Placing a loved one in a nursing home is one of the hardest decisions a family ever has to make. When choosing a nursing home, you hope that you’ll pick one that will treat your family member with the respect they deserve. However, nursing home abuse and neglect is a problem in facilities all across the country. If you believe your family member is suffering neglect or abuse in a home, let the Kentucky nursing home abuse lawyers at Gerling Law help.
Signs Your Loved One Is Being Abused or Neglected
Even the best-rated nursing homes can fail to meet a resident’s needs or cross the line into abusive behavior. There are multiple types of abuse to be aware of—physical, emotional, sexual, and financial.
Watching for potential warning signs of nursing home abuse and neglect can help you take swift action and ensure no further harm comes to your family member. Some of the most important warning signs to watch out for include:
- Unexplained injuries like bruises, lacerations, welts, or broken bones;
- Poor skin condition or bedsores indicating the resident hasn’t been moved;
- Major personality or behavioral changes;
- Dirty facilities or unsanitary room conditions;
- Dehydration or malnutrition; and
- Missing personal property or money.
Sometimes, the staff doesn’t have adequate supervision, and they do not monitor residents regularly. This neglect can lead to injuries or worse. If you suspect something is wrong, don’t be afraid to contact our nursing home neglect lawyers.
Nursing Home Regulations in Kentucky
Nursing homes in Kentucky must adhere to the state’s administrative laws. These laws fall under the Cabinet for Health and Family Services Department Health Title 902. Two separate cabinets handle different aspects of nursing home regulations.
The Kentucky Cabinet for Human Resources handles licensing requirements specific to structural alterations and maintenance for existing facilities. The Cabinet for Health Services deals with regulations pertaining to health services and facilities, including all licensing requirements for existing homes.
Federal law also monitors nursing home regulations and promulgates a residents’ bill of rights. Congress passed the Nursing Home Reform Act (NHRA) in 1987 to protect nursing home residents and improve the quality of nursing home care around the country.
There is also the Centers for Medicare and Medicaid Services (CMS), which is part of the federal government’s Department of Health and Human Services. A significant portion of Medicaid dollars goes toward covering nursing home care and services for both the elderly and the disabled. CMS also publishes regulations on long-term care facilities that help protect your family’s rights.
If you have concerns that your loved one’s nursing home is not following regulations, talking to the Kentucky Long-Term Care Ombudsman program is an excellent place to start.
Protecting Your Loved One’s Rights
Under the Nursing Home Reform Act, residents have certain rights in nursing homes across the country. One of these is the right to dignity, freedom, and respect. Eldercare workers should always treat residents with consideration. No resident should ever suffer physical or mental abuse, involuntary seclusion, corporal punishment, or other such indignities. They have a right to privacy, freedom from physical restraints, and more.
Family members who’ve suspected nursing home abuse in the past and not reported it aren’t helping protect their loved one’s rights. In fact, not reporting the alleged abuse could ultimately lead to further abuse or even your family member’s death. In extreme cases where a resident dies due to abuse or neglect, certain family members may have the right to file a wrongful death lawsuit against the nursing home facility.
Don’t attempt to handle a wrongful death lawsuit on your own. These are complicated claims to pursue. You want a lawyer for nursing home abuse who can get justice for your loved one.
Filing a Claim for Abuse or Neglect
Inadequate training, staff turnover, and stressful working conditions can all lead to abuse and neglect in nursing homes. Nursing homes must be held accountable for these continued problems. The first step to filing a claim is to meet with experienced nursing home abuse lawyers in Kentucky who know how this process works.
When you meet with Gerling Law, we will start compiling all relevant documentation on your family member’s nursing home and medical records. We will compare what is happening with all the regulations and practices and determine whether your case has any merit.
Choosing the right attorney is vital in a nursing home abuse and neglect case. Not all personal injury attorneys have the right kind of experience and resources to pursue a nursing home abuse case properly. You need someone who is aggressive yet compassionate. Choose an attorney who has nursing home abuse trial experience and who isn’t afraid to back down from the facility’s high-dollar defense counsel.
How Can Gerling Law Help?
If you are concerned that a family member is a victim of nursing home neglect or abuse, call our Kentucky nursing home abuse lawyers right away. This type of case can be time-consuming and complicated. You should be spending time with your loved one, not worried about how to fight against the nursing home facility. We are here for you and understand what a difficult time this is for you and your family. Our legal team is committed to protecting your rights and the rights of your loved one.We will fight for you to hold those responsible accountable for their negligence. Contact Gerling Law today to schedule a free, no-obligation consultation to speak with a skilled nursing home abuse and neglect lawyer. You need an attorney who can get results. You Need Gerling Law. Remember, Go with Experience. Go with Gerling.™