Nursing Home Neglect & Abuse Lawyers

Nursing Home Abuse and Neglect Attorneys in Blue Springs, MO

Strong advocacy for victims of nursing home abuse in Missouri

Our population continues to age. Many people can reasonably expect to be alive in their 80s, 90s, and even their 100s. Some seniors choose to live in nursing homes for companionship. Many seniors choose to live in nursing homes because of health problems. All seniors in the Blue Springs region should make these choices based on the expectation that the nursing homes will be safe, and that the staff will not take advantage of the seniors in any way.

Sadly, some nursing homes are understaffed. Some nursing homes don’t full vet their employees. Many nursing homes should have better protocols in place to protect their residents. When your parent, grandparent, sibling, aunt, uncle, or friend is abused, the Blue Springs nursing home abuse attorneys of Kansas City Accident Injury Attorneys are ready to help. We speak with the senior, review what abuse or neglect is occurring, and how the senior is suffering. Many times, your loved one is not the only resident who is being abused. Our lawyers understand when and how to file claims against nursing homes. We’ll help stop the misconduct and protect your loved one. Call us today for more information.

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How common is nursing home abuse?

Getting older isn’t easy, even when you see all your doctors and follow their advice. Unfortunately, some nursing home staff members don’t know how to fully help seniors with physical and cognitive challenges. Worse, some staff members see the frailness of seniors as a chance to take advantage of them.

According to the World Health Organization:

  • About 1 in 6 people 60 years and older have experienced some form of abuse in community settings during the past year.
  • Senior abuse is higher in nursing homes and long-term care facilities.
  • Sadly, the rates of abuse have increased during the COVID-19 pandemic.
  • As the populations of countries age, the abuse of seniors is likely to increase.

According to Safer Senior Care, only about one in 24 cases of abuse is reported. Up to five million seniors are believed to be abused in America each year.

What are the different types of nursing home abuse?

The Missouri Department of Health and Human Services states that abuse is “the infliction of physical, sexual, or emotional injury or harm including financial exploitation by any person, firm, or corporation - and bullying.”

  • Physical abuse is usually the easiest type of abuse to spot. Physical abuse involves acts of force that may cause a resident to suffer an injury such as bruises, cuts, swelling, or bleeding. Physical abuse can also include the use of restraints, failure to give a resident his/her medications, failure to feed the resident, causing or not treating bedsores, and any other action that causes physical harm.
  • Emotional abuse is a very common type of nursing home abuse. This type of abuse includes verbal and nonverbal conduct designed to make the nursing home resident feel bad. Examples include yelling at a resident, giving the resident the silent treatment, isolating a resident from other residents, threats, and other misconduct.
  • Sexual abuse involves any non-consensual sexual conduct between the resident and the caretaker or another resident. Sexual abuse can include rape, assault, sodomy, nudity, sexual photography, and other conduct.

Financial abuse is defined by Missouri law as follows:

A person commits the offense of financial exploitation of an elderly person or a person with a disability if such person knowingly obtains control over the property of the elderly person or person with a disability with the intent to permanently deprive the person of the use, benefit or possession of his or her property thereby benefitting the offender or detrimentally affecting the elderly person or person with a disability by:

  • Deceit
  • Coercion
  • Creating or failing to correct false impressions
  • Undue influence
  • Many other methods

The Missouri Department of Health states that Missouri law defines neglect as:

The failure to provide services to an eligible adult by any person, firm or corporation with a legal or contractual duty to do so, when such failure presents 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 (192.2400, RSMo).

Examples include not giving the resident his/her meals, not providing medical services, not helping the resident with their hygiene, not providing stable paths for walking, and other neglect.

What signs of nursing home abuse should families look for?

