Nursing Home Abuse in Missouri
It’s difficult to fathom anyone intentionally harming our senior citizens, but the unfortunate truth is that nursing home abuse in Missouri is a problem; one that extends across the nation. No matter where you live, choosing to move a beloved family member into a nursing home or assisted living facility is an emotionally challenging decision for any family. Families typically dedicate considerable time to thoroughly researching potential locations that offer the highest quality of care.
It is reasonable to anticipate that the chosen facility will provide your loved one with appropriate care, treating them with the dignity they deserve and ensuring a secure environment. If, unfortunately, the nursing home staff or management breaches the trust you’ve placed in them and exposes your family member to abuse or neglect, you retain the right to promptly take legal action to safeguard the elderly victim and may be eligible to receive compensation for the mistreatment of your loved one.
The legal team at McShane & Brady, located in Kansas City, has experience in nursing home abuse and we staunchly uphold the belief that neither neglect nor any form of abuse – be it mental, physical, or financial – is acceptable. While offering compassionate and empathetic legal representation to our clients, we are equally prepared to assertively address those responsible, holding them accountable for their mistreatment and securing compensation for your loved one’s suffering.
What is Nursing Home Abuse and Neglect?
Instances of nursing home abuse and neglect can take on different forms, encompassing physical, emotional, financial, and even sexual abuse. Neglect typically arises from a failure to provide sufficient care, resulting in potential physical or emotional harm. Recognizing either can be challenging, either because the nursing home staff conceals it or due to the victim’s fear or inability to voice a complaint.
To establish a case of nursing home abuse or neglect in Missouri, the plaintiff must demonstrate that (1) the defendant nursing home owed a duty of care to the plaintiff, consistent with the duty nursing homes have toward their residents; (2) the nursing home, through its agents or employees, breached that duty of care by engaging in unreasonable or negligent conduct; (3) this negligence or unreasonable conduct resulted in injury to the plaintiff or exacerbated a pre-existing condition; and (4) injuries and damages were sustained as a consequence of the negligence.
Signs of Nursing Home Abuse and Neglect
In numerous cases of nursing home abuse and neglect, the elderly victim may not personally report their mistreatment, either due to incapacity or a sense of threat from their caregivers. It’s important to watch for signs that could indicate mistreatment. Common indicators of nursing home abuse and neglect include:
- Unexplained injuries such as bruises, cuts, or fractures.
- Emotional withdrawal or changes in behavior.
- Poor hygiene, bedsores, or weight loss.
- Sudden financial changes, unauthorized transactions, or unexplained modifications to estate planning documents.
- Staff refusing access to the resident or attempting to control interactions with family and visitors.
- Unsanitary living conditions such as soiled bed sheets, dirty clothing, or un-emptied trash bins.
What to Do if You Suspect Nursing Home Abuse in Missouri
- Ensure Immediate Safety – If you suspect immediate danger, ensure your loved one’s safety by removing them from the facility and seeking medical attention. Contact law enforcement if necessary. Be sure to voice your concerns with the facility administrators right away.
- Document Everything – Keep a detailed record of any signs of abuse or neglect, including dates, times, and descriptions of incidents. Take photos of injuries and keep any relevant documents, such as medical records or statements from witnesses.
- Speak with Your Loved One – Communicate openly with your loved one about their experiences and concerns. They may be afraid to speak out, so approach the conversation with empathy and reassurance.
- Report to Authorities – Contact the Missouri Department of Health and Senior Services to report the suspected abuse. You can reach them via phone at 1-800-392-0210 or file an online report. They can guide you on the appropriate steps to take and initiate an investigation.
- Consult with an Attorney – Reach out to an experienced personal injury attorney, like the compassionate team at McShane & Brady, specializing in nursing home abuse cases. An attorney can provide legal guidance, investigate the matter, and help you pursue justice for your loved one.
- Visit Other Facilities – If necessary, consider moving your loved one to a different nursing home that prioritizes their well-being. Research and visit potential facilities to ensure a safer and more supportive environment.
Don’t Wait To Contact An Attorney
If you suspect your elderly loved one is a victim of nursing home abuse within a Missouri facility, it’s crucial not to delay in contacting a seasoned attorney. Time limits, known as statutes of limitations, restrict the timeframe for filing a case. In Missouri, the general rule stipulates that nursing home cases must be initiated within 2 years from the date of injury. This aligns with the legal requirement for claims against medical care providers, as nursing homes fall under this category in the eyes of Missouri law.
Nursing Home Abuse Attorneys
At McShane & Brady, we are committed to advocating for the rights and dignity of the elderly in the greater Kansas City community. If you suspect your loved one is a victim of nursing home abuse or neglect in Missouri, take immediate action to ensure their safety. Remember that you are not alone—seek the support of the appropriate authorities and legal professionals to hold those responsible accountable.
Our attorneys are ready to assist you in seeking compensation and justice if you suspect your loved one is the victim of abuse or neglect in a Kansas City area nursing home. Get in touch with our firm immediately, to schedule a free consultation. We can be reached via phone at (816) 888-8010, or through our website. Together, we can work towards a future where our elders receive the care and respect they deserve.