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 City personal 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.
Time-Sensitive: Missouri’s Filing Deadline
Missouri law generally allows five years to file a nursing home abuse claim, but evidence from facility staff, records, and witnesses can disappear long before then. Acting early protects your case.
Hollis Law Firm has recovered $100M+ for clients in settlements and judgments. We handle cases on contingency, so you pay nothing unless we recover compensation for you. Free consultations are available now.
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:
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. Contact a Kansas City nursing home abuse lawyer if you need legal representation.
Common Causes of Nursing Home Abuse
Understanding why abuse and neglect occur in Kansas City nursing homes can help families recognize risk factors before serious harm takes place. While no facility should ever compromise resident safety, several recurring, systemic issues tend to contribute to unsafe conditions.
Understaffing
When a facility does not employ enough caregivers, the staff on hand are often rushed, leading to skipped protocols, ignored call lights, and a much higher likelihood that residents are harmed.
Inadequate Training and Hiring
Facilities that skip thorough background checks or fail to properly train staff on handling residents with complex medical or behavioral needs put vulnerable seniors at unnecessary risk.
Corporate Cost-Cutting
Many nursing homes are owned by companies that prioritize profit margins over resident care, often resulting in reduced staffing and neglected facility maintenance. Hazardous conditions caused by this kind of neglect can also give rise to a separate premises liability claim.
Signs and Symptoms of Nursing Home Abuse and Neglect
Nursing home residents are not always able to report abuse themselves, so family members should watch for the following warning signs during visits and phone calls.
Physical and Medical Signs
- Unexplained bruises, broken bones, or restraint marks
- Malnutrition or dehydration
- Bedsores or untreated wounds
- Frequent, unexplained falls
- Poor hygiene or soiled clothing and bedding
Behavioral and Financial Signs
- Sudden changes in mood or withdrawal from activities
- Fear or anxiety around a specific staff member
- Unusual bank withdrawals or changes to financial documents
- Missing personal belongings
- Staff reluctant to allow residents time alone with visitors
If a family member notices any of these signs, they should not wait to speak with a nursing home abuse lawyer about their legal options and next steps.
Liability in Nursing Home Abuse Cases in Kansas City
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 City 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 City 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.
What to Do If You Suspect Nursing Home Abuse
Taking prompt action after noticing signs of abuse or neglect can protect a resident’s safety and strengthen a future legal claim.
Ensure Immediate Safety
If a resident is in immediate danger, contact emergency services or facility management right away. Removing the resident from an unsafe situation always comes first, before any other step.
Document the Signs
Take photos of any visible injuries or unsafe conditions, and write down dates, times, and details while they are still fresh. If a treating physician’s negligence appears to be involved rather than facility staff alone, a separate medical malpractice claim may also apply.
Report to Missouri Authorities
Notify the Missouri Department of Health and Senior Services or the facility’s management in writing, and request a copy of any incident report that is created.
Consult a Nursing Home Abuse Lawyer
An attorney can help gather evidence, evaluate every liable party, and pursue full compensation on behalf of the affected resident and their family. Contact Hollis Law Firm for a free consultation.
Statute of Limitations for Missouri Nursing Home Abuse Claims
Under Missouri Revised Statutes Section 516.120, most personal injury claims, including nursing home abuse and neglect cases, must generally be filed within five years of the date the harm occurred.
Cases resulting in a resident’s death follow a different timeline. Missouri’s wrongful death statute generally allows three years to file, so it is important to confirm which deadline applies to a specific case as soon as possible after a loss.
Many nursing home residents are physically or cognitively unable to pursue a claim on their own behalf. In these situations, a family member, guardian, or person holding power of attorney can typically file the claim on the resident’s behalf, within the same filing window described above. An attorney can help confirm who has the legal standing to bring the claim and ensure the paperwork is filed correctly.
Waiting to pursue a claim can weaken it even when a filing deadline is not close. Surveillance footage, staffing records, and witness memories can fade or disappear well before a legal deadline arrives. Contact Hollis Law Firm to discuss your family’s options today.
Frequently Asked Questions About Kansas City Nursing Home Abuse Claims
Below are answers to some of the most common questions our Kansas City nursing home abuse lawyers receive from families.
