You expect the nursing home to treat your parent, grandparent, or other family member with care and dignity. If you’ve since learned that they were abused, neglected, or otherwise mistreated while in the care of a residential facility, Thomas Law Offices wants to help. A Louisville nursing home abuse lawyer will fight for justice on behalf of your loved one.
We provide completely free case evaluations to abuse victims and their families. Please contact us online or by phone to schedule your first meeting.
Table of Contents
Statistics: A Deeper Look at Elder Abuse
There is a silent epidemic of elder abuse in the United States. Just how widespread is this problem? Whether you realize it or not, someone you know or care about has probably been affected.
- From July 1, 2019, to June 30, 2020, Kentucky’s APS received 23,766 calls reporting abuse for people ages 60 and over—a nearly 12% increase from the year before.
- 20% of high-risk Medicare claims for emergency services filed by nursing home residents in 2016 indicated possible neglect or abuse.
- Rates of elder abuse are highest in long-term care facilities, including nursing homes.
- Women suffer higher rates of elder abuse than men.
- Every year, approximately 10% of people over the age of 65 will suffer one or more forms of elder abuse.
- Elder abuse is already underreported, but reporting rates are even lower in rural and tribal communities.
What Makes Some Nursing Homes So Unsafe?
If nursing homes, rehabilitation centers, and other long-term care facilities are supposed to be safe places for our loved ones to age in peace, why are abuse and neglect so pervasive?
There are a few factors that make nursing facilities the dangerous places that they so often are. These include:
- Widespread understaffing
- High turnover rates
- Lack of personal protective equipment (PPE)
- Aging or decaying facilities
We want to be clear—there is never an excuse for the abuse, neglect, or mistreatment of nursing home residents. Our intention is not to excuse abuse but to provide a deeper understanding of some of the factors that contribute to the exploitation of elderly people.
Workers in understaffed facilities may feel spread thin and overworked. These individuals may be more likely to rely on things like physical or chemical restraints, fear, intimidation, or bodily harm when caring for patients.
But we also know that a person intending to harm will do so wherever they are. A dangerous or abusive care worker will cause harm regardless of the facility they work in.
My Loved One Is in a Nursing Home—What Rights Are They Entitled To?
Every nursing home resident in Kentucky is entitled to certain rights. As outlined by the Nursing Home Ombudsmen Agency of the Bluegrass, Inc., these include the right to:
- Reasonable accommodations for your individual needs and preferences.
- Participate in community, religious, and social activities.
- Choose your own doctor.
- Privacy regarding medical treatment, personal care, accommodations, visits, and more.
- Be free from chemical or physical restraints used for staff convenience or as discipline.
- Be free from detainment against your will.
- Manage your financial affairs.
This is an incomplete list of all rights to which nursing home residents are entitled. If you believe your rights or the rights of a family member were violated, contact us today. We’ll help you fight for justice.
The Different Forms of Nursing Home Abuse
In most cases, nursing home abuse is broken down into four different categories. A victim may experience just one or multiple types of abuse at once. The four types of abuse are:
- Physical – Intentional physical harm committed against the victim, including hitting, kicking, biting, or physically restraining them.
- Emotional – Verbal abuse with the intent of causing emotional or mental distress, also called mental or psychological abuse.
- Sexual – Any unwanted sexual act or behavior, including rape, unwanted touching, or forced viewing of explicit materials.
- Financial – Financial exploitation can be fraud, stolen bank information or debit cards, or stolen valuable items.
Direct harm is not the only way that staff members may hurt residents. Neglect involves withholding necessary care or treatment and can be extremely dangerous. If your family member doesn’t appear to have access to nutritious meals, sanitary living conditions, adequate medical care, social opportunities, or anything else they need, it could be a sign of neglect.
Identifying Signs of Abuse and Neglect in Nursing Homes
Nursing home abuse is severely underreported. According to the National Council on Aging (NCOA), for every 24 cases of abuse, only one will ever be reported.
