Nursing Home Negligence Lawsuit Filed Against Extendicare
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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.
Madison Manor has a well-documented history of problems. In 2008, the facility received a Type-A citation from the Cabinet for Health and Family Services after officials obtained a copy of a video documenting abuse of a resident. Following disclosure of the video, 9 staff members were fired and a new training program was implemented for the staff.
Nursing home ombudsman Kathy Gannoe, said her agency received 26 complaints regarding 14 Madison Manor residents in 2008. After investigating each claim, Gannoe determined 80% of the charges were verified.
Amazingly, the Kentucky nursing home had even more complaints in 2007. In 2007, nursing home ombudsmen investigated 56 complaints relating to 26 residents. According to Gannoe, 96.5% of the complaints were verified and one-quarter of the complaints were referred to law enforcement. Read more about this nursing home negligence lawsuit here.
About Extendicare
Extendicare Homes Inc. is headquartered in Milwaukee, WI. The company was recently named in a class action lawsuit for violating consumer-protection laws by advertising "quality standards above government regulations" that they failed to deliver. Extendicare is one of the largest nursing-home chains in North America. The company runs 268 facilities for up to 30,000 residents. Nearly all of Extendicare's nursing facilities have higher-than-average scores for health deficiencies and safety violations.
Nursing Home Abuse Blog Entries On Extendicare
Videotape Reveals Abuse In Kentucky Nursing Home
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Web Resource
Comments (2)
Read through and enter the discussion by using the form at the endEric - January 23, 2010 1:51 PM
I'm currently in a wrongful death lawsuit with a nursing home here in Alabama. Alabama has not set requirement for nursing home liability insurance. The nursing home only has a set limit of $100,000 for there insurance which also pay for there lawyers fees and reduce the amount to be payed out to family for the lawsuit. my question is are there ways to get to more from the company assets then just the amount of there insurance limits
Jonathan Rosenfeld - January 24, 2010 12:02 PM
The situation you describe is called an 'eroding insurance policy', where all payouts to an injured party and the defense lawyer fees must be paid out of the policy.
Many nursing homes and assisted living facilities are tremendously under-insured, that is-- if they have insurance at all. Unfortunately the situation that you are experiencing is becoming more and more common.
Shell corporations, frequently set up outside of the country, also allow nursing home owners to shelter their assets from a viable recovery. If Alabama laws do allow the individual owners of the facility to be named in the lawsuit, there is a possibility that you may be able to recover more than the policy limits (or whats left after defense lawyer fees). An experienced nursing home lawyer should be able to determine the viability of such an action including the collectability of a judgement against the nursing home.
Best regards and good luck!