Nursing Home Abuse and Neglect Attorneys in Olathe, KS
Aggressive representation for victims of nursing home abuse in Kansas
The elderly population grows each year, and many will choose to live out the rest of their days in a nursing home. In other cases, the family may need to make the difficult decision to place an elderly loved one in an assisted living facility. Regardless of the reason behind why a loved one is in the care of others, their safety and security should be of the utmost importance. When it is not and they are hurt, the negligent parties must be held responsible.
When nursing home abuse or neglect is present, there are legal options. The Olathe nursing home abuse attorneys of Kansas City Accident Injury Attorneys have nearly four decades of experience handling cases involving nursing home abuse and neglect, as well as other senior care rights cases. There are various parties that can be held liable for abuse, and our injury attorneys can and will file negligence claims against nursing homes. Call us today to get started.
Why is elder abuse common?
The elderly population is one of the most vulnerable and this means that predators can easily take control of them. Like children, seniors may have physical and cognitive limitations that make it easier for a predator to take advantage of them. Some of these abusers can make it seem as though your elderly loved one hurt themselves by falling or slipping when in reality, the fall or injury altogether was caused by someone else.
Seniors may also be on a variety of medications that can often affect their memory. They may not remember how a particular bruise or cut occurred and if they do, they may be convinced or manipulated that it happened in a different way altogether. In some cases, even if the nursing home resident can articulate and remember the incident, they are not believed because they have a cognitive condition like dementia or Alzheimer’s.
How many nursing home residents are abused?
The definitive number of abused seniors is unknown, since many nursing home residents do not come forward or cases are not reported. It has been found by the National Council on Aging that only 24 cases of abuse are reported. Abuse and neglect have only increased over the years and with underreporting there is no way to truly know how many residents are being abused.
What are the different forms of nursing home abuse?
Nursing home abuse and neglect can take many forms. The most common forms include:
- Abandonment: This form of abuse is difficult for many families to fathom. It occurs when a senior is abandoned or left alone in a public place. This can also happen if they are deserted in a long-term care center. The act must be intentional.
- Neglect: Nursing home residents often require additional levels of support for basic life skills. This type of abuse occurs when a caregiver intentionally fails to provide caretaking duties. This includes tasks such as failing to provide food and water, failing to provide medical devices, medications, or services needed, failing to assist with personal hygiene needs, as well as others.
- Financial Abuse: There are several ways this type of abuse can happen, such as writing a check without the consent of the senior from their account. It is essentially the use of a senior's assets without their explicit and cognitive consent. Manipulation and forgery also fall under this form of abuse.
- Sexual Abuse: Any non-consensual sexual act between the senior resident and their caretaker or another resident is sexual abuse. This can take several forms like coerced nudity, sodomy, sexual photography, and others.
- Emotional Abuse: Caregivers can often partake in this form of abuse when they intentionally use nonverbal and verbal communication or actions that cause distress or pain in a senior. This can be in the form of insults, threats, or social isolation.
- Physical Abuse: You may be familiar with this type of abuse as it is often the most common and the easiest to identify. This occurs when a caretaker uses physical force to cause injury to a nursing home resident.
What are the signs of nursing home abuse?
they say prevention is worth an ounce of cure. Our Olathe nursing home abuse attorneys have a few signs to look for that may mean your loved one is being abused:
- Unexpected changes in weight (loss or gains)
- Fear of certain caretakers, staff, or other residents
- Changes in hygiene
- Bruising or blood around the anus or genitals
- Change in personality including withdrawal
- Bruising around the ankles or wrists
- Untreated and unexplained injuries
If you notice these signs, you should speak with an administrator as quickly as you can, to alert them to the potential problems. Then, contact the Office of the Kansas Long-Term Care Ombudsman. You can find your regional Ombudsman here. The Ombudsman for Johnson County is:
Regional Long-Term Care Ombudsman, Region 3
Toll Free: 1-877-662-8362
Then, contact an Olathe nursing home abuse and neglect lawyer from our firm, and we can help you pursue a case for damages.
What is the nursing home Bill of Rights?
Any resident of a long-term assisted living facility or nursing home that accepts money from the Centers for Medicare & Medicaid Services (CMS) is entitled to certain rights. These rights are mandated under federal law, meaning no state is exempt. Some of those rights include:
- Be free from abuse and neglect
- Get proper medical care
- File complaints
- Be treated with respect
- Participate in activities
- Manage your own money
- Proper privacy and living arrangement
- Participate in resident groups
- Accepting or denying visitors
- Be informed of care
There are many other rights; for a full list head here.
Who is liable for nursing home abuse in Olathe?
There are several different parties that can be held liable for nursing home abuse or neglect, including:
- The facility owner: Facility owners must ensure that the home is safe and secure for residents. If they fail to do so they have breached their duty of care to residents. They can be held liable if the injury could have been avoided if they had made the home safer.
- The nursing home administrator: It is the duty of administrators to ensure that the right people are hired. If they did not vet caretakers and other staff members appropriately, they can be held liable for failing to keep residents safe. They are also in charge of handling complaints of abuse and neglect.
- Medical personnel: Doctors and nurses are mandated by law to report signs of abuse. If they do not, they can be held criminally liable. They can also be prosecuted if they acted negligently and partook in elder abuse in a nursing home.
- The abuser: The person who is abusing the senior will be the main party that is held liable for injuries and damages suffered by the nursing home resident. An abuser can not only be a caretaker or staff but also another resident.
Do you have a nursing home abuse and neglect lawyer near me?
Our Olathe office is located at 110 South Cherry Street, Suite 102. Call for an appointment. We also have other offices throughout Kansas and Missouri.
Work with an experienced Olathe nursing home abuse and neglect attorney
Seniors have the same rights as everyone else, and in their golden years they should be able to live a comfortable life. They should not be abused or neglected. Our Olathe nursing home abuse attorneys will investigate your claim and build a strong case against the negligent parties. If abuse is present, we will promptly file a personal injury lawsuit. If, unfortunately, your loved one has died because of the abuse or neglect they suffered we will file a wrongful death lawsuit. Call Kansas City Accident Injury Attorneys at 816-471-5111, or fill out our contact form for a free initial consultation.
110 S Cherry St Suite 103,
Olathe, KS 66061