Garmer & Prather, PLLC Attorneys At Law

Families have a new option for fighting nursing home abuse

Kentucky residents who have placed a loved one in a nursing home might be interested in a new ruling that will allow families more freedom to hold long-term care facilities accountable for the well-being of their residents. Under the new ruling, families will be allowed to sue nursing homes for neglect.

Nursing home contracts usually include clauses that forbid residents' family members from filing lawsuits against the nursing home. Instead, when complaints were filed with a nursing home, families were usually forced into arbitration. According to the CEO of the Medicaid Advisory Group, the justice system in such cases was often not on the patient's side. In addition, she says, the public was never made aware of what went on in these closed-door arbitrations, even when the ruling was against the nursing home.

Under the new ruling, families will be able to file wrongful care lawsuits against nursing homes. The Medicaid Advisory Group CEO suggests that family members of nursing home residents watch for signs of abuse or neglect. She says that often, patients with dementia are not taken seriously when they claim they have been mistreated. Sudden changes in behavior could be a signal that there is a problem, and claims of abuse or mistreatment should be investigated regardless of the resident's mental health.

Nursing home abuse does not have to involve intentional mistreatment of patients by staff members. Neglect or wrongful care could also be in the area of malpractice. Nursing home residents in the Bluegrass State have specific legal rights under the Kentucky Nursing Home Residents' Bill of Rights, which is part of the Kentucky Residents' Rights Act.

No Comments

Our Lawyers

Contact our Firm

Email Us For A Response

Over 50
Years Of

Bold labels are required.

Contact Information

  • Super Lawyers
  • American College Of Trial Lawyers
  • Best Lawyers | Linking Lawyers And Clients Worldwide
  • Best Lawyers | US News 2014
  • Best Lawyers | US News 2017
  • Best Lawyers | US News 2018
  • AV-Preeminent | Martindale Hubbell | Lawyer Ratings
  • Kentucky Justice Association
  • American Association For Justice | Member Leaders Forum
  • American Bar Association
  • Kentucky Bar Association 1871
  • Fayette Country Bar Association
  • Bill Garmer's Best Lawyers in America 2017

Garmer & Prather has been named a Tier 1 firm in Lexington, Kentucky for Personal Injury Litigation-Plaintiffs
by U.S. News - Best Lawyers® “Best Law Firm� in 2017.