Failure to Seek Proper Medical Evaluation in Lexington, KY Nursing Homes

Most residents in a nursing home require some level of regular care and medical attention to ensure they stay safe and healthy as they continue to age. The nursing home is obligated to provide a certain standard of care, which involves monitoring its residents’ health conditions and reporting any changes to the appropriate medical authorities.

Failure to seek proper medical evaluation in Lexington, KY, nursing homes can lead to worsening conditions or even death for their residents. If you have an elderly loved one whose health is declining or who has unfortunately passed away, you have the right to hold the nursing home accountable if their actions were responsible for the change in their condition.

What Does It Mean for a Nursing Home to Fail to Seek Medical Evaluation for a Resident?

There are approximately 21,056 residents in Kentucky nursing homes, and they deserve to feel comfortable, respected, and safe. Unfortunately, some nursing homes are less trustworthy when it comes to caring for elderly adults, and their poor decisions can cause dangerous – if not fatal – consequences for their residents.

One common issue residents can face in Kentucky is a nursing home not providing them with the right level of care or medical attention. A nursing home’s failure to seek proper medical evaluation is a form of abuse and neglect, and they can be held liable for any negative effects caused by their actions or inaction.

Nursing homes are legally responsible for the care of their residents, which includes regular health checkups and seeking medical evaluation when an issue arises. Whether it’s due to neglect or malicious intent that causes a nursing home to fail to provide that level of care to its residents, the behavior is unacceptable and, more importantly, illegal.

Consequences of Failing to Seek Medical Attention

Failing to seek medical attention for residents in nursing homes can lead to any number of harmful conditions, including:

• Added pain and suffering
• Decline in physical and mental health
• Extended recovery times
• Increased medical bills
• Loss of quality of life

Nursing homes can fail to do medical evaluations because they fail to assess, chart, monitor, and report changes in a resident’s condition. This inattention can make it difficult to recognize a resident’s symptoms over time, leading to an underlying illness or injury going unnoticed for extended periods of time.

Many times, this can be due to understaffing, which seems to be an ongoing problem in Kentucky. According to the Kentucky Association of Health Care Facilities (KAHCF) and the Kentucky Center for Assisted Living (KCAL), there are about 3,000 open positions in long-term care facilities in Kentucky right now. With approximately 269 nursing homes throughout the state, this leaves a high volume of vacancies in important positions. As staffing shortages continue, reports of nursing home abuse and neglect have risen across the country. The National Center on Elder Abuse notes a growing trend in reported abuse cases, with neglect—such as failure to provide timely medical care—being among the most common. Under the Kentucky Bill of Rights for Residents of Long-Term Care Facilities, every resident has the right to receive adequate and appropriate medical care. This includes prompt attention to changes in health conditions, the right to participate in decisions regarding their treatment, and the right to be free from abuse and neglect. When facilities fail to meet these legal obligations, they may be held accountable for violating a resident’s rights.

What Can I Do About Nursing Home Abuse and Neglect in Kentucky?

If you suspect your elderly loved one’s worsening condition or their death was due to their nursing home’s failure to seek medical care for them, you can file a claim against them. It’s important to document any worsening conditions and other signs and to gather as much relevant evidence as possible. A Kentucky nursing home abuse lawyer can help build your case and support it with key evidence.

The Kentucky Cabinet for Health and Family Services’ Division of Health Care typically investigates nursing home claims. You can file your claim with them via mail or telephone. You can expect a State Survey Agency and any appropriate authorities to conduct an investigation into the claims and reach a verdict. After you file your claim, it’s wise to contact the investigating agency and request summaries of their findings.

As a part of the claims process, you’ll likely enter negotiations with the nursing home’s insurance company to reach a settlement agreement. If you’re unable to do so, you can file with the appropriate Kentucky Circuit Court to seek compensation through litigation.

Typically, you must file your claim within one year of the incident occurring to be able to seek legal recourse, even if the incident resulted in the death of the resident. Whether you reach a settlement in negotiations or take a case to trial, working with a skilled attorney can be beneficial for securing the compensation you deserve.

FAQs

Can a Nurse File a Case Against a Nursing Home in Lexington?

Yes, if a nurse suspects a resident of a nursing home is experiencing abuse, exploitation, or negligence, they have the right to file a case against them. In fact, Kentucky law requires reporting these incidents to the authorities to ensure the safety of the residents. If the nurse works at the accused nursing home, retaliation laws protect them against punishment from their employer.

What Damages Can I Recover in a Nursing Home Negligence Case in Lexington?

If you file a claim against a nursing home for negligence and win the case, you can recover past, present, and future damages – both economic and non-economic. Economic damages include reimbursement for costs you incurred due to the negligence, including custodial care, loss of income and future earning potential, medical bills, and more. Non-economic damages encompass things like emotional distress, pain, and suffering.

Do I Need to Hire a Lexington Nursing Home Negligence Lawyer?

You are not legally required to work with an attorney when you file a claim against a nursing home. However, it is highly recommended. Most, if not all, long-term care facilities have their own legal representation that is ready to fight on their behalf, and navigating the legal process can be challenging if you’re going through it on your own. A Lexington nursing home negligence lawyer can help build your case and secure maximum compensation.

What’s the Difference Between Nursing Home Abuse and Negligence in Lexington?

Nursing home abuse and negligence are closely related to one another and often overlap depending on the incident that has occurred. Nursing home abuse refers to deliberately causing a resident harm, while negligence refers to the failure to provide an adequate level of care, resulting in harm to the resident. Essentially, the main difference between the two can be boiled down to intent.

Discuss Your Case With a Kentucky Nursing Home Negligence Lawyer Today

Dealing with the aftermath of a nursing home abuse incident can be stressful and overwhelming. A skilled Kentucky attorney at Pleasant Law, PLLC, can offer you personalized legal advice that’s tailored to your situation and answer any questions you may have as you navigate your case. Reach out to set up an appointment with our team to talk about your legal options today.