Nursing Home Cases Are Not All The Same

Did you know there are many different types of nursing home abuse and neglect in Kentucky nursing homes? Just as there are many different law firms that handle nursing home abuse or neglect cases, there are different types of cases of neglect.  Types of abuse and neglect can include physical abuse, sexual abuse, financial abuse, bedsores, malnutrition, falls, medication errors, bruising, infections including UTIs, intimidation, isolation, dehydration, and loss of mobility.  While cases involving each injury are “nursing home” cases, they are each different in the knowledge, skill, and methodology needed to prosecute a successful case.  Bedsores, for example, often stem from an institutional lack of staffing at the nursing home, resulting in the failure to turn patients as required; while physical assault cases stem from employees that were hired and retained that should not have been, or other residents with known behaviors. 

Nursing home cases are not “medical malpractice” cases.  In fact, they are very, very different from medical malpractice cases.  While there are injuries and medical components involved in nursing home abuse and neglect cases, the root of the injury is typically not a medical error. What we have found in nursing home cases over the years is there are institutional, financial, or other outside practices that result in the injuries over time.  Understaffing is one example.  There are numerous state and federal laws and regulations governing nursing homes, and a familiarity with them is required for lawyers handling nursing home abuse or neglect cases. 

If you believe your loved one has been abused or neglected in a nursing home, you could do several things.  You could contact a lawyer to potentially bring a claim on behalf of your loved one and the family.  You can call Adult Protective Services at 1-800-752-6200; the Kentucky Office of Inspector General at 502-564-7963; or the Office of Attorney General at 1-877-ABUSE-TIP.  Finally, you could contact the long-term care Ombudsman at 1-800-372-2991.  Ombudsmen identify, investigate, and work to resolve residents’ concerns.  They are generally aware of facilities’ histories of care and compliance with state and federal regulations.  Documenting and photographing injuries is also essential.