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Noland Law Firm, LLC Legal Blog

Wednesday, June 13, 2018

New Legislation Expected to Combat Sexual Assaults in Missouri Nursing Homes

Q: How can sexual assault be reduced in nursing homes?

Missouri nursing home abuse attorneys, as well as nursing home residents and their loved ones, gained a victory when Missouri lawmakers recently approved legislation that "nursing and other group homes must report sexual assaults to law-enforcement" rather than just to state agencies as the current law mandates.

The measure, expected to be signed by the governor, would help prevent miscommunication between the facility, the family, and law-enforcement that in the past has reportedly resulted in roadblocks to the pursuit and conviction of elder sexual abuse and assault cases. The mandatory reporting to law-enforcement provision is expected to result in more prompt investigation and collection of evidence before cases "go cold" and a correspondingly higher prosecution and conviction rate in cases of sexual assaults against the elderly resident victims in such homes.

Personal injury actions related to elder abuse may stem from physical, sexual, or even emotional abuse. If someone is able to prove that the injuries they or their loved one suffered were caused by the negligent, reckless, or intentional actions or inactions of another person or entity, they may be entitled to compensatory damages in a personal injury lawsuit. Or if the victim died from their injuries in the assault, their closest surviving family members may be entitled to damages in a wrongful death action.

Compensatory damages in personal injury actions may include physical and psychological injuries of the victim for such things as current and anticipated future medical treatment and rehabilitation costs, psychological counseling, and more. Wrongful death cases brought by the victim’s surviving close family members are more complicated and the type of damages recoverable as well as which of the victim’s relatives have the standing to sue differs on a case-by-case basis.

If you or a loved one has been the victim of elder abuse by a caretaker at a private home or in a nursing home, the personal injury attorneys at Noland Law Firm can help maximize the compensation to which you may be entitled. Contact us today for a free consultation.

From our offices in Liberty, Missouri, we represent injured people and their families throughout the Kansas City metropolitan area and Western Missouri, including Clay County, Liberty, Blue Springs, Independence, and Gladstone.


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