Nursing Home Neglect

Serving Paducah, Murray, and Western Kentucky

Families trust nursing homes to care for their loved ones with dignity and respect. When a facility fails to provide proper care, the result can be serious injury, emotional trauma, or even death. The Kentucky nursing home neglect lawyers at Saladino & Schaaf, PLLC represent residents and families throughout Paducah, Murray, and Western Kentucky who have experienced harm due to neglect or abuse in long term care facilities.

Neglect often goes unnoticed at first, especially when facilities are understaffed or poorly supervised. Our attorneys understand the signs of mistreatment and how to take action to protect vulnerable residents.

Common Forms of Nursing Home Neglect and Abuse

Nursing home injuries can occur for many reasons. Some are the result of understaffing, inadequate training, or violations of Kentucky and federal care standards. Common examples include:

• Failure to assist residents with mobility
• Falls caused by lack of supervision or unsafe conditions
• Dehydration or malnutrition
• Untreated infections or medical conditions
• Medication errors
• Bedsores and pressure ulcers
• Poor hygiene or unsanitary living conditions
• Emotional or verbal abuse
• Physical abuse by staff or other residents
• Neglect of residents with dementia or special needs

If you notice sudden changes in your loved one’s behavior, physical condition, or emotional well being, it may be a sign that something is wrong.

Liability for Nursing Home Neglect in Kentucky

Nursing homes in Kentucky must follow strict state and federal regulations that govern how residents are cared for. These standards are in place to protect residents who rely on staff for help with daily activities, medical monitoring, and a safe living environment. When a facility fails to meet these standards and a resident is harmed, the nursing home can be legally responsible.

Liability often arises when a facility does not provide enough staff to properly care for residents. Understaffing leads to missed medications, lack of supervision, untreated infections, and preventable falls. Many cases also involve employees who are not properly trained or who do not have the qualifications required to meet the needs of elderly residents.

A nursing home may also be liable when it ignores known risks, such as fall hazards, worsening medical conditions, behavioral changes in residents with dementia, or signs of malnutrition or dehydration. When staff members fail to follow a resident’s care plan, fail to document changes in condition, or fail to notify medical providers or family members, the facility may be held responsible for resulting injuries.

In situations where neglect or abuse leads to a decline in health or death, families have the right to pursue a legal claim. Kentucky law allows residents and their families to hold nursing homes accountable when negligent care causes avoidable harm. These claims help improve safety in long term care facilities and protect other vulnerable residents from experiencing similar treatment.

Kentucky Resident Rights

Kentucky law (KRS 216.515) guarantees nursing home residents fundamental rights that facilities must respect:

• Dignity and Respect: Residents have the right to be treated with consideration and respect, and to be addressed as they prefer.
• Freedom from Abuse and Restraints: Residents must be free from physical and mental abuse, and from unnecessary chemical or physical restraints.
• Privacy: Residents are entitled to visual privacy in shared rooms, bathrooms, and shower areas.
• Medical Choice: Residents have the right to choose their own physician and be fully informed of their medical condition.
• Freedom of Movement: Residents cannot be detained against their will and must be permitted to go outdoors and leave the premises.
• Voice and Grievances: Residents have the right to voice complaints and recommend changes without fear of retaliation or discrimination.
• Access to Records: Residents have the right to access all inspection reports and medical records.

When a nursing home violates these rights and a resident is harmed, the facility may be held legally liable. Many successful nursing home cases are based on violations of these statutory resident rights.

Compensation Available in Nursing Home Neglect Cases

Compensation in a nursing home neglect case depends on the type of injury, the level of harm suffered, and the long-term effect on the resident’s health and quality of life. These cases often involve both physical and emotional injuries that require ongoing care. Recoverable damages may include:

• Medical expenses related to injury or neglect: Medical expenses can include hospital treatment, wound care for pressure ulcers, physical therapy, medication adjustments, or specialist evaluations for conditions that were allowed to worsen. These costs can continue long after the initial injury, especially when the resident suffers permanent complications.
• Pain and suffering: Pain and suffering damages account for the physical discomfort and hardship residents experience from preventable injuries such as falls, infections, or dehydration. Many residents endure unnecessary pain because staff members failed to monitor them or respond to their needs.
• Emotional distress: Emotional distress may arise when residents feel fear, anxiety, isolation, or humiliation due to neglect, verbal mistreatment, or unsafe living conditions. Even residents with cognitive impairments can experience measurable emotional harm.
• Loss of enjoyment of life: Loss of enjoyment of life reflects the decline in a resident’s ability to participate in daily activities, social interaction, or personal routines. This is especially important when neglect leads to reduced mobility, chronic infection, or loss of independence.
• Funeral and burial expenses in cases involving death: When neglect results in death, Kentucky law allows families to pursue a wrongful death claim for funeral expenses, medical bills, and other losses caused by the facility’s negligence.
• Loss of Consortium and Companionship: When a nursing home resident dies as a result of neglect or abuse, surviving spouses and minor children may recover damages for the loss of companionship, affection, guidance, and support they would have received from their loved one. Kentucky law allows certain family members to pursue these damages when a facility’s negligence causes a resident’s death. These losses reflect the significant emotional impact felt by families and the importance of the relationships that were taken from them.

