How to File a Complaint Against a Nursing Home in Kentucky

Has your loved one displayed signs indicating they may have experienced abuse or neglect at the hands of staff at their nursing home? When your loved one becomes an abuse or neglect victim, your family may have the right to pursue complaints against the nursing home and its staff. This can help create a safer environment for your loved one, hold responsible parties accountable, and secure financial compensation for the financial, physical, and emotional harm your loved one has endured.

Recognizing the signs of nursing home abuse and neglect 

Families with loved ones residing in nursing homes should familiarize themselves with the common signs of abuse or neglect suffered by residents. Knowing what to look for if your loved one experiences abuse or neglect will alert you to the need to file a complaint against their nursing home. Common signs of nursing home abuse and neglect include:

• Unexplained injuries or frequent trips to the emergency room
• Delayed treatment or reporting of injuries or illnesses to family members
• Bruising, welts, or scars
• Non-compliance with medication
• Signs of restraint, such as heavy sedation or marks on the wrists and ankles
• Broken glasses or torn, disheveled clothing
• Caregivers refusing to allow family to spend time alone with the resident
• The resident expresses fear of family members leaving them in the nursing home
• A resident’s unwillingness to speak around staff members
• Unusual changes in behavior (which can resemble the onset of dementia), including mumbling, wandering, thumb-sucking, or rocking
• Depression or thoughts of dying
• Unexplained STDs or genital infections
• Dirty, unsanitary living conditions or inadequate heating or cooling
• Frequent falls without the implementation of a fall plan
• Frequent elopement from the nursing home facility
• Lack of a visible staff presence in the facility
• Changes in the resident’s finances or estate plan, including changes in the power of attorney or wills or unexplained changes to financial accounts
• Valuables that have gone missing from the resident’s room

Kentucky laws and regulations governing nursing homes

Kentucky law regulates nursing homes under Kentucky Revised Statutes Chapter 216, .510 through .597. These laws include a Bill of Rights for residents of nursing homes and other long-term care facilities, which includes the right for residents to air grievances and recommend changes in policies and services without fear of restraint, interference, discrimination, or reprisal. The law also prohibits the use of mental and physical abuse or the use of chemical and physical restraint except in emergencies and as justified in writing by a physician for limited periods.

Nursing home laws also require criminal background checks for employees and prohibit anyone listed as an abuser on the Kentucky Nurse Aide Registry from operating or working as an employee in a long-term care facility. The law allows state officials to cite long-term care facilities for violations of legal requirements, standards, and regulations. Facilities that fail to correct violations within the timeframe specified in the notice of violation may face financial penalties.

The complaint process in Kentucky

In Kentucky, family members or other loved ones of a nursing home resident may file a complaint with the state government if they believe the resident has become the victim of abuse or neglect in their nursing home. Families have several options for filing complaints in Kentucky. First, a family may file a complaint with the Kentucky Long-Term Care Ombudsman:

Kentucky Long-Term Care Ombudsman

Department of Aging and Independent Living

3138 Custer Drive, Suite 110

Lexington, KY 40517

The ombudsman program advocates for nursing home residents, sending a trained volunteer ombudsman to visit facilities, monitor conditions and care, and speak up for residents receiving substandard care. The ombudsman’s responsibilities include investigating and resolving complaints made by or on behalf of nursing home residents. An ombudsman will investigate a complaint to verify and document allegations of abuse or neglect. After completing their investigation, the ombudsman will explain legal options to residents and their families and can take actions authorized by residents or their families. An ombudsman may not disclose the identity of complainants without their consent or unless ordered to by the court.

Alternatively, a nursing home resident or their family may file a complaint with the Kentucky Division of Health Care, which oversees nursing homes and other long-term care facilities:

Kentucky Division of Health Care

275 E. Main St. 5E-A

Frankfort, KY 40621

Before pursuing a complaint with the state, families may lodge a complaint with the county Department for Community Based Services. After receiving a complaint, staff from a regional office of the Division of Health Care will investigate, often by conducting an unannounced inspection of the nursing home facility. State law prohibits any state official from notifying a long-term care facility of an upcoming state inspection.

Finally, in emergencies where a nursing home resident faces an imminent threat of harm due to abuse or neglect, family members can contact law enforcement to intervene and investigate. A family’s complaint to law enforcement may result in prosecution if investigators find sufficient evidence of a crime that involves abuse or neglect of a nursing home resident.

Additional steps for families

Whether or not a complaint to county or state officials results in corrective action against a nursing home facility for engaging in abuse or neglect of a resident, the resident’s family can take additional steps to advocate for their loved one’s rights and interests. For example, a family may file a lawsuit against a staff member or the nursing home operation for injuries and losses their loved one suffered due to abuse or neglect. A lawsuit may recover compensation for losses such as medical expenses, costs of transferring to another facility, pain and suffering, and lost quality of life. However, Kentucky’s statute of limitations imposes a one-year deadline for filing an injury lawsuit. As a result, families whose loved ones have suffered abuse or neglect in a nursing home should speak with an attorney as soon as possible.

Contact a nursing home abuse attorney today for help

If you believe a loved one has suffered abuse or neglect while residing in a nursing home, your family needs experienced legal guidance and advocacy. Contact Garcia & Artigliere today for a free consultation with a nursing home abuse and neglect lawyer to learn more about what to expect when filing a complaint against a nursing home in Kentucky.