Louisville Nursing Home Abuse Lawyer

The decision to put your loved one into a nursing home is often not an easy one for anyone involved. However, when you make the choice, you expect that the facility will care for them and meet their needs. When they fail to do so, it can feel like a betrayal and leave you unsure how to keep your loved one safe.

If you find yourself in this situation, the team at Grossman Green is here to help you. Call us today at (502) 657-7100 to discuss your situation and determine the next steps.

Why choose Grossman Green?

When you conduct your initial search for a nursing home lawyer in Louisville, Kentucky, you are likely inundated with options. It can feel overwhelming to sift through all of the available information. Our law firm values clear and effective communication, and this is one of the many things that sets us apart:

• Individualized and consistent representation from start to finish: Many firms rely on support staff to manage communication, which can make it difficult to feel truly heard and kept updated. With Grossman Green, you will get to meet with an attorney from day one and continue working with the attorney through the end of your case.
• We are here to guide, not control: Your nursing home abuse case is just that, yours. Our Louisville, Kentucky, nursing home abuse attorneys are here to provide gentle guidance and give you the information you need to make an informed decision.
• Contingency fee structure: We know that it can get expensive and overwhelming to think about legal fees when you may already be drowning in medical and facility bills. This is why we take our cases on a contingency basis, meaning you only pay when we win.

We believe that everyone deserves real and individualized representation. Nursing home abuse can alter the lives of entire family units, and you deserve to have a lawyer who looks out for your interests and holds the responsible parties accountable.

Case results

We can discuss our goals and values, but that does not speak as loudly as results and lived experience. Some of our successful case results of note include clients who recovered $250,000 for an abuse case, $700,000 for a fall, and $350,000 for a resident who suffered burns in the bathtub.

The value of each case will vary greatly based on the details of the situation, but our results show that we are committed to fighting for you.

Client testimonials

What counts as nursing home abuse and neglect?

Kentucky law defines abuse of an adult as the infliction of physical pain, mental injury, or injury, and separately defines neglect and exploitation (KRS 209.020). In practice, what families encounter falls into four categories:

• Physical: Involves some kind of physical trauma or injury
• Sexual: Involves contact with the breasts or genitals, or nonconsensual contact for sexual gratification
• Emotional: This can include humiliation, isolation, name-calling, or threats
• Financial: Financial abuse in nursing homes can occur when a facility or caregiver requires the patient to pay for services that are already covered with room and board, pressures them for gifts or tips, or full-out theft.

While abuse is often an active action against a person, neglect can be equally dangerous. This often takes the form of inadequate supervision, failing to provide the necessary medical attention, or neglecting to provide the necessary nutrition.

What are the signs of nursing home abuse?

While the specific forms of abuse can greatly vary, the signs of nursing home abuse can be quite similar. One of the more general indicators that victims of nursing home abuse may show is a sudden shift in mood.

Your loved one may become more withdrawn, anxious, or angry. You may notice a change in their grooming or upkeep. They may also develop an aversion to a specific location or caregiver. You may also notice unexplained injuries like bruises or broken bones. If your loved one has been sexually abused, you may also notice an increase in urinary or pelvic issues.

In cases of financial abuse, you might notice suspicious withdrawals or bank activity, including changes to who is the beneficiary on accounts. This might also look like a sudden shift to poor financial management when they have historically been well managed.

Cases of neglect can be difficult to identify because it can take a while to become evident. Indicators can include bad hygiene, sudden weight loss, signs of malnutrition, or medical conditions that worsen unnecessarily.

What rights do Kentucky nursing home residents have?

According to Kentucky’s Residents’ Rights statute, nursing home residents have the right to pursue legal action when nursing homes violate their rights. These include:

• The resident should only be moved or discharged for reasons that relate to their medical needs, welfare considerations of themselves and other residents, and nonpayment. If this is necessary, the resident and their guardian must be notified with reasonable time.
• Residents should be encouraged and supported to exercise their rights, including the ability to file grievances within and outside of the facility.
• All residents have the right to be free from mental and physical abuse and from chemical and physical restraints. Restraints are permitted only in an emergency, or when a physician justifies them in writing for a specified period of time.
• Residents have the right to confidential medical treatment and privacy while showering, communicating with individuals of their choice, and time with their spouse if they are married.
• Residents should be permitted to participate in activities at their leisure and should not be required to perform chores or tasks for services outside of their treatment plan or independent living goals.
• All residents or their guardians have the right to choose their own physicians.