Punitive damages may also be available when the facility’s conduct shows a reckless disregard for resident safety or involves intentional harm. These damages are designed to punish serious misconduct and discourage similar behavior in other nursing homes. Our attorneys can evaluate whether the facts of your case meet Kentucky’s legal standards for punitive damages.

Our attorneys work closely with medical professionals, long term care experts, and financial specialists to document these damages and present a clear picture of the harm caused to the resident and their family.

How Saladino & Schaaf Can Help

Nursing home cases require careful investigation and knowledge of the standards long term care facilities must follow. When you contact Saladino & Schaaf, we can assist in the review of medical charts, staffing records, facility reports, and care plans to identify violations and gather evidence of neglect.

We can speak with witnesses, consult with experts, and communicate directly with the nursing home and its insurance company. If a fair settlement is not offered, our attorneys are prepared to pursue litigation to hold the facility accountable.

Our goal is to protect your loved one and ensure your family receives justice.

Why Choose Saladino & Schaaf, PLLC?

At Saladino & Schaaf, PLLC, we are committed to standing up for the rights of nursing home neglect victims in Kentucky.  Here’s why clients trust us to handle their nursing home neglect  cases:

• Decades of Experience:  While no two cases are the same, our nursing home neglect attorneys have a proven track record of success in personal injury cases, having helped thousands of clients and recovered millions of dollars in compensation.
• Personalized Attention: Our attorneys will take the time to understand your unique circumstances and tailor our approach to meet your needs.
• No Upfront Fees: We work on a contingency fee basis, meaning you pay nothing unless we win your case. Your initial consultation is always free, and you can trust that we will work tirelessly to maximize your compensation.
• Compassionate Advocacy: We understand how stressful and emotional it can be to discover that a loved one has suffered neglect in a nursing home. Our attorneys provide steady guidance and support throughout the process so your family does not have to face this situation alone.

The attorneys at Saladino & Schaaf are active members of the Kentucky Bar Association, the McCracken County Bar Association and the Kentucky Justice Association. We have built our reputation on trust, compassion, and results, proudly serving Western Kentucky families for more than 40 years.

Contact Our Kentucky Nursing Home Neglect Lawyers

If you believe your loved one has suffered neglect or abuse in a nursing home, contact Saladino & Schaaf for help. We understand how difficult these situations can be and provide guidance with care and professionalism.

Call (270) 444-0406 or contact us online for a free consultation. We represent clients in Paducah, Murray, and throughout Western Kentucky.

Frequently Asked Questions About Nursing Home Neglect in Kentucky

What are signs of nursing home neglect?

Common signs include unexplained injuries, weight loss, dehydration, poor hygiene, bedsores, emotional withdrawal, or sudden behavioral changes.

Do I need proof before contacting a lawyer?

No. If you suspect neglect, it is important to speak with an attorney. Many cases begin with concerns rather than clear evidence.

Can I move my loved one to another facility during a claim?

Yes. You can transfer your loved one at any time to a safer facility. A move will not harm your legal case.

How long do I have to file a nursing home neglect claim?

Kentucky law sets time limits for filing injury and wrongful death claims. It is best to speak with an attorney as soon as possible to make sure your case is filed on time.

What if the nursing home denies wrongdoing?

Nursing homes often deny responsibility. Our attorneys can gather medical records, staffing information, and expert opinions to determine what happened and who is responsible.

Can a nursing home be held responsible for abuse by an employee?

Yes. Facilities may be held liable for the actions of their employees, especially when negligent hiring or inadequate supervision contributed to the abuse.

Our Attorneys

Saladino & Schaaf, PLLC is dedicated to providing high quality, aggressive legal representation to victims of personal injury and wrongful death. Since 1984, this firm and its predecessors have had one goal in mind – to help the victims of personal injury put the pieces of their lives back together.