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Kentucky Nursing Home Physical Abuse Lawyers
Holding long-term facilities accountable for intentional physical harm to their residents
Physical abuse of nursing home residents occurs because some staff members lack the temperament and skills to work with seniors and other residents who have physical injuries, emotional struggles, or cognitive challenges. Nursing homes should hire and train staff to help residents in need instead of hurting them. Our Kentucky nursing home physical abuse lawyers have more than 200 years of combined experience holding nursing homes and staff members accountable for committing, failing to prevent, or tolerating abuse of their residents.
At Garcia & Artigliere, we have secured more than $3 billion in recoveries for our clients – many of whom are nursing home residents. In one illustrative case, we obtained a $1 million settlement for a resident who was physically abused by a co-resident. Call us now to protect your loved one from physical harm.
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How can we help?
- What is physical abuse of a nursing home resident?
- When should family and friends suspect physical abuse?
- Why do residents of Kentucky nursing homes suffer physical abuse?
- Who do you hold accountable for physical abuse at a Kentucky nursing home?
- What injuries do physical abuse victims suffer in Kentucky nursing homes?
- What is the value of a nursing home physical abuse claim in Kentucky?
- When do nursing home physical abuse claims need to be filed in Kentucky?
- Do you have a Kentucky nursing home abuse lawyer near me?
What is physical abuse of a nursing home resident?
The National Institute on Aging defines physical abuse of the elderly (most nursing home residents are seniors) as hitting, slapping, pushing, or other acts that cause bodily harm. Physical abuse also includes the use of physical or chemical restraints that are not medically authorized or confining a resident, such as by locking them in a room.
Physical abuse of a nursing home resident may also be a crime. Sexual assault is also a form of physical abuse.
When should family and friends suspect physical abuse?
The people who work for a nursing home, management, and friends and family should recognize the signs of physical abuse of a resident. These signs include the following:
- Cuts, bruises, scars, and other physical injuries
- Emotional signs such as withdrawal, anxiety, personality changes, and depression
- Fear of people a resident would normally trust
- Weight changes
- Difficulty sleeping
- Being unusually quiet
- Hospitalization
- Unusual answers to questions
- Not participating in nursing home activities
- Recurring injuries
- Sudden death
Why do residents of Kentucky nursing homes suffer physical abuse?
Some of the reasons different people physically abuse or fail to prevent physical abuse of residents include the following:
- Improper training or experience in how to help seniors with physical, emotional, or cognitive difficulties
- Substance abuse of drugs or alcohol
- Antisocial behavior
There are several ways that nursing homes may fail to prevent physical abuse or to respond quickly when abuse occurs, including by:
- Not hiring enough competent staff members
- Failing to educate and train staff workers to manage difficult situations
- Failing to conduct background checks
- Failing to understand which residents, such as residents with dementia, may commit abuse
- Failing to recognize which residents may be victims of physical abuse
- Pushing staff members to work long hours
- Failing to have individual care plans for each resident
- Not investigating complaints of physical abuse
- Not disciplining anyone in their control who physically abuses a resident
Other residents may abuse a resident due to:
- Cognitive challenges such as Alzheimer's or dementia
- Emotional difficulties
- Other causes
Who do you hold accountable for physical abuse at a Kentucky nursing home?
Our Kentucky nursing home physical abuse lawyers file civil claims against:
- The person who commits the abuse, which may include staff members, other residents, visitors, and anyone with access to the nursing home
- A nursing home that fails to protect its residents
- The owners of the nursing home
What injuries do physical abuse victims suffer in Kentucky nursing homes?
Seniors need more time to heal and are more prone to harsher injuries due to their age. A disabled resident is already suffering, which means physical harm will be quite traumatic.
At Garcia & Artigliere, we represent nursing home residents who suffer any type of severe physical injury, including:
- Head trauma
- Broken bones/fractures
- Strokes or heart failure
- Traumatic amputation
- Nerve, muscle, ligament, tendon, or tissue damage
- Back, neck, and shoulder pain
- Vision or hearing loss
- Burns
- Medical harm because they are not taking the correct medications or dosages at the correct time
- Harm due to the use of physical or chemical restraints such as respiratory disorders or skin disorders
For most residents, every day matters, which means any physical abuse is intolerable.
Some physical injuries may be fatal.
What is the value of a nursing home physical abuse claim in Kentucky?
At Garcia & Artigliere, we fight to maximize your loved one’s health and compensate them for their suffering. Our Kentucky nursing home physical abuse lawyers demand compensation for a resident’s current and future damages, including:
- Medical expenses of every type
- Physical pain and emotional suffering
- Any financial damages
- Loss of life’s pleasures
We may also seek punitive damages if the physical abuse was deliberate and malicious.
Our lawyers file a wrongful death claim if nursing home physical abuse is deadly.
When do nursing home physical abuse claims need to be filed in Kentucky?
Claims for nursing home physical abuse should be filed as soon as possible to protect the health of your loved one, help avoid harm to other nursing home residents, and ensure that the claim is as strong as possible. Generally, you must file a personal injury or wrongful death claim within one year from the date of the physical abuse. We can explain the time limit if the physical abuse occurred over several days, weeks, or even months.
Do you have a Kentucky nursing home abuse lawyer near me?
Garcia & Artigliere consults with nursing home residents and family members from our Lexington and Louisville offices.
If injuries prevent your loved one from coming to one of our offices, we will make alternate arrangements to consult with you and your loved one. Our lawyers also speak with clients by phone and through online video conferences.
Call Garcia & Artigliere for help today
Physical abuse of any nursing home resident is unconscionable. Nursing homes should protect their loved ones from harm – not cause harm. At Garcia & Artigliere, we’ve been fighting for more than 30 years to hold nursing homes accountable for all types of abuse, including physically abusing seniors and other ill or injured residents. In most cases of abuse by a staff member, visitor, or another resident, the nursing home is also liable.
Call or contact our Kentucky nursing home abuse lawyers today to schedule a free, confidential consultation. We represent nursing home residents and families in California, Louisiana, Arizona, and across the United States. Our attorneys handle nursing home claims on a contingency fee basis.
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