Kentucky Nursing Home Alters Records, Held Liable

This month, a Kentucky jury awarded the plaintiff’s family $8 million for the wrongful death of a nursing home resident whose legs were broken following a horrific fall.

Even worse, evidence showed that staff altered his records to cover their mistake. Moments after the verdict, the defense attorney denied wrongdoing:  “We categorically deny that there was any cover-up whatsoever.” “No abuse or neglect was ever substantiated.” The jury thought differently.

When Virginia nursing homes alter patient records, we can often tell – the cover-up is all too obvious.

Some examples:

A CNA wrote she bathed, turned, and checked on our client every two hours one afternoon, when hospital and morgue records reflect she had been at the hospital and died the very same day. Now do I really believe a woman, not present, and dying, was cared for simply because the nursing home records said so? No.

An LPN recorded that my client had very strong pedal pulse in his right and left foot, months after his left foot had been amputated.

A nursing home claimed our client ate 100% of her lunch three days in a row, weeks after a feeding tube had been put in and she was unable to eat.

Sometimes, overworked nursing home employees chart what they meant to do or were supposed to do – not what they actually did. And sometimes, we can prove their records are holly-cock. Baloney. Made up. False. Fraudulent.

So when I read an 8 million dollar verdict, I assume the following: a cover-up. Jurors don’t like when people and corporations lie. so they responded with an award for the plaintiff.

And defense counsel, his response? “We categorically deny that there was any cover-up whatsoever.” “No abuse or neglect was ever substantiated.” Yeah, right.

Lauren Ellerman
Lauren Ellerman

In 2011, Lauren Ellerman was named "Young Lawyer of the Year" by the Roanoke Bar Association for her work in the community. To speak with Lauren about your personal injury case, contact her at lellerman@frithlawfirm.com.