Stephen M. O'Brien III, PLLC - Personal Injury Attorneys
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Ward of the state files claim based on nursing home neglect

Kentucky residents might have been shocked to hear of arrests made in regards to nursing home neglect and abuse a month ago. As shocking as that was, it was a good reminder for anyone with a family member in a nursing home to keep a watchful eye on what is going on. In the most recent development for the case that led to those three arrests, the patient has filed a lawsuit against the Genesis HealthCare’s Edmonson Center.

The 82-year-old woman is a ward of the state. Her complaint against the nursing home seeks compensation for mental anguish, medical expenses, punitive damages, physical pain and suffering and emotional distress. The woman, who still lives at the home, was subjected to mental and physical abuse, according to her complaint.

She suffered black eyes and bruising. The bruising was on her arms, face, back and neck. Those injuries are said to be the result of wantonness, neglect, abuse and negligence on the part of the employees, owners, servants and agents of the defendant.

Nursing home residents have rights set forth by the Kentucky Residents’ Rights Statute. When those rights are violated, residents have the right to seek compensation for those violations. While this woman is a ward of the state, she is taking a stand against the nursing home through her guardian.

Anyone who has a loved one in a nursing home can do as this woman did and seek compensation for injuries caused by nursing home abuse and negligence. Knowing what is included in the KRRS and learning how to file complaints against the nursing home can help you learn how to get the process started.

Source: Daily News, “Resident sues nursing home” Deborah Highland, Oct. 04, 2014

O'Brien Batten & Kirtley, PLLC is located in Lexington, KY and serves clients in and around Lexington, Keene, Nicholasville, Versailles, Midway, Georgetown, Wilmore, Paris, Bourbon County, Fayette County, Jessamine County, Scott County and Woodford County.

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