Assisted Living Neglect Lawyer in Kentucky

Assisted living communities provide housing and help with daily living, but they aren’t nursing homes and generally don’t provide round-the-clock nursing care. That difference matters: the rules, the staffing and the services promised in the lease are different. If your loved one is in a nursing home, see our nursing home abuse lawyer page.

Under KRS 194A.705, an assisted living community must give each resident access, under the lease, to help with activities of daily living, three meals and snacks each day, scheduled social activities, help with self-administration of medication, and housing. It must give the resident a functional needs assessment at move-in and updated assessments with a service plan after move-in.

Staffing must be sufficient in number and qualification to meet each resident’s 24-hour scheduled needs, and one awake staff member must be on site at all times (KRS 194A.717). The lease must spell out services, fees, move-out rules and grievance procedures (KRS 194A.713). Residents must also receive a copy of the resident rights in KRS 216.515.

• Falls from missed help with walking, transfers or bathroom trips. See falls in care facilities.
• Medication mistakes: missed doses, wrong pills or no follow-up. See medication errors.
• Wandering (elopement) by residents with memory loss
• Dehydration, poor nutrition and weight loss
• Untreated infections and pressure sores
• Keeping a resident whose needs have grown beyond what the community can safely provide
• Abuse by staff or other residents

• Unexplained bruises, cuts or fractures
• Repeated falls, or falls you weren’t told about
• Sudden confusion, weight loss or poor hygiene
• Medication counts that don’t add up
• Staff who can’t tell you who is on duty overnight
• Your loved one seems afraid of certain staff

1. Get medical care first.
2. Report suspected abuse or neglect to Adult Protective Services. In Kentucky, anyone with reasonable cause to suspect adult abuse, neglect or exploitation must report it (KRS 209.030).
3. Ask for the incident report, the service plan and the functional needs assessment in writing.
4. Take dated photos and keep notes of conversations with staff.
5. Talk with a lawyer before signing any release or new agreement.

Claims may be brought against the community’s operator and owners, and sometimes outside providers such as home health or pharmacy services. Many assisted living leases include arbitration clauses; whether one applies depends on the document and who signed it. Bring the lease and any admission papers to your consultation.

Most Kentucky personal injury claims that don’t involve a motor vehicle must be filed within one year of the injury (KRS 413.140(1)(a)). Wrongful death claims and claims involving children or government agencies can follow different rules. Estimate your dates with our statute of limitations calculator, then confirm them with a lawyer.