Discovering that an elderly loved one has been injured in a care facility is traumatic. Whether it was a fall, a medication error or unexplained bruising, the actions you take in the following hours and days can affect their safety and any future legal claim.
Kentucky law may allow you to seek compensation if you suspect nursing home neglect or an accident. Taking the steps below can help protect your loved one and support a potential claim.
1. Prioritize immediate medical care
When your loved one badly needs treatment, it is best not to rely on just the facility’s internal physician. If the injury is serious, call 911 or take your loved one to a doctor or emergency room. An independent medical evaluation ensures they receive proper care while creating an unbiased record of the injuries.
2. Document everything
Take clear photos of the injuries and the environment where the accident occurred, including:
- Wet floors
- Broken bed rails
- Poor lighting
- Inadequate equipment
Additionally, write down a timeline of events and the names of staff members you spoke with. Keeping this log of information can help support your case.
3. File a formal internal grievance
State laws mandate that nursing homes maintain a formal grievance procedure where you can submit written complaints to the facility administrator. Utilizing this mechanism establishes an existing documentation of the complaint. By doing so, you are creating a record that may prevent the facilities from subsequently asserting a lack of notice regarding the incident.
4. Report the incident to proper authorities
Nursing homes are typically regulated by the state. In addition to an internal report, you should report the accident to the Kentucky Cabinet for Health and Family Services (CHFS). The CHFS is responsible for external investigations of neglect or unsafe condition complaints in the state’s long-term care facilities.
5. Get a lawyer’s help
Nursing home cases are often procedurally and factually complex. Seeking legal guidance at an early stage may assist in preserving key forms of evidence like staffing logs and surveillance footage. Since these documents can bear directly on disputed events and standards of care, compiling them can be vital to the outcome for your claim.
Protecting your loved one’s rights
Your family deserves accountability from the nursing home you trusted with your loved one’s care. If your loved one has been injured, taking these steps can help ensure their safety and protect their right to pursue compensation.
