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

Kentucky Nursing Home Abuse Claims We See Most Often

• 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

How We Help The Victims Of Elder Abuse And Neglect

Lexington Nursing Home Abuse Attorneys With Litigation Experience

Questions About Nursing Home Abuse Claims In Lexington, Kentucky

• Do I have a nursing home abuse case?
• How do I prove nursing home abuse happened?
• Are stroke victims more at risk for nursing home abuse?
• How can I know if there is abuse if I am not able to regularly visit my parent in a Lexington nursing home?
• Is it possible for an elder to develop Stockholm Syndrome with their abuser in a nursing home?

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Kentucky Nursing Home Abuse Claims We See Most Often

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.

How We Help 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 Attorneys With 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.

Questions About Nursing Home Abuse Claims In Lexington, Kentucky

Nursing home abuse is a critical concern for many families. Here are some frequently asked questions to help you notice the unseen challenges and allow you to take appropriate action when necessary:

Do I have a nursing home abuse case?

Nursing home residents in Kentucky have the right to be free from all forms of mental or physical abuse, including the unnecessary use of chemical restraints. You may have a valid nursing home abuse case if you see any of the potential signs of abuse or neglect:

• Unexplained injuries, including bruises, cuts and fractures
• Sudden weight loss or dehydration not associated with active dying
• Poor hygiene, including unwashed clothing, peeling skin, dirty nails and matted hair
• Bedsores (pressure ulcers) that have been allowed to progress due to lack of care
• Emotional or behavior changes, including signs your loved one is depressed, withdrawn, anxious or outright fearful
• Lack of proper supervision, including residents wandering off (elopement), falling frequently or being left unattended for hours while immobile
• Medication issues such as issuing a patient the wrong medication, missing doses and overmedication to control problematic behavior

In essence, if you are suspicious, you probably should be. If you identify one or more of these signs and you do not receive an acceptable response from the care facility’s management, it may be time to speak to an attorney.

How do I prove nursing home abuse happened?

One significant challenge in proving nursing home abuse is the fact that the abused patient may be unwilling or unable to speak about the abuse due to fear, confusion, cognitive impairments or even misplaced loyalty to their negligent caregivers. Instead, you may prove your case through:

• Documentation of your observations regarding changes in your loved one’s condition
• Photographs of any visible injuries that your loved one has suffered
• Medical records that indicate unexplained medical issues or inconsistent medical care
• Incident reports and medication logs that were created by the facility
• Witness statements from family members, visitors, current and former nursing staff
• Examinations by an independent medical professional unaffiliated with the facility

In some cases, geriatric care specialists can provide professional opinions on the applicable standards of care in your loved one’s situation and point out deviations that suggest neglect or abuse.

Are stroke victims more at risk for nursing home abuse?

Yes, stroke victims can be more at risk for nursing home abuse. For example, a health science report done in China shows about 62.27% of elderly individuals with stroke reported abuse, especially those from lower-income households.

Determining if stroke victims are being abused can be challenging. Their symptoms, like confusion or difficulty speaking, can be mistakenly attributed to their medical condition rather than signs of abuse.

How can I know if there is abuse if I am not able to regularly visit my parent in a Lexington nursing home?

If you cannot visit your parent regularly, there are several steps you can take to monitor their well-being from afar:

• Schedule regular phone or video calls with your parent to observe their appearance, mood and surroundings.
• Communicate regularly with nursing home staff about your parents’ condition and care. Ask specific questions about their daily routine, behavior changes and overall health.
• Ask the nursing home for detailed records of your parent’s care, including medical reports and incident logs.
• Pay attention to signs of abuse, such as unexplained injuries, sudden weight loss, depression or fearfulness.

If you suspect abuse, it is wise to act promptly by seeking legal help. Our Lexington nursing home abuse lawyers can discuss the case with you and explore options.

Is it possible for an elder to develop Stockholm Syndrome with their abuser in a nursing home?

Yes, an elder can develop Stockholm Syndrome with their abuser in a nursing home. Stockholm Syndrome is a psychological response to victims of abuse developing emotional bonds with their abusers.

This can occur in nursing homes where the elderly might feel isolated and dependent on their caregivers. They might begin to sympathize with their abusers as a coping mechanism to endure their situation.

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.