What are some causes of action for elder abuse or neglect?
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If a person has been subjected to abuse or neglect in a nursing home, he has a number of causes of action. First, there is just what we call common law negligence. That is when the nursing home has deviated from the accepted standard of care in providing treatment and services to that individual.
The state of Kentucky also has what is called a residence rights act. That act gives every nursing home resident the right to be treated with dignity, respect and consideration of his humanity, and his right to be free at all times from restraints, from harm and abuse, neglect of any kind.
Another cause of action that is available is a wrongful death action that would be brought by the heirs or the beneficiaries of a deceased persons estate. A wrongful death action can be brought within one year of the date of the death or the appointment of a representative for the estate.
If you suspect that your loved one has been a victim of abuse or neglect in a nursing home, you should contact a competent attorney right away who has experience in these kinds of cases.