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Articles Posted in Nursing Home Abuse & Neglect

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Kentucky and federal laws grant important rights to residents of Kentucky nursing homes, sometimes referred to as the Kentucky Residents’ Rights Act or the Nursing Home Bill of Rights. When a resident of a nursing home has suffered abuse or neglect, the rights guaranteed by these laws can be enforced by filing a lawsuit against the responsible nursing home. The law allows for the recovery of actual damages, including pain and suffering, as well as punitive damages, reasonable attorney fees, and costs incurred in bringing the lawsuit.

Attorneys at Varellas & Varellas have been representing clients in cases involving nursing home neglect and abuse, personal injuries, trucking accidents, motor vehicle collisions and medical malpractice for more than 40 years and we will be happy to talk with you about your concerns regarding possible mistreatment or neglect of a loved one in a nursing home. We can help you determine whether the rights of your family member or loved one have been violated or ignored. Kentucky law requires that the following rights of nursing home residents be protected:

  • The right to be fully informed of the rules and regulations of the facility as well as the rights of the resident
  • The right to privacy, to be treated with dignity and respect and to be suitably dressed at all times
  • The right to be free from physical and mental abuse, including verbal and sexual abuse and corporal punishment and involuntary seclusion
  • The right to be free from physical or chemical restraints not required to treat medical symptoms
  • The right to confidentiality and privacy, including visual privacy in shared rooms and in tub, shower and toilet rooms
  • The right to personal possessions and to receive or refuse visitors
  • The right to participate in the resident’s own care and creation and review of an individualized treatment plan
  • The right for the resident’s responsible party or family member to be notified immediately of changes in the resident’s condition including any accident, disease, unexplained absence, sudden illness or anything unusual
  • The right to review all inspection reports regarding the facility and the right to voice grievances without repercussions and meet privately with state inspectors

Contact experienced Kentucky trial attorneys at the Louisville and Lexington offices of Varellas & Varellas to discuss your concerns regarding a loved one’s treatment and care at a nursing home. Under Kentucky law, claims for nursing home abuse and neglect and violation of a resident’s rights must be brought within specified time limits so it is important to contact attorneys as soon as possible so that those deadlines can be met and the claims will not be lost. Contact us using our online form or by telephone at 877-634-1519.

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Due to the vulnerability of nursing home residents, Kentucky has enacted statutes aimed at protecting them from nursing home abuse and neglect. Kentucky law mandates in KRS 216.515 that all residents shall be free from mental and physical abuse, and they must be free from restraints by physical or chemical methods except in emergencies or other specific circumstances specified in writing by a physician.

Kentucky statutes further provide in KRS 216.515 that residents whose statutory rights are deprived or infringed upon shall have a cause of action against the facility responsible for the violation. In a lawsuit brought under the nursing home statutes, the nursing home resident or legal representative can recover actual and punitive damages for denial or infringement of the resident’s rights as well as attorney’s fees and the costs of the lawsuit.

In a suit brought photo_5255_20080312under the Kentucky nursing home statutes, a jury in Louisville awarded an $8 million verdict for nursing home abuse to the estate of a retired surgeon whose sustained broken bones while he was in the care of Treyton Oak Towers. Dr. Griffin’s legs were broken when he was improperly transferred from his chair to his bed and, due to a previous stroke, he was unable to tell anyone about the pain he was suffering. After his legs were broken, the staff put him back in bed and pretended it didn’t happen.

The nursing home initially denied any wrong doing and even tried to cover up the nursing home neglect that eventually led to the patient’s wrongful death less than two months later. There was also evidence presented that the nursing home was understaffed and failed to properly evaluate and train its staff. Continue reading

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65898_1597A Circuit Court jury in Lexington, Kentucky entered a verdict requiring Cambridge Place Nursing Home to pay more than $1 million to a resident who was neglected and severely injured in an equipment storage room. Irene Hendrix was in her late 80’s and had been diagnosed with Alzheimer’s disease when she had to be hospitalized due to the injuries she suffered. The doctors found that she suffered broken facial bones and bleeding in her brain.

The suit for abuse and neglect by the nursing home was brought by Hendrix’s daughter and her guardian against the owner of the nursing home and the management company. The nursing home denied negligence in the case but, after deliberating for about two hours, the jury awarded Hendrix $1 million for pain and suffering and awarded more than $27,000 for her medical costs.

Before the trial, investigations were conducted by the Cabinet for Health and Family Services and the Kentucky Attorney General’s Office. A state adult-protection worker found that Hendrix had been subjected to caretaker neglect, but the attorney general’s office determined that the injuries were caused by an accidental fall.

Our nursing home abuse and neglect attorneys have repeatedly seen the devastating injuries nursing home and long-term care residents can suffer as a result of abuse or neglect by the staff, attendants or medical providers to whom they have entrusted their care.  Due to the vulnerability of nursing home residents, Kentucky has enacted statutes aimed at protecting them from nursing home abuse and neglect. Kentucky law requires that, except in emergencies or except in limited circumstances justified in writing by a physician, residents must be free from any type of abuse including mental and physical abuse, and free from chemical and physical restraints. Continue reading