., bruises, cuts, burns)

If your elderly loved one or another nursing home resident tells you that they have experienced mistreatment, take them at their word. It is better to report something that turns out to be innocent than to ignore an incident of abuse.

The Rights And Protections Of The Elderly In Kentucky Nursing Homes

Residents of Kentucky’s assisted living facilities, such as nursing homes, have several rights under commonwealth and federal law. These rights include:

• The right to a dignified existence and self-determination
• The right to choose their attending physician
• The right to be fully informed in advance about the medical care they are receiving and any changes the doctor recommends
• The right to live free from physical and mental abuse
• Protection against chemical and physical restraints, except in emergencies or when justified in writing by a doctor and for a specified, limited time period
• The right to go outside the premises when desired unless the facility has a legitimate and documented reason to refuse
• The right to visual privacy in multibed rooms and while bathing and toileting

What If My Loved One Was Abused In A Kentucky Elder Care Facility?

There is a history of nursing homes taking steps to hide or destroy evidence and instructing care staff not to cooperate with investigations. If you believe that mistreatment, abuse, neglect or medical malpractice are taking place in a nursing home, gather as much evidence as you can. This may include medical records, financial statements and photographs of injuries. Then, you need to consult a nursing home neglect lawyer immediately afterward so you can begin your claim.

The Challenges Of Taking Legal Action Against A Nursing Home

Even when you are certain that abuse or neglect has occurred, you still need enough evidence to prove it in court if a trial is necessary. Usually, this means you and your attorney must gather a broad range of evidence that clearly ties facility practices, employee misconduct or both to the harm your loved one suffered. Commonly used evidence includes:

• Medical records
• Photos and videos from facility surveillance footage
• Personal accounts of the abuse from the victim and witnesses
• Details from insurance claims

We thoroughly review all potential evidence to reconstruct what happened and pressure the facility’s insurance company to agree to a fair settlement. Nursing homes and their insurers often deny valid claims to protect their reputations and bottom lines. Our attorneys hold negligent nursing homes accountable and will never pressure you to accept an inadequate settlement when a trial is still a viable option. As trial lawyers, we are familiar with the judges throughout the Louisville area and adjust our courtroom strategies accordingly.

Insurance companies know that we do everything possible to advocate for our clients, which gives us an edge in negotiations.

Maximizing Compensation In A Kentucky Nursing Neglect Case

While every case is unique, injuries suffered due to neglect or abuse while living in a care facility generally can be grouped into two categories: economic and noneconomic.

Economic damages are those with a clear and easily quantified price. For example, you generally can calculate the cost of medical care for the injuries you or a loved one suffered due to neglect or abuse by looking at the bills from the hospital and medical clinics. Expected future medical bills are another type of economic damage you can pursue.

Noneconomic damages tend to be more emotional and complex to put a dollar figure on. The pain and suffering the victim suffered during and after the abuse, as well as their mental anguish and reduced enjoyment of life, are common types of noneconomic damages.

In some cases, the victim or their surviving loved ones could be entitled to punitive damages. These serve to punish purposeful abuse or extreme negligence and are rarely awarded.

Devoted To Helping The Victims Of Elder Abuse And Neglect

Our Lexington nursing home abuse attorneys have seen just about every imaginable form of elder abuse and neglect. Some of the most common include:

• Slip-and-falls or trip-and-falls
• Physical abuse
• Malnutrition and dehydration
• Financial abuse
• Emotional or psychological abuse
• Chemical restraint (overmedication)
• Wrongful death

You need to seek out a Lexington nursing home neglect attorney as soon as you notice the signs of elder abuse. The sooner you reach out to us, the sooner we can begin investigating your claim, gathering evidence and making sure that the perpetrator does not hurt any more senior citizens.

Nursing Home Abuse Litigation Experience

We regularly litigate nursing home abuse lawsuits. However, our reputation as a trial law firm can put us in a position to obtain a better settlement. Through strategic mediation and negotiation, we often help our clients reach positive solutions without setting foot in a courtroom. If the insurance company refuses to offer a fair compensation offer, we are prepared for aggressive litigation.

Make Your Voice Heard – Speak With A Lexington Elder Abuse Lawyer Today

At Ross Mann Law PLLC, your voice will be heard. If you believe that your loved one is a victim of nursing home neglect and abuse, call us today and get a free consultation. We serve clients across the Louisville metro area, including Ohio, from our office in Lexington. Please call us toll-free at 888-465-4145 or send us an email.