You are the best and most important line of defense between your loved one and an abusive environment. If you notice any concerning change in your parent’s or loved one’s behavior, don’t wait—make a report right away.
Also, be on the lookout for some of the most common signs of abuse and neglect in nursing homes:
- Unexplained injuries or broken bones
- Bruises, cuts, or welts
- Bedsores (pressure ulcers)
- Depression, anxiety, and other mental health concerns
- Reluctance to speak
- Worsening health or disabilities
- Signs of physical restraints (especially around the wrists or ankles)
- Sudden or unexplained mental decline
- Malnutrition or dehydration
- Rapid weight loss
- Missing clothing or personal items
- Broken or missing eyeglasses
- Repeated falls
- Strange or unexpected behavior
- New aversion or fear of being touched
- Dirty or unsanitary living conditions
- Dirty or unkempt appearance
- Repeated infections
- Sexually transmitted infections (STIs)
- Torn or bloody undergarments
- Evidence of heavy sedation (including napping for long periods or sleeping all day)
- Fear of specific staff member(s)
- Elopement (leaving the facility)
Never ignore any warning signs of abuse. If your loved one seems unwell or staff seems annoyed when you visit, make a report right away. Reach out to our team of Louisville nursing home abuse attorneys to learn about your family’s legal rights.
What To Do if You Suspect Nursing Home Staff Has Abused Your Loved One
You don’t need proof of abuse or neglect to take action. If you suspect that your loved one is being mistreated, neglected, abused, or harmed in their nursing home, you have the right to make a complaint or report.
You may bring your concerns directly to the nursing home facility, file a report with the appropriate agencies in Kentucky, or meet with a lawyer.
However, if you believe that the facility is mistreating your loved one, reporting directly to those in charge can potentially cause more harm than good. Your parent or grandparent could be subject to retaliatory abuse. If you cannot ensure their safety, avoid making a report with the nursing home. Instead, make a report to the appropriate agency and then secure the representation of an attorney.
How To Report Nursing Home Abuse and Neglect in Louisville
To report suspected or known nursing home abuse in Louisville, you can:
- Call Adult Protective Services (APS) at 1-800-752-6200
- Call the Office of the Attorney General’s Abuse Tip Line at 1-877-228-7384
- Contact a Complaint Coordinator with the Division of Health Care
- Call the Nursing Home Ombudsman Agency of the Bluegrass at 1-859-277-9215 or email your complaint to nhoa@ombuddy.org
Do not try to collect evidence before making a report. It is the responsibility of the above agencies to investigate and substantiate claims. Any time that you spend trying to find proof of abuse or neglect before making a complaint may leave your loved one in a dangerous situation for longer than necessary.
My Parent Was Abused in a Nursing Home—How Will a Lawyer Help My Family?
With the market size of the nursing home industry valued at $136.4 billion as of 2023, we should expect our loved ones to be treated with every ounce of the care, respect, and dignity they deserve. Instead, what we see time and time again is skilled nursing facilities and corporations prioritizing profits over people.
As nursing home abuse lawyers, we support Kentucky families by:
- Gathering, evaluating, and contextualizing evidence.
- Helping families understand their options, including legal actions and steps to move loved ones to safer facilities.
- Holding abusive staff and negligent facilities responsible for the harm they’ve caused residents.
- Providing a tireless support system to victims of abuse and their families.
The most important role that a lawyer will play is that of a steadfast legal advocate. When you file a nursing home abuse claim or lawsuit, you will be going up against a company that has the backing of teams of attorneys and a big insurance company.
A lawyer from Thomas Law Offices can provide the legal experience needed to secure justice in this type of highly complex legal claim.
What Evidence Is Needed to Prove Elder Abuse?
If you believe your loved one has been affected by nursing home abuse, you will need to substantiate your claims. These can include:
- Medical records: You will want to document injuries and obtain statements from healthcare professionals linking them to abuse or neglect.