Our Blue Springs nursing home abuse attorneys help family members and friends notice the signs of abuse. Examples include:

  • Changes in weight – losing or gaining too much
  • Changes in appearance and hygiene
  • Depression, anxiety, withdrawal, and other signs of emotional abuse
  • Fear of certain people in the nursing home
  • Bruising or blood around the anus or genitals
  • Injuries that can’t be explained
  • Bruises, bleeding, and/or swelling
  • Complaints about how they’re feeling

Family and friends who notice any of these symptoms should start by speaking with an administrator as soon as possible to alert them to the potential problems. You should also speak with the Office of the Missouri Long-Term Care Ombudsman. The Ombudsman for Jackson County is:

Angela Barnes, Scott Rowe
Mid-America Regional Council
600 Broadway
Suite 200
Kansas City, MO (64105-1536)
PHONE: (816) 474-4240
FAX: (816) 421-7758

You should also speak with our Blue Springs personal injury lawyers. We’ll explain your options and pursue the senior’s claims for damages and help stop any abuse from continuing.

What rights do Blue Springs nursing home residents have?

Most long-term assisted living facilities or nursing homes accept money from the Centers for Medicare & Medicaid Services (CMS). As such, they must guarantee the following rights to their residents:

  • Be free from discrimination
  • Be free from abuse and neglect
  • Exercise your rights as a U.S. citizen
  • Have your representative notified
  • Get proper medical care
  • Be treated with respect
  • Be free from restraints
  • Have protections against involuntary transfer or discharge
  • Participate in activities
  • Spend time with visitors
  • Form or participate in resident groups
  • Manage your money
  • Get information on services and fees
  • Get proper privacy, property, and living arrangements
  • Make complaints

Missouri also authorizes various rights for its long-term care and nursing home residents.

Who is responsible for nursing home abuse in Blue Springs?

Our Blue Springs nursing home abuse and neglect lawyers understand the unique challenges involved with filing lawsuits for abuse and neglect. Many seniors have difficulty expressing themselves. The nursing home will try to say the staff member is the only person responsible.

At Kansas City Accident Injury Attorneys, we pursue claims against the owner of the nursing home or long-term care facility.

The facility owners are generally required to follow federal and state safety protocols along with nursing home industry standards. Many times, the failures are because the owners failed to fully vet (run background checks on) their employees, failed to respond to complaints, or failed to hire enough quality staff members.

The abuser is liable for any physical, emotional, sexual, or financial abuse he/she causes. We work to show that the owners should be liable for the abuse or neglect of their employees – regardless of any neglect by the owner.

In addition to the owners, we pursue claims against nursing home administrators, medical personnel, and any other responsible parties.

When do I have to file the nursing home abuse or neglect claim in Missouri?

Generally, in Missouri, personal injury claims including nursing home abuse and neglect claims must be filed within five years of the date of the incident. Medical malpractice claims must be filed within two years from the date of the negligence. Wrongful death claims must be filed within three years of the date of the negligence. Some exceptions may apply.

Our lawyers will explain these outer limits. You should contact our Blue Springs nursing home abuse lawyers as quickly as possible so we can put the nursing home on notice and start the claim. Early intervention helps protect the senior’s claim and other seniors in the nursing home.

Do you have a nursing home abuse and neglect lawyer near me?

Our Blue Springs office is located at 705 SW 10th St, Suite 107. We meet seniors at the nursing home and the homes of family members if the senior cannot come to our office. We also have other offices throughout Missouri and Kansas. Call for an appointment.

We’ll explain to the senior and to family members when seniors may suffer from dementia or other cognitive disorders, what their rights are, and how a nursing home abuse and neglect claim works.

Speak with a seasoned Blue Springs nursing home abuse and neglect attorney now

Don’t wait. Seniors, by definition of their advanced years, need to file prompt claims to stop the abuse, to ensure that they can enjoy any recoveries, and so that other seniors in the nursing home don’t suffer.

Our Blue Springs nursing home abuse attorneys work aggressively to determine what type of abuse or neglect is happening, and who is responsible. We file personal injury claims for seniors who are living, and wrongful death claims if your loved one tragically died due to abuse or neglect. Call Kansas City Accident Injury Attorneys or fill out our contact form for a free initial consultation.

Nursing Home Neglect & Abuse Attorneys