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How Do Mandatory Reporting Laws Work in Kentucky?

Published on Feb 14, 2019 at 3:45 pm in Nursing Home Abuse.

If you have a loved one in a nursing home, you expect them to be given the best care so they stay healthy and can enjoy their life in the home. However, if you see something that seems off, you may be wondering if you should report it. In Kentucky, you need to report signs of abuse or danger. While this may be scary, it’s going to benefit your loved one and make sure they get the help they need. Then, you can seek justice for them with a nursing home abuse claim.

At Golden Law Office, we understand how precarious this situation can be, but we will be with you every step of the way to provide all the help and support that we can. We’ll make sure to fight for your loved one’s rights and to do everything possible to get them a fair settlement.

Reporting Laws Protect Seniors

Kentucky is a mandatory reporting state. This means that if someone suspects elder abuse is happening, then they are legally obligated to report it.

Unfortunately, there are factors that may keep the person from reporting abuse, which allows it continue to happen. Someone may believe that they’re overreacting and making a big deal out of something that will cause a lot of trouble for no reason. However, there isn’t anything small about a sign of abuse. Whether it’s mysterious bruising, overheard negative and derogatory comments made toward the elder, or you believe the environment is unsafe, then you must speak up because these aren’t normal occurrences.

Sometimes, you don’t even have to have a malicious staff in order for abuse to occur. There’s also the chance that the nursing home simply isn’t run well. But this means that residents aren’t seen to as often as they should be and they aren’t getting the care they deserve. In this case, elder neglect is occurring. It’s not because someone wants to bring harm to a resident, but it’s still happening and means the home is unfit to provide care for seniors.

Another major deterrent that keeps people from reporting is the fear of retaliation. If they work in the home, they may worry about being the reason why someone loses their job, or it will be known that they made the report and they could be putting their own job in jeopardy. A family member of a nursing home resident could worry that making a report could mean that their loved one will receive worse abuse or neglect. But you don’t need to worry about these situations, because reports can be made anonymously and it’s illegal to retaliate against someone who files a report.

A Few Tips to Know About Reporting

When wondering if you should file a report, you may be wondering about reporting laws, how they apply to you, and what the protocol is for these situations.

As you already know, if anyone sees something, they need to make a report. In some states, this may only apply to working professionals, but it’s on everyone in Kentucky. Don’t wait to make a report. After you witness an incident, you need to report it as soon as possible. The longer you stay silent, the more time elders may suffer from abuse or neglect. Don’t investigate on your own. This isn’t your job and reporting will allow the right people to be able to conduct a professional investigation.

There is a difference between making a report and internal reporting. When you tell someone within the nursing home that something was wrong, they may say that a report has already been made and it’s being taken care of. However, you still need to make a report to the correct governmental outlet.

Unfortunately, some cases of abuse are hard to prove. If you’ve already made a report, but hear of more information, you need to make additional reports. You may want to consider calling services to inform them of what’s happening.

Golden Law Office Is Here for You

It’s shocking and sad to learn that someone you care about is being abused in their nursing home, but there are plenty of steps you can take to make sure they’re safe and get the care and help they need, and then hold the negligent home responsible for their actions.

You may feel like you’re in this alone, but the lawyers at Golden Law Office in Lexington, KY are here to help. Give us a call today. You can get justice for your loved one and make sure that the people who abused or neglected them pay for their actions. Your claim may also inspire change within the nursing home so this never happens again.

Golden Law is a local, Kentucky Law Firm, attorneys/lawyers in Fayette County, Kentucky, working in the fields of personal injury, auto accidents, car and truck wrecks; medical malpractice: doctors, hospitals & nursing homes; senior living abuse: neglect, physical abuse, emotional abuse, dehydration, bedsores, catastrophic injuries, and broken bones. If you are considering a lawsuit, call us at 859.469.5000 for a free consultation. We are located at 771 Corporate Dr. Suite 800/ Lexington, Kentucky 40503. We handle cases all over the Commonwealth of Kentucky. We have represented and trained people in major insurance companies & major trucking companies. We have first hand experience and know the ‘inside of the insurance business’ … that’s a distinction that no other law firm can make. We’re Your Advocate. Dale Golden, Laraclay Parker.

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