Has your loved one experienced nursing home abuse in or near Bowling Green, Kentucky? If so, they may have a right to financial compensation. Speak with a Bowling Green nursing home abuse attorney to learn more about your options. Call Minner Vines Injury Lawyers, PLLC, at (859) 550-2900 today for a free consultation.
At Minner Vines Injury Lawyers, PLLC, we thoroughly understand you may be upset, angry, and overwhelmed upon discovering that a family member sustained harm in a nursing home. One of the best steps you can take to make up for your loved one’s experiences is to help them pursue the compensation they deserve.
A Bowling Green personal injury lawyer can help. Our compassionate team will offer the representation your loved one needs right now. Find out more about how we can help by contacting us today for a free case review.
Nursing Home Abuse: The Numbers
It’s not clear exactly how prevalent nursing home abuse is in the U.S. This may be partially due to many instances of nursing home abuse going unreported.
A 2021 paper from the journal Cureus sheds some light on the subject. Researchers who studied the data found approximately 10 percent of Americans over 65 have experienced some form of elder abuse. Other points the researchers cite include:
- According to one survey, 40 percent of nursing home staff members admit to engaging in psychological abuse of residents at least once in a 12-month period.
- A survey of over two thousand nursing home residents indicates that approximately 44 percent have experienced abuse themselves. According to that survey, 95 percent of residents have experienced neglect or witnessed other residents experiencing neglect.
- About 90 percent of nursing homes throughout the nation are understaffed.
Nursing home abuse may also become increasingly prevalent as more Americans live longer.
What Constitutes Nursing Home Abuse in Kentucky?
Nursing home abuse takes many forms. Common categories of nursing home abuse include:
- Physical abuse – Physical abuse can involve hitting, pinching, kicking, or otherwise directly physically harming residents. Research indicates this is the most common form of nursing home abuse.
- Sexual abuse – Sexual abuse involves engaging in nonconsensual sexual contact with nursing home residents. Many nursing home residents may be unable to properly consent to sexual contact due to cognitive limitations. Thus, even if a resident technically lets a staff member touch them sexually, the incident may still constitute abuse.
- Financial abuse – Nursing home staff members may take advantage of residents by convincing them to give them money or by getting the resident to add the person to their checking account. A staff member could take a resident’s credit cards or open credit accounts in their name without their knowledge or permission. In other instances, financial abuse involves directly stealing property or cash from residents without their knowledge.
- Psychological/emotional abuse – Many actions and behaviors could qualify as psychological abuse. Swearing at residents, calling them names, or otherwise verbally mistreating them are common examples of psychological abuse in nursing homes. Isolating residents from others is another common form of nursing home psychological abuse.
- General neglect – Nursing home abuse doesn’t need to involve direct mistreatment. It can involve ignoring a resident’s needs. For example, nursing home staff members may neglect to feed a resident or provide them with medication, etc.
Resident-to-resident abuse is another form of nursing home abuse that occurs in 22 percent of cases, according to the researchers behind the Cureus paper. If one resident has the opportunity to abuse another, it might indicate nursing home staff have been negligent or neglectful.
What Are Common Signs of Nursing Home Abuse?
Nursing home residents don’t always tell others when they experience abuse. Reasons why could include:
- Not remembering the abuse occurred
- Lacking the cognitive abilities to understand that what they experienced constitutes abuse
- Fear of retaliation
Loved ones of nursing home residents may need to monitor them for signs of neglect and abuse. Common signs of physical abuse among nursing home residents include:
- Unexplained injuries
- Bruises and scars
- Marks around wrists, ankles, or other areas that might indicate someone has forcefully restrained a resident
Signs someone may be sexually abusing a nursing home resident are:
- Bruising near the genitals and other sexual areas of the body
- STDs
- Damaged undergarments
- Vaginal or anal bleeding
Potential signs of financial abuse or exploitation include:
- Unexplained bank account withdrawals
- Withdrawals a resident couldn’t have made themselves (such as an ATM withdrawal when a resident is unable to access an ATM)
- Loss of cash, credit cards, valuable items, etc.
