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Articles Tagged with assisted living

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By Jessica Surber, Attorney

English, Lucas, Priest & Owsley, LLP

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Our firm routinely handles nursing home abuse, neglect and wrongful death cases. We see families every day who have trusted their loved ones to assisted living facilities or nursing homes but have found that the care was not up to basic standards.

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By Bob Young, attorney

Our firm is representing the estate and family of a Scottsville, Kentucky, nursing home resident who died at the facility at the hands of another resident – a death that we believe was entirely preventable.

We filed suit in the case this week in Allen County Circuit Court on behalf of the estate and the family.

The facts of the case are as follows.

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Stethoscope 3In an unpublished opinion, the Kentucky Court of Appeals has found that a nursing home negligence dispute is subject to arbitration. In this case, a woman executed a general power of attorney naming her nephew as her attorney-in-fact in 2005. Approximately one year later, the woman went to live in a Danville nursing home. As part of the admission process, the woman’s nephew signed a number of documents, including an optional agreement to arbitrate any future disputes with the skilled nursing facility. More than two years later, the woman passed away, and her nephew was named the executor of her estate. The nephew then filed a negligence lawsuit against the nursing home in Boyle County Circuit Court.

In response to the lawsuit, the nursing home filed a motion to compel arbitration based on the paperwork the woman’s nephew signed at the time of her admission to the Danville facility. The trial court denied the company’s motion, based on lack of jurisdiction under the Kentucky Uniform Arbitration Act or the Federal Arbitration Act. The facility then filed an appeal with the Kentucky Court of Appeals.

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file000747207145 morguefile juanarreoOn September 3, a grand jury in Edmonson County, Kentucky, issued formal charges against three former Brownsville nursing home workers. The indictment reportedly accused the individuals of committing a total of 69 counts of first-degree criminal abuse of an adult, assault, wanton endangerment, and knowingly abusing or neglecting an adult residing at the Genesis Healthcare Edmonson Center Nursing Home. The three persons who were charged allegedly abused a number of residents living in the 74-bed facility between August 2013 and February of this year. Edmonson County Commonwealth Attorney Tim Coleman stated the Kentucky State Police Post 3 in Bowling Green led the investigation into the numerous abuse allegations leveled at the three former nursing home staff members.

A spokesperson for the Brownsville nursing home stated the facility has a zero-tolerance elder abuse policy. She claimed the nursing home immediately reports any suspected abuse or neglect to law enforcement officials, as required by law. The spokesperson also said any employee suspected of abuse is immediately suspended pending an investigation and terminated where appropriate. She added that the three individuals charged are no longer employed by the skilled nursing facility due to the troubling elder abuse accusations.

According to law enforcement authorities, the three former nursing home workers, a 30-year-old man, a 22-year-old woman, and a 49-year-old-woman, are currently being held on a cash bond at the Hart County Jail. No court date is currently set for trial. Each of the former Brownsville facility workers charged now faces a potential prison sentence of up to 10 years.

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