Nursing Home Abuse Lawyers
in Kansas City, Missouri
Today, people are living longer, which often raises questions about long term care. For those who are unable to care for themselves, it may be necessary to enter a skilled nursing facility. Although many nursing homes provide residents with quality care, incidents of injuries, abuse and neglect are far too common.
A Noland Law Firm nursing home abuse lawyer serves Liberty, Kansas City, Independence, Gladstone and Blue Springs residents and is dedicated to protecting the rights of the most vulnerable members of our society. We believe that nursing homes who are negligent in the care of elders and other residents must be held accountable. If you or a loved one has been the victim of abuse or neglect, we can help you obtain just compensation.
Table of Contents
How is nursing home abuse defined in Missouri?
In Kansas City, Missouri, nursing home abuse is defined under state law as illegal mistreatment falling into three categories: abuse, neglect, and financial exploitation.
- Abuse involves the infliction of physical, sexual, or emotional harm on a resident.
- Neglect occurs when a care provider fails to deliver essential services, putting the resident’s health, safety, or well-being at risk, or causing a substantial likelihood of death or serious physical injury.
- Financial exploitation includes using deception, intimidation, or force to unlawfully control a resident’s property, with the intent of depriving them of its use or benefit.
Understanding these definitions is crucial for identifying and preventing mistreatment in Kansas City nursing homes.
Instances of nursing home abuse, as defined in Missouri, are often subtle and can remain unnoticed for extended periods. When a report is filed, the severity of the abuse determines its classification:
Class 1 – Critical
Characterized by life-threatening conditions, there is an imminent danger for the victim. Approximately 91 percent of victims receive contact within 24 hours of the report.
Class 2 – Significant
While the abuse may lead to harm or personal injury, it is not considered life-threatening. Contact is typically made within one week, with an 86 percent success rate.
Class 3 – Additional Information
This classification involves supplementary details added to a previously filed report, often serving as additional insights rather than indicating an immediate threat or harm.
What are warning signs of nursing home abuse or neglect?
Identifying signs of nursing home abuse or neglect is vital for protecting your loved ones in Kansas City. While physical abuse may be visible through bruises or injuries, other forms, like emotional or financial abuse, can be harder to detect.
- Physical Abuse: Look for unexplained bruises, cuts, or injuries. If you suspect harm, ensure the resident’s safety and report it to the facility administrator or local law enforcement.
- Emotional Abuse: Indicators include sudden changes in mood, withdrawal, anxiety, or fear of specific staff members.
- Sexual Abuse: Warning signs include unexplained bruising around private areas, sudden difficulty sitting or walking, or new STDs.
- Financial Exploitation: Watch for missing belongings, unexplained bank account activity, or sudden financial distress.
- Neglect: Bedsores, weight loss, poor hygiene, malnutrition, dehydration, or unsanitary conditions may indicate neglect.
If you observe any of these warning signs, report them immediately to the appropriate authorities to protect the well-being of your loved one.
How long do I have to bring a nursing home abuse and neglect case in Missouri?
Understanding the concept of “Statute of Limitations” is crucial when considering nursing home abuse and neglect cases. The Statute of Limitations refers to the legal timeframe within which a resident must file an action. Failure to do so within the stipulated time limit may result in the inability to pursue a claim.
In Missouri, nursing home abuse and neglect cases involve various potential statute of limitation periods, depending on the nature of the harm inflicted:
Medical Malpractice: If a resident experiences injuries due to neglect and survives, a medical malpractice claim against the facility and involved employees can be pursued. The claim must be filed within two years from the date of discovering the injury or when it reasonably should have been discovered. In cases where the resident is unable to bring a case due to dementia, the power of attorney or guardian can act on their behalf.
Wrongful Death: In instances where a resident is wrongfully killed due to nursing home abuse, neglect, or negligence, a three-year statute of limitations applies for filing a wrongful death case. Section 537.080 of Missouri statutes outlines the eligibility criteria for filing a wrongful death lawsuit. The first class of claimants includes parents, spouse, and children (or lineal descendants of deceased children). If there is at least one person in this first class, they have the right to bring the lawsuit. If the decedent had no surviving parents, was never married, and had no children, the second class of claimants, comprising the decedent’s siblings or their descendants, becomes relevant.
It is imperative for residents or their legal representatives to initiate a claim within the applicable time limits to prevent potential legal challenges.
Damage caps in nursing home abuse are unconstitutional in Missouri
In Missouri, the imposition of “damage caps” in nursing home abuse cases has been deemed unconstitutional by state courts. Unlike some states that place arbitrary limitations on compensation for victims injured or killed due to the wrongful actions of others, Missouri does not enforce damage caps in personal injury or wrongful death claims.
Specifically, in lawsuits related to wrongful death, there are no restrictions on the damages that can be recovered. These may encompass pecuniary losses, funeral expenses, services, consortium, companionship, comfort, instruction, guidance, counsel, training, support, and the suffering experienced by the deceased before their death. It’s important to note, however, that the wrongful death statute in Missouri does not allow for damages related to grief and bereavement during the mourning period following the death.
Contact our Nursing Home Abuse Lawyers Today
If you or know a loved one that is the victim of nursing home abuse in Liberty, Gladstone, Independence, Blue Springs, Excelsior Springs, Kearney, Smithville, Saint Joseph, North Kansas City, and throughout the greater Kansas City area, it is worth hiring a victim of nursing home abuse lawyer from Noland Law Firm to help settle your case with knowledge and compassion. Contact us today to schedule a free consultation, or please call us at (816) 781-5055 to discuss your personal injury case.
