Entrusting the care of a loved one to a nursing home facility, only to have that trust broken by acts of neglect or abuse, can leave a lasting emotional and psychological scar for victims and families. Nursing home abuse cases encompass a range of wrongful acts, including physical abuse, emotional abuse, neglect, and financial exploitation. These actions not only violate the dignity and rights of the elderly but also violate legal standards designed to protect them.
At Hollis Law Firm, our Kansas nursing home abuse attorneys and injury lawyers know how to navigate the most complex nursing home abuse cases and support victims during such challenging times. With an in-depth understanding of state and federal regulations governing nursing homes, combined with the skills to build a compelling case against those responsible for the abuse, we seek the economic and non-economic damages you deserve for the injuries you suffered.
What Is Nursing Home Abuse?
Elder abuse takes place when residents of long-term care facilities experience harm or distress due to the actions of their caregivers. This abuse can manifest in several forms, including the following:
- Physical Abuse: This involves the use of undue force that results in bodily harm or trauma to the resident. Common examples are slapping, shoving, inappropriate use of restraints, and choking.
- Sexual Abuse: This includes any unwanted sexual interaction forced upon a resident by a caregiver, ranging from inappropriate touching to sexual assault. It may also involve forcing the resident to witness sexual acts.
- Psychological Abuse: Actions intended to inflict emotional pain or distress on a resident fall into this category. This can be through isolation, verbal harassment, or manipulation, severely impacting the resident’s mental health.
- Financial Abuse: Occurs when a caregiver illegally or unethically exploits a resident’s finances, such as identity theft, unauthorized use of credit cards, or stealing personal belongings.
- Neglect: Neglect happens when a resident’s basic needs for food, hygiene, medication, or medical attention are not met, whether through oversight or deliberate omission.
Nursing home neglect is a serious issue that can lead to significant harm to residents, highlighting the need for accountability and vigilance.
Nursing home residents may endure one or several of these abuse types, each contributing to significant physical, emotional, and financial harm. Recognizing these forms of abuse is crucial for protecting vulnerable individuals in nursing homes and ensuring they get the care and respect they deserve.
Liability in Nursing Home Abuse Cases
Determining who is responsible for the harm and distress experienced by your loved one in a Kansas City nursing home involves understanding who had a duty of care towards them. Missouri state law makes it clear that any individual or entity that breaches this duty, leading to your family member’s suffering, can be held accountable. Family members play a crucial role in advocating for their loved ones and seeking justice when abuse or neglect occurs.
After conducting a detailed examination of your nursing home abuse case, our legal team might find that responsibility lies with one or several of the following parties:
- Individual caregivers
- Certified Nursing Assistants (CNAs)
- Other nursing home personnel
- Medical professionals such as doctors and nurses
- The nursing home’s management team
At Hollis Law Firm, we are committed to meticulously assessing the circumstances surrounding your loved one’s case to pinpoint who directly or indirectly contributed to their distress. With liability established, our Kansas nursing home abuse attorneys are prepared to aggressively seek compensation from all parties found to be at fault.
Recoverable Damages in a Successful Nursing Home Abuse Case
In a nursing home abuse lawsuit, victims can seek compensatory awards, which are divided into economic and non-economic damages, to address the various impacts of abuse and neglect.
Economic damages aim to cover the direct financial costs incurred from the abuse, including the following:
- Costs for emergency and ongoing medical care, such as ambulance rides, hospital stays, surgeries, and current medical bills.
- Expenses for future medical needs and treatments.
- Costs associated with moving to another nursing home or assisted living facility.
- Expenses for rehabilitation and therapy.
- Compensation for any financial losses experienced.
Non-economic damages, on the other hand, acknowledge the emotional and physical suffering that doesn’t have a direct monetary value. These can include the following:
- Mental anguish and emotional distress.
- A decline in life quality.
- Persistent physical pain.
- Experiences of depression, anxiety, and PTSD
- Scarring or disfigurement.
- Feelings of humiliation.
Should evidence reveal that the abuse was intentional or resulted from gross negligence by the facility, punitive damages might also be pursued. These are meant to punish the wrongdoers and prevent future misconduct. The amount of compensation varies significantly from case to case.
Consulting with a Kansas nursing home abuse lawyer is essential for understanding your legal options and the potential timeline of your case, as well as for getting an estimate of the compensatory amounts relevant to your specific situation.
Frequently Asked Questions About Kansas City Nursing Home Abuse Claims
What should family members do if they suspect nursing home neglect?
If you believe a loved one is experiencing nursing home neglect, it’s essential to document any signs, such as poor hygiene or lack of medical attention. Consult a nursing home abuse lawyer to understand your legal options and hold the assisted living facility accountable for any harm.
How can physical abuse in a nursing home be identified?
Physical abuse may show as unexplained injuries like bruises, broken bones, or marks from restraints. Family members should act quickly to report such signs and work with a nursing home abuse attorney to investigate and pursue justice for their loved ones.
What legal actions can be taken for elder abuse in an assisted living facility?
Victims of elder abuse, including physical, psychological, or financial harm, can file lawsuits against responsible parties. A nursing home abuse lawyer can help you seek compensation for damages caused by negligence or intentional harm within an assisted living facility.
What is the difference between nursing home abuse and nursing home neglect?
Nursing home abuse involves intentional harm, like physical or emotional abuse, while nursing home neglect refers to failure to meet basic needs such as food, hygiene, or medical care. Both can cause severe harm, and a nursing home abuse attorney can help address both forms of mistreatment.
Can family members file a claim for financial abuse of a resident in a nursing home?
Yes, financial abuse occurs when caregivers exploit a resident’s finances, such as through unauthorized use of bank accounts. Family members should report this to authorities and consult a nursing home abuse lawyer to recover losses and hold the responsible parties accountable.
