Facility negligence claims based on federal law dismissed

A federal judge has told the plaintiff suing a Kentucky nursing home that he could not proceed with his negligence per se claims based on violations of standards set by federal law or state licensing regulations.

However, Judge Thomas B. Russell of the U.S. District Court for the Western District of Kentucky, told Kenric Wise he could proceed with his claims against Pine Tree Villa LLC under the state's long-term care residents' rights law and the Kentucky Adult Protection Act (KAPA).

Wise's suit claims the treatment he received while he was a resident of Louisville-based Pine Tree between June 2013 and March 2014 “accelerated the deterioration of his health” and allegedly included “pressure sores, over medication, choking, malnutrition and loss of personal dignity,” according to Bloomberg News services.