In the Courts: Kentucky Court Parses Statute of Limitations
October 9, 2015 | Aging Services Risk Management
Occasionally, personal injury lawsuits and wrongful-death claims are subject to different statutes of limitations, as certain claims may not "survive" the injured party's death. In a personal injury lawsuit brought by the administrator of the estate of a deceased nursing home resident against a nursing home and its parent company, the Supreme Court of Kentucky affirmed the appellate court's decision to dismiss the administrator's claims based on the court's analysis of the operation of several statutes of limitations affecting nursing home residents.
The plaintiff alleged violations of Kentucky's Long-Term Care Facilities statute, which allegedly resulted in the resident's injuries and subsequent death. The suit was filed more than three years after the resident's death and claimed that the resident was not given the right to be treated with respect or dignity, the right to be suitably dressed at all times, the right to have her responsible party notified immediately of any changes, the right to have a care plan developed and implemented, and the right to be free from abuse and neglect. The alleged violations of these rights caused the resident to experience an accelerated deterioration of her health, including pressure...