Nursing Home Abuse Lawyers
in Liberty, 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 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.
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How is nursing home abuse defined in Missouri?
In accordance with Missouri law, nursing home abuse is defined through three categories of illegal mistreatment: abuse, neglect, and financial exploitation.
Abuse is characterized as the infliction of physical, sexual, or emotional harm or injury.
Neglect is classified as the failure to provide necessary services by any entity with a legal or contractual obligation to do so. Such failure must present either an imminent danger to the health, safety, or welfare of the client, or a substantial probability that death or serious physical harm would result.
Financial exploitation entails using deception, intimidation, or force to gain control over a person’s property with the intention of permanently and detrimentally depriving them of the use, benefit, or possession of that property.
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?
Recognizing warning signs of nursing home abuse or neglect is crucial for ensuring the safety and well-being of your loved ones. While certain forms of abuse, like physical abuse, may be evident through visible marks or bruises, others can be more subtle and challenging to detect.
In cases of suspected physical abuse, where visible harm is apparent, take immediate action:
- Ensure your loved one’s safety by removing them from any suspected danger or imminent risk of further harm.
- Report your observations or suspicions to an administrator at the facility.
- If intentional abuse is suspected, contact local law enforcement to initiate an investigation.
However, not all types of abuse or neglect manifest with visible signs. Emotional abuse, for instance, may be indicated by signs such as sadness, agitation, nervousness, or a fear of specific staff members.
Signs of sexual abuse include bruises or abrasions around private areas, evidence of sexually transmitted diseases, complaints of pain or irritation, or sudden difficulty sitting or walking. Financial abuse may be evidenced by missing items or property from the resident’s room, unexplained deficits in financial accounts, or signs of neglect.
Neglect signs encompass bedsores, sudden loss of mobility, poor hygiene, psychological changes, malnutrition, dehydration, unexplained injuries, unsanitary living conditions, over-medication, and indications of under staffing.
If you notice any of these signs, it is essential not to ignore them. Report your suspicions to the appropriate authority to initiate a thorough investigation by professionals in the field. This proactive step helps ensure the safety and well-being of your loved one in a nursing home.
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.