Common signs of psychological and/or emotional abuse include:
- Changes in mood
- Irritation or agitation
- Fear of particular staff members or other residents
- Mumbling or other behaviors that may resemble the early signs of dementia
Signs of neglect are:
- Extreme changes in weight, which can include adding a lot of weight in a short span of time
- Bedsores
- Frequent illnesses
- Unsanitary or dangerous living conditions
There are also certain general signs of abuse to look out for when visiting a loved one in a nursing home. For example, caregivers may not even allow a loved one to be alone with visitors, perhaps fearing they’ll talk about their experiences.
What to Do if You Suspect Nursing Home Abuse is Occurring in Kentucky
Speak with your loved one if you believe they may be the victim of abuse. They might be willing to discuss the topic once someone brings it up. If you have strong reason to believe someone is in immediate danger, call 911.
A loved one stating they have not experienced abuse isn’t confirmation that abuse or neglect has not occurred. If you still think your loved one may be the victim of nursing home abuse, call Kentucky’s Adult Protection Branch of the Department of Health and Family Services at (800) 752-6200 to report your concerns.
Meet with a seasoned nursing home abuse lawyer before you confront the nursing home. Professionals at a Bowling Green, KY, nursing home abuse law firm may help you pursue legal action.
How Can a Bowling Green Nursing Home Abuse Lawyer Help?
Your loved one may be eligible for financial compensation if nursing home abuse has occurred. By filing a claim with the nursing home’s insurance company, you can seek compensation for such losses as:
- Medical expenses
- The cost of therapy, rehabilitation, or other necessary services
- Loss of property
- Pain and suffering
- Emotional distress
A Bowling Green, KY, nursing home abuse attorney may help you in these circumstances by:
- Reviewing your case – You may not know your legal options when nursing home abuse occurs. A lawyer can review your case and explain potential next steps.
- Investigating – You’ll likely have to show evidence of abuse or neglect when filing a claim. Gathering this evidence might require investigating your loved one’s case. An attorney can conduct a thorough investigation on your behalf.
- Determining proper compensation – The insurance company may explain all the losses for which your loved one may deserve compensation. An attorney familiar with the law can ensure you pursue all the compensation a loved one is entitled to. However, no lawyer can ethically guarantee an exact payout.
- Submitting your claim – Completing paperwork and submitting a thorough claim with documentation of losses and evidence of abuse or neglect is a time-consuming process. Relieve yourself of some burdens now by hiring a lawyer to handle these administrative tasks.
- Negotiating – Insurance companies often try to minimize payouts. Their goal is to pay as little as possible. If an insurer tries to lowball you and your loved one, an attorney can negotiate for a fair settlement.
A lawyer can also determine whether going to trial is necessary. Pursuing damages in court may be your best option if an insurer refuses to negotiate.
Can I Afford a Bowling Green Nursing Home Abuse Attorney?
Yes. Our firm works on a contingency fee basis.
A contingency fee is a fee you pay only if you receive compensation. Instead of charging upfront fees for our legal services, we’ll take our fee as a percentage of the compensation you receive. You don’t have to pay for our services unless we get compensation for you.
How Long Do I Have to File a Nursing Home Abuse Lawsuit in Kentucky?
Under Kentucky law, you have one year from the time nursing home abuse occurred (or you became aware of the abuse) to file a nursing home abuse lawsuit.
Don’t wait to take legal action. You may forfeit your right to pursue the compensation your loved one deserves if you fail to take legal action by the deadline.
Contact a Bowling Green Nursing Home Abuse Lawyer
Learning that a loved one experienced abuse in a nursing home is a painful experience for all involved. Seeking compensation is one way to begin moving forward from this experience. Holding a nursing home accountable for abuse and neglect may also protect other residents from experiencing similar abuse in the future.
We at Minner Vines Injury Lawyers, PLLC can help. Our Bowling Green, KY, nursing home abuse lawyers are prepared to help you see that justice is served. Learn more by contacting us online or calling us at (270) 517-2014 for a free case review.