Can I Sue a Nursing Home for Negligence in Kentucky? 2025

Putting a loved one in a nursing home is a big decision that is based on the hope that they will be treated with respect and given the right care. Negligence at nursing homes can result in serious mental and physical injuries. It’s critical to understand your legal rights and the procedures for seeking justice if you believe that your loved one has suffered as a result of such negligence. Consider reaching out to an attorney if you are asking, “Can I sue a nursing home for negligence in Kentucky?”

Nursing Home Negligence

Nursing home negligence happens when a nursing home facility does not provide the standard of care it should. This neglect can lead to harm or injury. There are many different forms of negligence. Some of these include:

• Medical neglect. This occurs when a facility fails to provide the proper medical care, including administering medications, paying attention to health concerns, or calling emergency medical services when needed.
• Failure to meet basic needs. This can involve them neglecting to provide adequate food and water, clean spaces, clothing, and comfortable shelter, such as appropriate temperatures and a place to sleep. This can also include personal hygiene neglect, such as bathing and grooming, a nursing home Infection Lawyer can help in such cases.
• Emotional neglect. This can include isolation, lack of social interaction, ignoring needs, withholding affection and encouragement, verbal assaults, and restricting familial visits. Emotional neglect can lead to depression, anxiety, cognitive decrease, and an overall diminished quality of life.

Legal Grounds for Nursing Home Negligence

In Kentucky, if you want to file a legal claim against a nursing home, you must prove that the nursing home failed to provide the standard level of care for which they are responsible. This is usually determined by analyzing how a similar facility would act in similar circumstances. It must also be proven that this neglect directly caused the pain, harm, or injury the resident suffered. The nursing home’s negligence must be a significant factor in the harm.

If the nursing home was significantly responsible for the harm the resident suffered, the resident or their loved ones may have grounds for a legal claim. This is where the help of a knowledgeable attorney becomes invaluable. They can analyze the facts and evidence of the situation to determine whether you have a strong case.

Nursing home negligence cases typically fall under personal injury cases. There is a one-year statute of limitations for filing a claim for negligence in a nursing home. This means that you have one year from the date the injury was discovered to file a claim. While a year may seem like adequate time, it is recommended to file the claim as soon as possible to account for any delays.

Proving Negligence

If you decide to file a claim, you will need to provide adequate evidence in order to have a strong case and have the optimal chance for a favorable outcome. Be sure to document everything, including dates, times, and detailed descriptions of any suspicious incidents.

Gather as much evidence as possible, including eyewitness statements from staff, people who observed the neglect, and other victims and their families. Medical records, professional testimony, and photographs of injuries and poor living conditions also can be strong evidentiary support.

Report the evidence to the appropriate institutions. There are entities that oversee nursing home regulations and can investigate the situation.

Do not forget to consult an attorney. They can gather additional evidence, inform you of the legal process, and assist you every step of the way.

Damages You Can Recover

In the event of nursing home negligence, you can recover damages from the offending party. You may first recover medical expenses that your loved one incurred as a result of the negligence, such as stays in the hospital, medications, and surgeries.

You may also recover damages for pain and suffering in Kentucky. This refers to any physical pain and emotional distress the resident suffered as a result of the neglect. This amount is determined based on the circumstances surrounding the case.

In cases of extreme gross negligence and egregious behavior, a resident may be awarded punitive damages. Punitive damages are meant to punish the offender for their wrongdoing and deter them from doing so again.

FAQs

How Do You Prove Nursing Home Negligence?

To prove nursing home negligence, you must show that the facility’s failure to provide appropriate care caused the harm. This includes collecting witness accounts, testimony from professionals, medical records, and photos of injuries or dangerous situations. A case may also be strengthened by proof of prior infractions, inadequate training, or understaffing. A knowledgeable lawyer can assist in proving a clear connection between the resident’s injuries and the negligence.

What Is Nursing Home Negligence?

Negligence in nursing homes occurs when a facility does not provide residents with the expected level of care, causing injury or harm. Medical neglect, failure to avoid falls, poor cleanliness, dehydration, starvation, prescription errors, and emotional neglect are a few examples. The nursing home could face legal consequences if a resident suffers as a result of receiving below-standard care.

Can I File a Claim Against a Nursing Home for Neglect?

Yes, you can file a claim against a nursing home for neglect. If your loved one suffered harm or injury as a result of the nursing home’s direct actions, you may have grounds for a legal claim. You must prove that the nursing home failed to perform a reasonable standard of care and that the breach of care directly caused your loved one harm.

What Are Some Signs of Nursing Home Negligence?

Some signs of nursing home negligence include weight loss, bedsores, elopement, infection, unclean living spaces, poor hygiene, emotional withdrawal, changes in behavior, and complaints from the resident. If you are concerned that your loved one is suffering negligence at a nursing home, you can look for these signs and investigate further.

Get Legal Help for Nursing Home Negligence Cases

If your loved one is showing signs of nursing home negligence, an attorney can help you investigate the situation and make a claim against the responsible party. Pleasant Law, PLLC can help. Contact us today to get started.