Seniors deserve to spend their golden years being properly cared for. We expect residents at nursing homes, senior communities, and assisted-living facilities to receive proper treatment, regular meals, and compassionate treatment. Unfortunately, these vulnerable seniors can become the targets of abuse, neglect, and exploitation.
When seniors are mistreated at nursing homes, CPY Law is here to protect the vulnerable and seek accountability. Our Kansas City personal injury lawyers can help get seniors citizens to safety and spare other nursing home residents from further neglect and harm.
We’re ready to lead the fight forward for people who cannot fight for themselves. For a free, no-obligation consultation with our nursing home abuse lawyers in Kansas City, MO, contact our law firm today.
Types of Nursing Home Abuse and Neglect
Mistreatment can take many forms. Here are the different kinds of nursing home abuse and neglect that can occur at Kansas City nursing homes and senior communities.
Physical Abuse of Elderly Residents
Physical abuse may involve striking, restraining (physically or chemically), choking, or pushing an elderly person at a senior community or nursing home.
Neglect and Lack of Care
Neglect may involve withholding food or water from a nursing home resident. Neglect can also involve withholding medication or not cleaning beds, clothing, individual rooms, or common areas.
Emotional and Psychological Abuse
Psychological abuse may include insulting or belittling residents of an assisted-living facility. This form of abuse can also involve isolating people or making threats of violence or other kinds of harm.
Sexual Abuse and Misconduct
Sexual abuse includes rape, sexual assault, coercion to perform sexual acts, sexual harassment, or any kind of non-consensual contact or advances on nursing home residents.
Financial Exploitation of the Elderly
Financial exploitation includes forcing a nursing home resident to share account numbers or other financial information, theft of credit cards or money, or seeking power of attorney or other influence over a senior’s finances.
Common Warning Signs of Abuse and Neglect at a Nursing Home
If you have a loved one in a senior community, there are certain red flags you should know. These are common warning signs of elder abuse and neglect at Kansas City nursing homes.
Physical Signs of Abuse or Neglect
- Unexplained Bruises, Cuts, or Other Injuries: If your loved one has frequent injuries, severe injuries like broken bones, or seems to suffer from multiple falls, that’s a red flag for nursing home abuse.
- Bedsores: Also called pressure ulcers, these painful wounds occur when a nursing home resident is left in one position for too long without proper care or attention.
- Dehydration and Malnutrition: If your loved one is losing weight rapidly or showing signs of dehydration, it could be a sign that the nursing home is neglecting their basic needs.
- Poor Hygiene: Unwashed hair, body odor, a greasy face, and soiled clothing are immediate signs of poor hygiene at a nursing home.
Behavioral Signs of Abuse or Neglect
- Fear of Certain Staff Members: If your loved one appears fearful or agitated around specific caregivers, this is often a strong indicator of nursing home abuse.
- Withdrawal or Depression: If your loved one seems increasingly withdrawn, anxious, or depressed, it might be because of mistreatment by staff at a nursing home.
- Sudden Changes With Personality: Dramatic shifts in behavior, such as aggression or confusion, may point to emotional abuse or the side effects of improper medication.
Understaffing at the Nursing Home
When nursing homes are understaffed, the risk of abuse, neglect, and exploitation increase. A lack of staff at a nursing home could lead to delayed care, inadequate monitoring of residents, lack of nutrition or hydration, unsanitary conditions, and untreated injuries or illnesses.
When you are visiting a loved one at a nursing home, be mindful of any long wait times, complaints about delayed meals or care, lack of visible staff members during your visit, and any signs of disrepair on the premises.
What Should I Do If I Suspect My Loved One Is Being Mistreated in a Nursing Home?
If you notice any red flags of abuse or a loved one has told you about poor treatment at a nursing home, take it seriously and act decisively. You do not need to prove that abuse has happened if you have reason to believe your loved one could be harmed.
Get Your Loved One to Safety
The first thing to do is ensure your loved one’s immediate safety. Do not leave them in an abusive or harmful environment. If your loved one is in danger, call 911. Once your loved one is in a safe place, you can then start providing the care and dignity they deserve as you seek accountability.
Get Your Loved One Medical Attention
Abuse and neglect can take a major toll on a senior’s physical and mental health. Ensure that your loved one gets proper medical attention. Seek immediate care from a medical professional for any injuries.
Document All Signs of Mistreatment
Record all signs of abuse and neglect at the nursing home. Take photos of any visible injuries, including bruises, cuts, or bedsores. Write down any unusual behavior or changes in your loved one’s demeanor. These kinds of records can help build a strong case.
File a Complaint with the Nursing Home Itself
Speak with the nursing home administrator or head of nursing. Let them know what happened and which staff members were involved. When making this complaints, make sure to put it in writing and retain any correspondence with the nursing home staff or representatives.
Report the Mistreatment to the Missouri DHSS
Reach out to the Missouri Adult Abuse and Neglect Hotline to report what has happened. This will ensure that the matter is investigated by the Missouri Department of Health and Senior Services (DHSS).
Contact a Nursing Home Abuse and Neglect Attorney
The next critical step is to contact an experienced Kansas City nursing home abuse attorney. The lawyers here at CPY Law can guide you through the legal process and ensure that your loved one’s rights are protected. We’ll lead the fight forward.
Who Can Be Held Liable for Nursing Home Abuse and Neglect in Missouri?
When nursing home abuse or neglect happens in Kansas City, the following parties can be held accountable depending on the circumstances of the case.
- Individual Caregivers or Nursing Home Employees: Individual staff members or abused, neglected, or exploited residents can be held liable for their actions.
