Louisville Nursing Home Abuse Attorney

Abuse affects nursing home residents in many ways. With help from a Louisville nursing home abuse attorney, you are well-equipped to take legal action against any at-fault parties. Your lawyer can work with you to pursue damages for different mistreatment, including:

Physical Abuse

Nursing home staff can neglect a resident or intentionally hurt them. In these situations, and many others, the resident is subject to abuse. By partnering with a nursing home abuse lawyer in Louisville, a victims like you can take the first step to protect themselves and others from further physical harm.

Emotional Abuse

In a long-term care facility, abusive staff members may shame, threaten, or humiliate a resident.

These and other actions are completely unacceptable under any circumstance. An attorney can represent your resident loved one in a nursing home neglect and abuse case against any liable parties.

Financial Abuse

An elder living in a care facility may give a staff member or someone else access to their bank accounts because they believe the party they’re entrusting access to will act in their best interests. Sadly, these employees have been known to abuse this trust, and legal help may be needed to deal with the problem and seek compensation for losses.

The National Council on Aging reports that “the annual loss by victims of financial abuse is estimated to be at least $36.5 billion.”

Sexual Abuse

Sexual abuse in nursing homes refers to any non-consensual sexual contact or behavior directed toward a resident.

Sexual abuse can take various forms, including but not limited to:

• Unwanted Touching: Any inappropriate physical contact without consent.
• Sexual Harassment: Verbal or non-verbal advances, comments, or gestures of a sexual nature.
• Assault or Rape: Forced sexual acts or penetration.
• Exploitation: Forcing or coercing a resident to perform or participate in sexual acts.
• Exposure: Displaying pornography or exposing oneself to a resident against their will.

Sex abuse ranges in terms of severity. Regardless, all forms of sexual abuse should be reported immediately.

Many abuse victims are afraid or ashamed to report their harm to their loved ones and others. So, it’s important to remain vigilant and watchful for signs of mistreatment.

Common signs of abuse include:

• Unintentional or sudden weight loss
• Bedsores
• Bruising
• Poor personal hygiene
• Unusual agitation
• Aggressive behavior
• Burn marks
• Unanticipated financial strain
• Sudden withdrawal from friendships or favorite pastimes

A Louisville nursing home abuse lawyer like ours understands common types of mistreatment that occur in long-term care facilities and can educate both victims like you and your family about the types of abuse in nursing homes and how to hold liable parties accountable for their actions by filing a lawsuit.

Don’t wait to report a nursing home that is allowing abuse to occur. A Louisville attorney can explain the steps required to notify the authorities about this and other health and safety issues. In addition to contacting the police, here are things to protect yourself and others from living facilities that may be harming residents:

File a Formal Complaint

The Kentucky Cabinet for Health and Family Services (CHFS) Division of Health Care investigates complaints relating to abuse, exploitation, and similar issues. Your complaint should include evidence and witness information, which will help agency officials perform a thorough investigation.

The Kentucky Office of the Attorney General provides detailed information on where and how to file an official complaint. As your lawyer will advise you, it’s vitally important to file an official complaint to get it on the record.

Get Medical Care

Go to a doctor who can evaluate and treat you or your loved one’s injuries. Receive ongoing medical care, which can help prevent your injuries from getting any worse. As you do, keep track of your medical bills, as you can use these as proof to support your claim.

Gather Evidence

Medical records, witness statements, and other forms of proof may help you get compensation from an at-fault party. Each piece of evidence you collect can help you build a body of proof. If you have an abundance of evidence, you can make it clear to a judge or jury that you deserve damages.

In addition to the documentation of the actual abuse, you can also find supporting evidence of a pattern of negligence. The KY CHFS Division of Health Care publishes its investigation findings in annual reports.

Meet With a Lawyer

If you or a loved one is a victim of nursing home abuse and neglect, an attorney can assist you and your family. It may be difficult to discuss your case, but doing so can help you stop a nursing home staff member or another liable party from committing future hurtful acts. With a legal team at your side, you have nothing to worry about moving forward.

Per Kentucky Revised Statute § 413.140, the statute of limitations for injury claims is one year.

If you want to pursue damages due to a nursing home neglect or abuse injury, you have up to one year from the date of the injury to do so. After this window lapses, you may be ineligible for damages.

Nursing home facilities and other liable parties may try to deny liability for what happened. Even if they don’t, they may make a low-ball offer as a settlement. It may be necessary to take your case to trial to aid you in securing the compensation you deserve.

The sooner our Louisville nursing home abuse lawyer in our office evaluates your case, the quicker they can help you begin exploring your legal options. So, get in touch with us today to review what happened to you and what your rights are.

The responsible party may have to pay you economic and non-economic damages for respective losses you can quantify, as well as any subjective harm you suffered. These damages can be used to pay for:

• Medical Expenses: Physical injuries can affect you or your loved one for the rest of their life. As the injuries are treated, your medication expenses and other medical costs will escalate. Fortunately, you can ask any negligent parties to cover your costs for physical therapy, rehabilitation, and other short- and long-term treatments.
• Pain and Suffering: Abusive behavior can cause pain and suffering that is difficult to measure. Your lawyer understands the types of nursing home neglect and abuse, along with the trauma that victims can experience. They can help you calculate your pain and suffering losses and put you in a strong position to secure fair compensation for them.
• Loss of Enjoyment of Life: Unexplained injuries can impact cognition, mobility, and emotional states. They can also make it difficult to enjoy your life and relationships to the fullest extent. With dedicated legal representation, you can pursue compensation relating to the loss of enjoyment of life that follows you or your loved one’s abuse and neglect.

To get these and other damages, you must show how your nursing facility or other liable parties were fully responsible for you or your loved one’s injuries.

Your Louisville nursing home abuse lawyer can help you craft a compelling argument.

Getting proper care is one of the best things you can do in the aftermath of your or your loved one’s abuse or neglect. Meanwhile, your lawyer can negotiate a settlement on your behalf. If your attorney receives an offer, they will let you know.

Nursing home abuse claims are often settled outside the courtroom. If the defendant in your case proposes a settlement, you have the opportunity to review it with your lawyer. Doing so can help you evaluate a proposal’s pros and cons and make an informed decision about it.

Your Louisville nursing home abuse attorney wants you to get compensation for your emotional harm and other losses you’ve incurred.

If a settlement is less than what you deserve, your lawyer will tell you. With a settlement offer, you have the final say on whether to approve or decline it.

Senior citizens deserve to live their golden years surrounded by safety, security, and comfort. When those we trust to ensure the well-being of our elderly loved ones fail to fulfill their obligations, swift action is required. If you’re concerned about signs of nursing home abuse and neglect, a personal injury attorney can help.

At McCoy & Hiestand, PLC, our nursing home abuse attorneys can help with your injury case and fight to pursue the maximum compensation possible.

Every senior deserves the best possible care during their later years. If you or a loved one were harmed, abused, or neglected by a care facility, a Louisville nursing home abuse lawyer on our team is here to help. We are a fiercely dedicated group of lawyers who are prepared to hold abusive caregivers fully accountable for their actions.

Contact us today to get started.