An elderly man’s body was found in Cadiz, Kentucky.  The man died after leaving an assisted living facility named Better Senior Living.  These are some of the most tragic and difficult situations for a family to understand.

Our Louisville law firm has successfully handled nursing home neglect and wrongful death cases for many years.  We don’t represent this victim, nor his family.  However, whenever this type of loss occurs, a serious investigation of the facility’s policies and procedures will be undertaken.  At the same time, were there any special instructions indicated in the deceased patient’s record?  Some patients are listed as a “fall risk” or in this case “wander risk.”  Often, wander risk patients also wear a special device to alert the staff via an alarm if they exit the building.

Depending on the facts in this specific situation, a wrongful death case may be warranted.  Many facilities are equipped with security locks on doors to prevent patients from leaving an assisted living facility without an authorized escort.  The investigation will focus, in part, on if and why the security measures failed.

The claim of negligence will be made if the attorney can substantiate that the patient wasn’t properly monitored or there were too many patients congregating in a common area.  Once the staff became aware the man was missing, they should have followed special procedures in an attempt to locate him.  Were those measures taken?  If so, were they performed in a timely manner?  How thorough were the actions taken?

Regardless of how the man died after leaving an assisted living facility, it shouldn’t have happened.  He wasn’t simply a patient.  This man was most-likely someone’s spouse, father or grandfather.  It’s possible that a claim for loss of consortium may also be added.  This claim addresses the loss of the relationship as a result of the negligence.

Because of our long history of helping victims of injuries and their families, we understand the sense of loss members of this family will experience.  Often, a lawsuit isn’t pursued just for the sake of money.  Most of the time, the victims want to make sure the negligent party is held accountable.  At the same time, this is also meant to ensure the management and owners of the assisted living facilities improve the enforcement of safety policies and procedures so that other patients don’t fall victim to similar tragedies.

Hargadon, Lenihan and Herrington handles injury, wrongful death and nursing home negligence cases throughout Kentucky.  If you believe your family member has been injured while in the care of a nursing home or assisted living facility, we invite you to contact our firm and discuss your concerns.  We can help you to understand the legalities involved and discuss your options.  Our phone number is (502) 583-9701.  You should contact an attorney to ensure evidence such as patient charts are preserved, before they can be altered or misplaced.