- Administrators and Managers at the Nursing Home: Administrators or managers at a senior facility can be held liable if they turned a blind eye to complaints of abuse, neglect, and exploitation.
- Nursing Home Operators or the Facility Itself: The parent company that operates the nursing home and other interests who have a stake in the facility may be held accountable if top-down decisions contributed to abuse or substandard care.
- Other Visitors or Residents at the Nursing Home: Sadly, other nursing home residents or visitors at the facility may be responsible for mistreatment or exploitation. If another senior or a person who regularly visits the facility is the perpetrator of abuse, this person can be held liable.
Compensation in Nursing Home Abuse Claims
Compensation for nursing home abuse and neglect includes economic damages (tangible and measurable financial losses) and non-economic damages (subjective and intangible losses). While working with you, our Kansas City elder abuse attorneys can evaluate how much your case is actually worth.
- Medical Expenses: This includes any hospitalization, additional medical care, visits with specialists, and mental health counseling.
- Damage/Loss of Property: This includes the cost of replacing any items that were stolen, damaged, or discarded while in the care of an assisted-living facility or nursing home.
- Financial Losses: This includes compensation for any money that was withdrawn or transferred from an elderly person’s account or reimbursement for purchases made with the elderly person’s money or credit cards.
- Pain and Suffering: This includes emotional distress, mental anguish, lingering pain from injuries endured, and any ongoing sleep disturbances.
- Lower Quality of Life: This includes a loss of interest in hobbies, a reduced sense of happiness or general well-being, and any strain on relationships after a traumatic experience.
Compensation for the Death of a Loved One in a Nursing Home
If you lose a family member because of abuse or neglect at a nursing home, you have our deepest sympathies. There are no words that can match the heartbreak, pain, and anger you feel.
When you feel ready to speak with an attorney about your next steps, we can discuss filing a wrongful death lawsuit. Compensation in a wrongful death claim can help cover funeral expenses, any grief or bereavement counseling, and the pain of losing your loved one.
How Long Do I Have to File an Elder Abuse Lawsuit in Kansas City, MO?
The statute of limitations to file an elder abuse claim depends on the nature of what happened.
- For injuries or financial loss at a nursing home, you typically have five years from the date of the incident to file a lawsuit (RSMo § 516.120)
- For fatal incidents involving elder abuse or neglect, you typically have three years from the date of death to file a lawsuit (RSMo § 537.100)
Even though you have some time to take legal action, it’s best to contact our Kansas City nursing home abuse and neglect attorneys as soon as possible. Our lawyers can help secure key evidence for an investigation and start building a strong case.
Why Choose CPY Law for Elder Abuse Cases in Kansas City
People throughout Kansas City know they can trust CPY Law to hold nursing home staff, administrators, and parent companies accountable for elder abuse or neglect. We want seniors and their families to focus on healing while we handle the legal fight.
Here’s why people throughout Jackson, Clay, Platte, and Cass counties trust our law firm.
- Reliability and Legal Excellence: The team at CPY Law has decades of legal experience in Missouri. We work closely with clients to identify the best solutions for their cases.
- We Hold Ourselves Accountable to You: When you hire our lawyers for an elder abuse case, we will own the problem and lead the fight forward. We will do what we say, and we will ask the same of our staff and colleagues.
- Free and Confidential Case Reviews: At CPY Law, you don’t have to worry about upfront legal fees. Consultations are free, confidential, and no obligation. We want to hear what happened and give you our honest opinion about your best options.
- Clients Pay Us Nothing Unless We Win: CPY Law works on a contingency fee basis. That means our lawyers only get paid after your elder abuse case is successfully resolved. If we don’t win, you pay nothing.
Contact Our Kansas City Nursing Home Abuse Attorneys Near You
Seniors deserve to be treated with dignity and respect. If you are a nursing home resident or you have a loved one who’s experienced elder abuse, the team at CPY Law wants to help. For a free consultation with a qualified nursing home abuse and neglect lawyer, contact our Kansas City law firm today.
Frequently Asked Questions About Nursing Home Abuse in Kansas City
These are some of the most common questions we’ve heard from senior citizens who’ve experienced abuse and people worried about their loved ones in assisted-living facilities.
Will filing a nursing home abuse complaint endanger my loved one and other residents?
Potentially, yes. This is a concern we hear from many family members. If you feel that your loved one might be harmed because of a complaint or that the well-being of other residents is in jeopardy, call 911 so local law enforcement can address any immediate safety threats.
What happens if the nursing home tries to move or discharge my loved one after a complaint?
While nursing home residents are protected from retaliation by Missouri law, there is a risk of your loved one being the target of a retaliatory action. This may include being discharged by the nursing home or being moved to a hospital or other medical facility.
Nursing homes must provide a written discharge or transfer notice that explains why they are taking this action and the effective date. As soon as you receive that notice, contact the Missouri Long-Term Care Ombudsman and discuss the appeal process.
How do state agencies in Missouri and Kansas investigate long-term care facilities?
Missouri and Kansas investigators use a combination of tactics to address allegations of nursing home abuse, neglect, or exploitation, including:
- Unannounced visits to the assisted-living facility or senior community
- Interviews with staff members and administrators
- Interviews with residents at the facility
- Reviews of resident medical records
- Reviews of maintenance and care records at the facility
Investigators may also consider documents and evidence you may have regarding your elder abuse complaint. Our Kansas City nursing home neglect attorneys can help you gather the right documentation to hold the perpetrators of abuse accountable.
How much is a nursing home abuse lawsuit worth?
This really depends on the facts of the nursing home abuse case. Our Kansas City elder abuse lawyers will carefully review any medical bills, future care needs, financial records, bank statements, and other evidence of mistreatment or exploitation when determining the value of your claim.