- Photographic evidence: Make sure to capture images of injuries and unsanitary living conditions to visually support your claims.
- Witness testimony: Statements from family members, friends, or caregivers who have observed signs of abuse or neglect can add more credibility to your case.
- Financial records: For financial abuse, you must gather bank statements showing unauthorized transactions and any changes to legal documents like wills or powers of attorney.
- Care facility records: You may also want to obtain incident reports, staffing records, and state inspection results that could indicate previous violations.
- Expert testimony: Your case might need to involve medical experts or forensic accountants who can provide professional insight into the nature of injuries or financial exploitation.
- Surveillance footage: If available, you should collect security camera footage that can provide direct evidence of mistreatment.
All of this evidence is valuable in building a solid case. Contact our Louisville nursing home abuse lawyer to find out how we can assist with collecting and analyzing this evidence for your claim.
Compensation for Survivors of Elder Abuse and Nursing Home Neglect
No amount of money could ever undo what a victim of nursing home abuse or neglect has had to survive. What compensation can do, though, is:
- Cover medical bills related to injuries or worsened health conditions
- Facilitate moving to a safer facility
- Address long-lasting emotional and physical injuries
You or a loved one may be entitled to compensation for economic and noneconomic damages. Let’s look at the difference between these two:
- Economic damages – Refers to verifiable financial losses, including medical bills, moving facilities costs, and more.
- Noneconomic damages – Refers to non-monetary losses, including pain and suffering, mental anguish, humiliation, loss of enjoyment of life, and more.
Recovering compensation for our clients is about more than just covering direct financial losses. A successful settlement or verdict is a sign that justice has been served. When a nursing home, assisted-living facility, or long-term care facility is required to pay up, it’s a stark reminder that what they did was wrong and can never happen again.
Your Family Needs Help—Why Work with Thomas Law Offices?
Originally founded right here in Louisville, KY, Thomas Law Offices is a nationwide law firm with deep local roots.
We have a reputation for aggressively taking on the big insurance companies and doing everything necessary to ensure the best possible outcomes for our clients. When we take on an elder abuse or nursing home neglect case, we do so with the utmost care, dedication, and respect for those who have been harmed through no fault of their own.
Here’s what you can expect when working with Thomas Law Offices:
- A completely free case evaluation to determine if we’re the right lawyers for your case.
- A compassionate legal team sensitive to both your short- and long-term needs.
- Your lawyer will take over all communications and negotiations with the insurance company.
- Access to updates and important information regarding the status of your case.
We are passionate about what we do because we know that for many of our community members, nursing home care is the only viable option for aging loved ones. Every Kentucky senior resident is entitled to care that helps them live their final years in dignity.
Our experienced team of nursing home abuse attorneys represents clients who have been harmed while living in all types of long-term care facilities, including:
- Independent living apartments
- Supervised adult homes
- Enriched housing facilities
- Assisted living programs (ALPs)
- Continuing care retirement communities or facilities
- Rehabilitation centers
- Skilled nursing facilities (nursing homes)
Learn More During a Free Consultation with Our Louisville Nursing Home Abuse Lawyer
You’ve already got enough on your plate without worrying about how you will afford to learn about your legal options. Thomas Law Offices is honored to provide initial case evaluations free of charge.
As legal advocates within our local community, our goal is to ensure that every family in Louisville has access to timely and relevant legal information. This information should never come with a price tag.
Thomas Law Offices Fights for the Rights of Nursing Home Residents in Louisville
Thomas Law Offices is committed to making high-quality legal representation available to everyone in Louisville, regardless of financial resources. This is why we take many cases on a contingency fee basis.
As your legal team, we won’t collect any fees unless we win your case for you.
So, if you feel lost and don’t know where to turn, our Louisville nursing home abuse lawyer can help you and your family as you fight for justice. Contact us today to help set you on the path to healing.
Who We Are
Reviews
