To put it bluntly, nursing home abuse turns the stomach, because there are few offenses worse than the abuse or neglect of some of society’s most vulnerable members. And yes, accounts of nursing home abuse related to us by our clients makes us angry. But it is an empowering anger, motivating us to fight with every weapon in our legal arsenal to ensure that justice is done.
When you suspect nursing home abuse, you have three priorities: (i) confirm that your suspicions are likely to be accurate (ii) ensure that the abuse is stopped immediately, by whatever means necessary and (iii) seek just compensation for all that your loved one has suffered. At Glenn Martin Hammond Law Office PLLC, we can help you with all three of these priorities, because we have done so many times over the last 20 years of practice.
What is the difference between a nursing home abuse claim and a medical malpractice claim?
In most nursing home abuse cases a medical malpractice claim is inappropriate, because most nursing home staff are not licensed medical professionals. Of course, if the abuse was perpetrated by a licensed healthcare professional such as a doctor providing medical care, a medical malpractice claim can and should be pursued.
Otherwise, the appropriate claim is an ordinary personal injury claim based on negligence or intentional misconduct. Although most nursing home staff lack the resources to pay personal injury or wrongful death compensation, the nursing home itself can usually be held liable for the misconduct of its employees.
Warning Signs of Nursing Home Abuse
A few of the many warning signs of nursing home abuse include:
- Bedsores (also known as decubitus ulcers or pressure ulcers)
- Poor personal hygiene
- Unexplained physical injuries
- Malnutrition
- Dehydration
- Slip and fall accidents
- Sudden personality changes
Of course, these signs are not conclusive evidence of nursing home abuse all by themselves — there could be other explanations. But they should put you on notice.
The Worst Case Scenario: Wrongful Death
The worst-case scenario, of course, is one that nobody really wants to think about — the death of your loved one because of nursing home abuse. But it sometimes happens nevertheless. When it does, you have two legal options that you can pursue at the same time — criminal prosecution of the perpetrators, should that turn out to be the appropriate response, and (ii) filing a wrongful death lawsuit.
A Kentucky wrongful death lawsuit is filed by the personal representative of your deceased loved one’s probate estate, usually a close family member appointed by the probate court. Large damages awards are common, and damages are distributed to (i) the estate itself, for funeral and burial expenses as well as legal expenses and (ii) surviving family members, in compensation for their intangible losses such as the care and companionship of their loved one.
Don’t Delay – Contact Us Today
If you suspect that your loved one is or has been experiencing nursing home abuse, the time to act is now, so that the abuse can be halted immediately. Call Glenn Martin Hammond Law Office PLLC at (866) 448-7777 or contact us online to schedule a free consultation. We serve clients throughout Lexington, Kentucky including Andover Hills, Eastland Parkway, South Broadway Park and elsewhere