Statute of Limitations
- 1 year with Discovery Rule. (KRS §413.140 – Actions to be brought within one year)
- Medical malpractice – 1 year with Discovery Rule. (KRS §413.140 – Actions to be brought within one year; KRS §413.135 – Action for damages arising out of injury)
Damages Cap
- None. (Kentucky Constitution §54 – No restriction on recovery for injury or death)
Statute of Limitations
- 1 year from appointment of personal representative. If none appointed within 1 year from death, then 2 years from date of death. (KRS §413.140 – Actions to be brought within one year; KRS §413.135 – Action for damages arising out of injury)
Damages Cap
- None. (Kentucky Constitution §54 – No restriction on recovery for injury or death)
- Protection of Adults – (KRS §209.0)
Unsatisfied with the nursing home's explanation for the dozens of bruises on their 84-year-old grandmother, the family of Armeda Thomas, an 84-year-old resident at Madison Manor Nursing Homedecided to place a video camera in the disabled woman's room. The video tape confirmed that Thomas was the victim of physical and verbal abuse from the staff at the facility. The video revealed the following evidence of abusive behavior on the part of nursing home staff:
The Green Meadows Health Care Center in Louisville, Kentucky has lost its Medicare and Medicaid funding after repeatedly putting their residents at risk for danger and not investigating resident injuries. No specific act of wrong doing is cited in the denial of government funding. Rather, the nursing home has received numerous type 'A' citations. Type 'A' are the most serious and are dealt out when a nursing home resident's safety is endangered.
Nursing homes rely almost completely on government payment to operate. Once Medicare and Medicaid funding is lost, most nursing homes must close their doors. Most nursing homes rely on government funding for 80-90% of their budget.
As we recently discussed, Winchester Centre for Health and Rehabilitation may lose its Medicare and Medicaid funding if it fails to correct the dangerous conditions inspectors have recently found at the facility. The federal Centers for Medicare and Medicaid Services have given the facility a February deadline to correct the problems or federal aide will be pulled and daily fines will be imposed.
The Lexington Herald-Leader, ran an article detailing the deficiencies documented in recent inspections of the facility obtained via the Open Records Act. Among the more disturbing situations detailed in the report:
I was reviewing the AARPBulletintoday, and they ran a story about Kentucky nursing home that was cited for reports of alleged nursing home abuse and neglect by nursing state nursing home inspectors. Winchester Centre for Health and Rehabilitationreceived a Type A citation- the most serious nursing home citation a state can give-- for problems related to 'medical errors' and consequently the federal government will terminate its Medicare / Medicaid funding.
According to Kathy Gannoe, executive director of the Nursing Home Ombudsman Agency of the Bluegrass, prior to issuance of the Type A citation, the Winchester received 31 resident complaints in the past three months, and that 86% of the complaints had apparently been resolved.
Ricky Hamilton, the husband of Kimberly Hamilton, has filed a nursing home negligence lawsuit against Kenwood Nursing Home and the facilities parent company, Extendicare in Madison Circuit Court. The lawsuit alleges the nursing home deviated from acceptable standards of care and failed to maintain a safe environment. The lawsuit made a 'jury demand' and seeks an award of medical expenses, attorney fees and punitive damages.
Kenwood Nursing Home is part of the Richmond Health and Rehabilitation Complex in Richmond, Kentucky. The facility has has several smalling nursing homes on the property including Kenwood and Madison Manor.
About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the…