Overland Park Nursing Home Abuse Attorneys, Johnson County, KS
Skilled representation for victims of nursing home abuse in Kansas
At Kansas City Accident Injury Attorneys, our Overland Park nursing home abuse attorneys have been dedicated to protecting the rights of seniors for 30 years. We file personal injury claims against nursing homes and staff members who physically, emotionally, sexually, or financially abuse elders. We also file negligence claims when nursing homes fail to comply with acceptable nursing home standards. Whether your loved one lives in a nursing home near Overland Park or anywhere in Kansas, or you are local but your loved one lives out of state, we can help.
What is nursing home abuse?
Nursing home abuse is a form of elder abuse. Elder abuse is the intentional or negligent act of a caregiver that produces substantial harm to a vulnerable adult. According to the Centers for Disease Control and Prevention (CDC), there are one in 10 older adults over the age of 60 that experience abuse while living in the home.
The National Council on Aging reports up to five million older Americans suffer abuse annually.
What are the different types of nursing home abuse?
There are five classifications of nursing home abuse:
- Physical abuse. This involves the use of any force that causes the elder to experience physical pain. Some examples of physical abuse include hitting, pushing, slapping, kicking, and even burning the resident.
- Emotional abuse. This involves the intentional infliction of harm through verbal or nonverbal behaviors. Some examples of emotional abuse against nursing home residents include the “silent treatment,” verbal assaults, intimidation, isolation, and yelling. Nursing home residents who suffer from emotional abuse often experience of anxiety and depression.
- Sexual abuse. This includes any type of unwanted sexual activity between residents, or any sexual activity at all between a resident and a worker. Some examples of sexual abuse include sexual battery, forced nudity, sodomy, subjecting residents to sexually explicit material, and rape.
- Financial abuse. This is essentially theft, either through fraud or duplicitous means. Some examples of financial abuse include cashing checks without the resident’s permission, stealing, granting unauthorized powers of attorney to caregivers, and unusual bank withdrawals.
- Neglect. Neglect is a common form of abuse, and the only type of abuse that may not be malicious in nature. Understaffing and high turnover rates make it more likely, though there is no excuse for neglect. Signs of neglect include bedsores (for bedridden patients), malnutrition or dehydration.
Why is nursing home abuse so common?
Nursing home abuse happens for several reasons, including:
- Inadequate staffing. Nursing home centers suffer from chronic staff shortages. Unfortunately, nursing homes who experience a shortage of employees begin to cut corners, drop the standard of care, and neglect crucial responsibilities. With high turnover or untrained staff, nursing homes may fail to provide residents with the proper care and attention that they need.
- Job burnout. The duties of a caregiver can be stressful. Nursing home staff may find themselves frustrated and anxious, potentially taking their frustrations out on the nursing home residents. Caregivers \ can experience depression, anxiety, and fatigue. Some factors that can contribute to job burnout include unrealistic expectations, role confusion, unreasonable demands, and a lack of control.
- Improper training. Some caregivers are unfit to provide the necessary care for nursing home residents. Every nursing home has specific guidelines in place to make sure that all residents are properly taken care of. Improperly trained staff can harm nursing home residents by failing to follow the proper procedures.
What are the signs of nursing home abuse?
There are several signs that indicate that a resident is suffering from some sort of abuse. Some of the signs of physical abuse include:
- Signs of bruising
- Dehydration and malnutrition
- Poor personal hygiene
- Unexplained weight loss
- Broken or fractured bones
Some signs of emotional abuse include:
- Lowered confidence and self-worth
- Substance abuse
- Aggressive or violent behavior
- Suicidal thoughts and actions
- PTSD symptoms
Signs of sexual abuse include:
- Bruises around the genitals
- The presence of STDs
- Inappropriate physical contact
Some signs of neglect include:
- Malnutrition and dehydration
- New infections
- Unchanged bed sheets or filthy clothes
Signs of financial abuse include
- A sudden change to the power of attorney
- Unusual bank transactions and expenses
- Opening new bank accounts and credit cards
Who can be held liable for Overland Park nursing home abuse?
When an elder suffers abuse at the hands of a caregiver, the caregiver needs to be held liable for the elder’s injuries. Nursing homes are the primary party responsible when a resident suffers injuries. Nursing home staff have a responsibility to provide a high standard of care to all residents. If it is proven that the nursing home staff member acted in a negligent manner, he or she can be held accountable for the resident’s injuries. Other parties that can be held include the nursing home’s administrative staff, the nursing home caregivers, and other nursing home residents, depending on the circumstances of your loved one’s injuries.
What types of rights are afforded to nursing home abuse victims?
Nursing homes and residential facilities have an obligation to provide a safe living space for their residents. There are nursing home abuse laws at the federal and state level that require nursing home centers to provide the best possible care to their residents, including Kansas Resident’s Rights. Under these laws, nursing home residents have the power to take legal action if they are mistreated. Nursing home residents also have the right to participate in decisions that revolve around their care.
How can an Overland Park nursing home abuse attorney help?
The team at Kansas City Accident Injury Attorneys has 30 years of experience fighting for nursing home abuse victims. We file personal injury claims against nursing homes and staff members who physically, emotionally, sexually, or financially abuse residents and the elderly. We also file negligence claims when nursing homes fail to comply with acceptable nursing home standards. We fight to hold nursing homes and staff liable for the pain and suffering, medical expenses, and lost income they cause our vulnerable members of society.
Is there a nursing home abuse attorney near me?
Kansas City Accident Injury Attorneys Overland Park office is located at 11900 College Blvd, next to Central Bank. It is available to you through appointment. We also maintain additional offices throughout Kansas and Missouri.
Our Overland Park nursing home abuse attorneys are here to help
Selecting a lawyer is a critical step in asserting your rights. Rest assured that at Kansas City Accident Injury Attorneys, we work on your nursing home abuse claim personally. Our Overland Park trial lawyers have earned the respect of former clients, insurance adjusters, and defense lawyers. We can help. To discuss your nursing home abuse claim, call us at 816-471-5111 or fill out our contact form to schedule your free consultation.
Overland Park Office
11900 College Blvd, Suite 301
Overland Park, KS 66210