Placing an elderly loved one in a nursing home is not an easy decision to make. It is often made out of empathy and necessity. Family members are often unable to provide the full-time care that your loved one may require. You put a great deal of trust in nursing homes to do the right thing and take care of the people you care about. When that trust is broken, and your loved one is abused, you deserve justice. A skilled Lexington nursing home abuse lawyer from Pleasant Law, PLLC can help you with your case.
When you decide to take legal action against the facility that caused your loved one so much pain, including issues like bedsores, the first thing you should always do is reach out to an experienced nursing home abuse lawyer. Having someone by your side who understands the complexities of these cases and can provide you with quality legal advice can only benefit you in the long run. Proving elder abuse, including the presence of bedsores, is not always so simple, but a good lawyer can guide you in the right direction.
When you discover that your elderly loved one is being abused in some way, your first instinct may be to blame their doctor or the orderly who takes care of them. That’s understandable, but your case may not be that simple. It is vital that you and your lawyer launch an independent investigation into the abuse so you can uncover the truth about what happened and find out specifically who to pursue legal action against in a civil case. It may be the entire facility that is at fault.
Failure to recognize signs of elder abuse from orderlies, nurses, and doctors alike is not a strong enough reason for nursing homes to try and use to divert blame. If your loved one has suffered nursing home abuse or you are a nursing home abuse survivor yourself, you should consider seeking legal action against the ones who hurt you as well as the ones who allowed undeterred abuse to happen. An experienced lawyer can help you build a strong case.
Building a strong case for nursing home abuse is not going to be easy. You may encounter a lot of roadblocks and setbacks, but your lawyer can help you overcome those. To begin your case, you need to recognize and abide by the state of Kentucky’s statute of limitations for personal injury claims, which includes nursing home abuse claims. Generally, you are only given one year from the date you discover the abuse to build a strong enough case to hold up in civil court.
In that year, you have to speak with a nursing home abuse lawyer, establish adequate grounds for your legal claim, develop a solid case, gather as much evidence as you can find, and ultimately file a claim for compensatory damages. This is especially important considering the rising nursing home abuse statistics, which highlight the increasing incidents of abuse in these facilities. If you are not able to file your claim before a year has passed, there is a very strong likelihood that your claim will be dismissed. Kentucky has a very strict one-year deadline for personal injury claims. There are some exceptions to the rule, but very few.
There are multiple kinds of nursing home abuse that can happen beyond physical attacks. Every form of nursing home abuse can result in permanent psychological damage, feelings of mistrust, and anxiety. Nursing home abuse can be insulting, painful, emotionally scarring, and degrading for the victims. In extreme cases, such as nursing home wrongful death, the consequences of abuse can be fatal. If you uncover evidence of nursing home abuse, you should report it immediately. Here are some different forms that nursing home abuse can take:
The primary difference between abuse and neglect, at least in a nursing home setting in Lexington, Kentucky, is intent. Abuse is intentional, while neglect is often passive and forgetful. If you are abusing somebody, you are actively trying to cause them pain. If you are neglecting someone, you may not even be aware that you are causing them pain or mistreatment. Both forms of behavior are unacceptable in a nursing home and could lead to legal action in Lexington, Kentucky.
If you want to know if your elderly loved one is being abused in their nursing home, there are certain telltale signs you can look for that might point to abuse. If your loved one has bedsores, that could likely mean they are being neglected by the staff and have not been bathed or even moved for some time. If your loved one appears malnourished, it could be because somebody is withholding food from them.
Nursing home patients in Kentucky have the same rights as any other American, such as the right to make their own informed decisions and be free from any kind of discrimination. Additionally, they have the right to quality medical care, privacy, and dignity. When they are abused, all of these rights are infringed upon.
When you pursue a legal case for nursing home abuse, you need to be able to prove that the abuse has taken place. The way you do that is by gathering evidence, which can be easier said than done. Obtaining your loved one’s medical records and the nursing home’s records can be a good place to start. Gathering witness statements and photographs of injuries can be a considerable help as well.
The legal team at Pleasant Law, PLLC can help you fight for justice and hold the right people accountable. Contact us to speak with someone about your case.