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Injury Attorney Helps Victims Of Medical Negligence In Kansas City
An experienced injury attorney represents victims in cases involving medical negligence and/or abuse in nursing homes and similar types of elder care facilities in Kansas City. Proving liability can be complicated, but many times the causes of injuries are obvious, making it fairly straightforward for an injury attorney to determine who is legally responsible. In cases where the evidence is unclear or incomplete, an injury attorney has the ability to investigate further to prove a medical negligence or abuse claim.
Nursing home negligence in Missouri has become a pervasive issue, and a Kansas City injury attorney plays an important role in defending elderly individuals who have been harmed. For example, statistics show that over 26 percent of nursing homes dispense unnecessary drugs to residents. Known as “chemical restraints,” drugs are often used to control the behavior of elderly residents, by keeping them more sedate, and restricting movement.
Nursing homes, convalescent homes, senior retirement residences and elder care facilities in Missouri are governed by laws that protect residents. Many residential care facilities in Kansas City accept Medicare, and in doing so are required to follow Federal Regulations which set forth the standard of care they must operate under. This means that the facility must ensure that the resident’s environment remains as free of accident hazards as possible; and that each resident receives adequate supervision and assistance devices to prevent accidents. If the nursing home fails to comply with these regulations and a resident is injured, the nursing home is liable to be sued. [42 DFR§483.25 (h)]
When a personal injury or incident of negligence occurs, an injury attorney acting on behalf of the resident or their family representative can file a lawsuit against those responsible. Compensation for this type of case is based on the victim’s injuries and other losses and may include additional money for irresponsible and violent behavior. The three basic elements that determine the value of a medical negligence case are economic damages (expenses and financial losses such as medical bills or stolen money); non-economic damages (compensation for the victim’s pain and suffering) and punitive damages (additional financial compensation intended to punish, and prevent someone’s careless or harmful behavior). Of significance, settlement agreements offer less compensation than trial verdicts, but their case values can still range in the millions. Cases of wrongful death, in particular, have some of the highest case values.
The injury attorney, after fully investigating all the factors of the case, and in accordance with the client’s wishes, will make a decision whether or not to pursue the case at trial. Further, the attorney will estimate the case values to determine how much compensation to ask for. Settlement negotiations with opposing counsel generally take place to avoid a trial and often settles out of court. Depending on whether the case goes to trial or is settled beforehand, the case value may also be determined by a jury, other parties, or the lawyers in the case.
When you feel that your rights or the rights of a loved one have been violated due to medical negligence or abuse, you should contact a Kansas City injury attorney. Under the law, you have the right to be fully informed, to participate in your own care, the right to be free from abuse, exploitation or neglect, and more. Specifically, you have the right to refuse medication or certain treatments. Your care facility must honor your requests, and if you or your family members notice that your caregivers are not respecting your wishes, an injury attorney can ensure that your rights are upheld, or assist your family members in filing a report with Missouri governmental authorities.
If you or a loved one has been the victim of medical negligence or abuse, we can help. At the Noland Law Firm, we believe skilled nursing facilities have an obligation to provide proper care to their residents. We offer you knowledge and compassion, help you obtain meaningful compensation, and ensure that the appropriate care is being provided. We serve individuals and families in the greater Kansas City area.
Noland Law Firm, LLC
34 Westwoods Drive, Liberty, MO 64068
Seaport office park, Town Hall building