Kansas City's Nursing Home Negligence Lawyer

Types Of Nursing Home Claims We Handle

Nursing home claims can take many different forms. They can allege many different types of abuse, neglect, exploitation, or violation of rights. Some of the claims our firm handles for nursing home residents or their families include:

• Physical Assault
• Improper Use of Restraints
• Psychological and Emotional Abuse
• Financial Abuse or Exploitation
• Malnutrition
• Dehydration
• Forced Feeding
• Bedsores
• Wandering and Elopement
• Preventing Visitors or Communication
• Wrongful Death

Common Signs Of Physical Or Verbal Abuse And Neglect

Sadly, residents of nursing home abuse or neglect often suffer from the following consequences:

• Bed injuries/asphyxiation
• Dehydration
• Emotionally upset or agitated
• Extremely withdrawn and non-communicative
• Falls, fractures or head injuries
• Infections
• Instances of wandering/elopement
• Malnutrition
• Pressure ulcers (bed sores)
• Rapid weight loss or weight gain; signs of malnutrition
• Reluctance to speak in staff members’ presence
• Unexplained or unexpected death of the resident
• Unexplained injuries such as wounds, cuts, bruises or welts in various stages of healing
• Unsanitary and unclean conditions
• Unusual or sudden changes in behavior (fear of being touched, sucking, biting, rocking)
• Wanting to be isolated from others

Other Warning Signs Of Physical Or Verbal Abuse And Neglect

Because we cannot be with our loved one 24/7 and we trust the nursing facility to care for our loved one, we may suspect an issue but not know whether inappropriate care is happening behind the closed doors of the facility. Some of the warning signs that abuse or neglect may be occurring, include:

• Injuries requiring emergency treatment or hospitalization
• Any incident involving broken bones, especially a fractured hip
• Any injury or death occurring during or shortly after an episode of wandering (including outside the facility)
• Heavy medication or sedation
• One resident injures another resident
• The resident is frequently ill, and the illnesses are not promptly reported to the physician and family

Nursing Home Residents Have Rights

Luckily many states have statutes that allow those who have been injured more of a chance to fully recover. For instance, under the Missouri Omnibus Nursing Home Act, nursing home residents have many rights. When a nursing home resident’s rights are violated, the resident or the resident’s authorized representative may have a statutory claim for damages under this Act. Unlike most personal injury cases, a nursing home resident does not have to prove negligence or recklessness to succeed in a claim under these statutes. Instead, you only have to prove that the resident’s rights were violated, and that the violation caused some actual injury or damages. The resident’s rights under the Act include:

• Right to be free from mental and physical abuse
• Right to manage their own finances
• Right to have their own clothes and to have their personal property in their room
• Right to choose their own physician
• Right to participate in decisions about their medical care
• Right to be free of restraints, including physical restraints such as straps or chemical restraints such as unnecessary sedatives
• Right to private, unimpeded visits and communications
• Right to leave if they wish to be discharged
• Right to make grievances when they feel their rights are being violated
• Right to refuse to perform work inside the nursing home
• Right to confidential treatment

The protection afforded by the Missouri Omnibus Nursing Home Act, R.S.Mo. §198.003, et seq., is the right to be “free from mental and physical abuse.” Owners and operators of a long-term skilled nursing facility licensed by the State of Missouri are subject to the Act. Any resident or former resident who is deprived of any right created by the Act, or the estate of a former resident so deprived, must file a written complaint with the office of the attorney general describing the facts surrounding the alleged deprivation. The attorney general can initiate legal action. If the attorney general fails to initiate legal action, the complainant may bring a civil action in an appropriate court against any owner, operator or the agent of any owner or operator to recover actual damages. Damages afforded under this Act are primarily for lifetime pain and suffering of the resident or decedent, together with funeral expenses and expenses of last illness plus claim for punitive damages and for attorney’s fees. The ability for the Court to award punitive damages under this Act and to award attorney’s fees to the prevailing party is a powerful arm of this claim.

Obtain the Compensation You Deserve – Speak to Our Kansas City Nursing Home Abuse Lawyers at Preuss | Foster Law.

People who reside in nursing homes are typically the most vulnerable and most in need of compassionate care. They are often elderly and in failing health. They may have dementia. They may have developmental disabilities. They may be at risk of skin breakdown. These residents require more professional care than they can receive at home with family. They often cannot advocate for themselves. As a result of these vulnerabilities, the staff and administrators in nursing homes hold a unique position.

In a nursing home negligence or nursing home abuse claim, you may be able to recover compensation for numerous categories of damage, including medical expenses, lost income that you experienced, loss of assets, funeral and burial expenses, pain and suffering, disability and disfigurement, loss of enjoyment of life, and attorneys’ fees.

If You’ve Been Hurt, We Can Help.

At Preuss | Foster Law, we have Kansas City injury lawyers experienced in successfully representing victims that are nursing home residents who have suffered abuse, neglect, or other violations of their rights. We offer compassionate representation to nursing home residents. Like you, we want to stop the neglect or abuse. We also want to make sure that the insurance company for the nursing home owners or licensees ultimately responsible for the neglect or abuse provides fair compensation for the harm caused.

Contact us today at (816) 307-2788 for a free consultation with a Kansas City nursing home lawyer.