Grounds Legal Action Nursing Home Abuse

July 25, 2019

By Grossman Green PLLC

After reaching an advanced age, many elders in Kentucky and elsewhere move into a nursing home in order to make sure that they receive the care that is needed in that age. While these facilities are meant to provide the care that those people need, incidents of abuse and neglect at nursing home, both physically and mentally, is common. To make matters worse, there have been many instances when the abuse and neglect has been identified as intentional.

As of today, there will be many Louisville residents who have either dealt with nursing home abuse and neglect themselves or heard about it from family and friends. While the stories are horrifying, the good news is that elders and families can hold a nursing home liable for abuse and negligence, in the event of any harm that is caused to the nursing home resident.

Some of the more common grounds on which legal action can be brought against nursing homes include elder abuse; elder neglect; improper confinement; violation of nursing home regulations; violation of criminal laws; poor maintenance; and general misadministration of the facility. One or more of these can be the grounds for bringing one or a set of civil actions against the nursing home.

Once a complaint is filed, there are generally three different types of proceedings that can begin; sometimes, one at a time and sometimes in tandem. Those proceedings include investigations by an authorized agency, which will provide immediate relief to the nursing home resident; a civil cause of action for recovering compensation for the damages inflicted; and even a criminal prosecution, which would make sure that those guilty of nursing home abuse and neglect are punished adequately.

Bringing legal action against a nursing home, however, is often a daunting task for elders and families. Sometimes, it is due to the exhaustion caused by mental and physical harassment that they have already suffered, and sometimes, it is because of their limited knowledge and understanding of the legal options.