In addition to these, the statute provides residents with the right to keep their own clothing and personal items in most situations. You are also entitled to stay fully informed about your care or the care of your loved one.

Who can be held accountable for nursing home abuse?

Nursing home abuse is often a systemic failure. While you may encounter some instances where a single individual perpetrates abuse, and the facility immediately reacts appropriately, there are often several points of liability.

The most common sources we may investigate are the individual themselves, supervisors, and facility leadership. Kentucky nursing homes have a responsibility to appropriately staff the facilities and also to vet, train, and supervise their staff members. If we can show they have failed to do so, they may hold some liability for what happened.

What compensation can your family recover?

The available compensation can vary dramatically based on your specific situation. The exact number depends on the severity of the injuries, the facility’s ability to pay, and the strength of your case. Some of the damages we consider include:

• The cost of medical treatment for injuries
• The cost of finding or transferring to a new long-term care facility
• Pain and suffering
• Loss of consortium for surviving spouses

You can gain a better understanding of what you may expect by speaking with our nursing home abuse attorneys at Grossman Green.

How do you prove a nursing home abuse case?

The key to a convincing argument and a successful nursing home abuse case is evidence. Our team will typically investigate the situation for you to identify and help gather the necessary documentation. This can often include photos, medical records, witness statements, and employment records.

What should you do if you suspect abuse in Louisville?

Kentucky is one of the few states with universal mandatory-reporting laws. This means that any person with reason to suspect that a vulnerable adult is suffering abuse is required to report the concerns to Adult Protective Services or the LTC ombudsman. If you suspect your loved one is being abused,  document everything, get your loved one to safety, and call a law firm with experienced lawyers in Louisville.

How long do you have to file a nursing home abuse lawsuit in Kentucky?

Kentucky’s filing deadlines are among the shortest in the country, and more than one may apply to your family’s situation. Most abuse and neglect claims (the ones based on a physical or mental injury) must be filed within one year under KRS 413.140.

If your loved one has died, a wrongful death claim must be filed within one year of the personal representative’s appointment, but no longer than two years from the date of death (KRS 413.180).

One important limit: claims resting on KRS 216.515 may not survive the resident’s death, because the statute gives the action to the resident or their guardian. If your loved one has passed away, the type and timing of the claim matter a great deal. Call us before you assume it is too late.

Call our Louisville nursing home abuse lawyer today to get the support you need

When your trust is broken by an abusive nursing home, it can be difficult to know how to proceed. You want to keep your loved one safe and make sure the responsible parties are held accountable. Call Grossman Green PLLC today at (502) 657-7100, or you can contact us online to schedule a free consultation to discuss your options.

Frequently asked questions about nursing home abuse claims in Louisville

What’s the difference between nursing home abuse and neglect?

Nursing home abuse is typically a physical abuse that causes personal injury to your loved one. Neglect most often refers to a lack of action or provision that results in physical or emotional harm. In terms of a recovery, it does not matter if your loved one is hurt by abuse or neglect, Kentucky law recognizes that harm.

Who can file a lawsuit on behalf of a nursing home resident?

If the resident still has legal agency, they can pursue a lawsuit on their own behalf. However, individuals granted authority through a Power of Attorney and those holding guardianship or conservatorship may be eligible to file on the resident’s behalf.  If the resident dies, then the claim must be pursued through the Estate of the resident.

What if the harm was caused by another resident, not staff?

The facility is responsible for ensuring every resident’s safety. If another resident abused your loved one and the facility took appropriate action, you may not have grounds to pursue a lawsuit. However, if they were negligent in their duty to protect residents, the facility may still be liable.  It is important to explain the circumstances to a lawyer who can advise you about whether you have a claim under Kentucky law.

Should we report to the state before calling a lawyer?

Reporting is important—Kentucky law requires it immediately.  Reporting does not compromise your civil claim. In fact, the state’s investigation often generates records that strengthen it.