The Reality of Kentucky Nursing Home Oversight
When you place an elderly parent or loved one in a nursing home, there is an assumption that the facility will do its job, and that if it doesn’t, someone in authority will catch it. Management will take responsibility. Regulators will inspect. The state will intervene. The system will work. That may be too much to expect.
Neglect and abuse of Kentucky nursing home residents happen far more often than we would like to think. Satterley & Kelley, PLLC attorneys in Louisville hold nursing homes accountable when their negligent resident care causes injuries. Learn more by calling us at 855-385-9532 today.
Shouldn’t the State Government Regularly Inspect Nursing Homes?
A state audit released this April found that the Kentucky Cabinet for Health and Family Services, which oversees the state’s nursing homes, didn’t complete health and safety inspections for nursing homes within required time frames.
Of 190 nursing home inspections reviewed, 162 were late. Some missed their deadlines by as many as 51 months. This far exceeds the federal requirement of no more than 15 months between surveys, as reported by Skilled Nursing News.
That’s more than four years between inspections, plenty of time for critical safeguards to slide. Without the realistic possibility of being held accountable for unsafe and abusive conditions, a nursing home may cut corners or look the other way if staff aren’t properly caring for residents.
State Auditor Allison Ball acknowledged that the lack of timely inspections posed risks to residents’ health and safety but insists the situation has been corrected. As of March, all 268 nursing home facilities in Kentucky have reportedly received compliance surveys within the required time frame.
The audit revealed that 358 deceased individuals were listed as eligible for Medicaid benefits. The state also found nearly $1 million in duplicate Medicaid payments across 844 instances.
Years of missed inspections meant that whatever was happening behind nursing home doors, good or bad, could occur without accountability (or at least be substantially delayed). Facilities that knew inspections were long overdue may believe the odds of being caught were low.
Should I Trust Nursing Home Management to Care for My Family Member?
Don’t assume inspectors wouldn’t find anything to be concerned about. We’ve found in the many cases we’ve had against nursing homes that families mistakenly trusted their management and their supposed concern for their loved one’s health and safety.
Nursing homes are businesses. Many are operated by large corporations with investors demanding healthy returns on their investments, but they may barely have enough staff to function. Most Americans receiving nursing home care have their bills paid by Medicaid, so payments and profit margins are slim. Anything that benefits residents and costs money will be heavily scrutinized.
The danger of trusting the wrong nursing home is that, though it appears to be a good choice, it puts residents at risk in several ways, including the following:
- The facility can be understaffed, so necessary work takes too long to accomplish or doesn’t get done
- Residents wait too long for assistance
- They may not be changed or cleaned often enough
- Medications are administered late or incorrectly
- Residents unable to move on their own develop bedsores because they’re not being physically turned or not often enough
Unless someone is consistently watching a resident’s care, it can be easy for a facility to falsify records and make it appear as if someone’s getting the care they need, while they’re being subjected to neglect.
What Should I Look for When Visiting My Loved One in a Nursing Home?
The best protection for a nursing home resident is an engaged, vigilant family. This is easier said than done in many cases. Family members may live far away, be employed full-time, and have children to care for. If you can’t regularly see a loved one, try your best to have extended family members or friends spend time with them.
Ideally, not all visits should occur on predictable days and times, because you risk the nursing home “staging” the resident’s environment before an expected visit.
A visit shouldn’t be just to cheer the person up, but to get an idea of their physical, emotional, and psychological well-being:
- Are they clean?
- Do they have any bruises, or is their skin breaking down?
- Have they lost or gained weight?
- Are they alert and engaged, or withdrawn and fearful?
The visitor should ask the staff questions about the person’s health and well-being. Evasive or false answers should raise red flags. If possible, develop relationships with the staff who care for your loved one. They may give your family member extra care and be more forthcoming about what’s going on.
What people see and what they’re told should be documented. Photographs and written notes with dates and times may be invaluable if a resident’s poor condition is investigated and legal action follows.
What You Should Do If You Suspect Neglect
You should call our office so we can talk about the situation. Unfortunately, these cases usually follow a predictable pattern of neglect, abuse, or a combination of the two. We can discuss whether your loved one appears to be in trouble or if there’s a reasonable, alternate explanation.
We may suggest that you file a report with the Kentucky Long-Term Care Ombudsman, which oversees the care of those in nursing homes. Depending on the facts, your family member may need us to take more forceful legal action and get them into another facility as soon as possible.
Nursing home residents have the right to the following:
- To receive competent, dignified care
- To be free from abuse and neglect
- To have their medical needs promptly and competently addressed
If these rights are violated, injured residents and their families may pursue compensation for pain and suffering, medical expenses, loss of quality of life, and, in the worst case, wrongful death claims. Facilities may also be ordered by a court to take certain actions to correct deficiencies and prevent similar neglect and abuse from happening again.
It’s easy to assume the best-case scenario when your loved one is in a nursing home. You don’t want to think about a family member enduring neglect or abuse, and the guilt that comes with it. But if you can’t care for your family member full-time, you should at least do what’s necessary to ensure they’re well-cared for by others.
Speak to a Nursing Home Injury Attorney Today
Satterley & Kelley, PLLC lawyers will fight for your loved one to obtain respectful care and compensation for their injuries. To reach our Louisville office and set up a free initial consultation with an experienced lawyer at our firm, call us at 502-589-5600 (toll-free at 855-385-9532) or contact us online.