Kentucky and federal laws grant important rights to residents of Kentucky nursing homes, sometimes referred to as the Kentucky Residents’ Rights Act or the Nursing Home Bill of Rights. When a resident of a nursing home has suffered abuse or neglect, the rights guaranteed by these laws can be enforced by filing a lawsuit against the responsible nursing home. The law allows for the recovery of actual damages, including pain and suffering, as well as punitive damages, reasonable attorney fees, and costs incurred in bringing the lawsuit.
Attorneys at Mike Breen have been representing clients in cases involving nursing home neglect and abuse, personal injuries, trucking accidents, motor vehicle collisions, and medical malpractice for more than 40 years and we will be happy to talk with you about your concerns regarding possible mistreatment or neglect of a loved one in a nursing home. We can help you determine whether the rights of your family member or loved one has been violated or ignored. Kentucky law requires that the following rights of nursing home residents be protected:
- The right to be fully informed of the rules and regulations of the facility as well as the rights of the resident
- The right to privacy, to be treated with dignity and respect and to be suitably dressed at all times
- The right to be free from physical and mental abuse, including verbal and sexual abuse and corporal punishment and involuntary seclusion
- The right to be free from physical or chemical restraints not required to treat medical symptoms
- The right to confidentiality and privacy, including visual privacy in shared rooms and in tub, shower and toilet rooms
- The right to personal possessions and to receive or refuse visitors
- The right to participate in the resident’s own care and creation and review of an individualized treatment plan
- The right for the resident’s responsible party or family member to be notified immediately of changes in the resident’s condition including an accident, disease, unexplained absence, sudden illness or anything unusual
- The right to review all inspection reports regarding the facility and the right to voice grievances without repercussions and meet privately with state inspectors
Contact experienced Mike Breen to discuss your concerns regarding a loved one’s treatment and care at a nursing home. Under Kentucky law, claims for nursing home abuse and neglect and violation of a resident’s rights must be brought within specified time limits so it is important to contact attorneys as soon as possible so that those deadlines can be met and the claims will not be lost. Call us at (270) 418-3189.