Columbia, MO Nursing Home Abuse Lawyer

Nursing homes are entrusted with ensuring their residents’ safety, well-being, and dignity. However, when medical staff or other residents engage in nursing home abuse or neglect, it’s the victims and their families who are left to pick up the pieces.

If you suspect your family member has suffered from nursing home abuse or neglect, reaching out to a Columbia nursing home lawyer is a critical step. You can get the legal counsel you need to navigate the complexities of a nursing home abuse case, ensuring that your loved one’s legal rights are fully protected.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to securing justice and obtaining compensation for victims of nursing home abuse. Our skilled legal team has a strong history of handling personal injury claims with care and achieving substantial settlements and verdicts.

We conduct comprehensive investigations to make sure that all forms of abuse, including medical costs, emotional suffering, and other damages, are thoroughly addressed. With our extensive knowledge of nursing home abuse claims, we handle the process efficiently and work relentlessly to safeguard your rights.

We offer compassionate and clear guidance throughout the case, ensuring you and your loved ones feel supported, protected, and confident at every stage.

Types of Cases Handled by Our Columbia Nursing Home Abuse Lawyers

Nursing home abuse refers to any intentional harm, neglect, or exploitation of elderly residents in long-term care facilities. Our Columbia nursing home abuse lawyers handle a wide range of cases, ensuring that every form of abuse is addressed and that victims and their families receive the justice they deserve.

Physical Abuse

Physical abuse occurs when nursing home staff members or other patients intentionally cause bodily harm to a nursing home patient. This assault can include hitting, slapping, or misusing restraints.

Mental and Emotional Abuse

Mental and emotional abuse involves verbal assaults, threats, or other actions intended to cause psychological distress.

Sexual Abuse

Sexual abuse in nursing homes includes any non-consensual sexual contact or activity with an elderly resident.

Medical Malpractice

Nursing home abuse and neglect can often lead to medical malpractice, such as bed sores, medication errors, or failure to provide proper medical care. These neglect cases can result in serious health complications for elderly residents who are already in a fragile condition.

Negligence

Negligence occurs when nursing homes fail to meet basic standards of care, leading to poor hygiene, malnutrition, dehydration, or even elopement, where residents wander off and put themselves at risk.

Financial Abuse

Financial abuse involves the exploitation of a nursing home resident’s finances, including unauthorized withdrawals, manipulation to alter wills, or coercion to make financial decisions that benefit others.

Wrongful Death

In the most tragic cases, abuse or neglect in nursing homes can lead to wrongful death. When nursing home negligence or intentional harm causes the death of a resident, families may file a personal injury claim to recover compensation for their immense loss and hold the responsible parties accountable.

Understanding Your Legal Rights

Federal and state laws protect nursing home residents and ensure their safety, dignity, and well-being. These laws set the standard for care and outline the rights of every resident in a long-term care facility.

One of the key federal protections is the Nursing Home Reform Act of 1987, which established guidelines to prevent abuse, neglect, and exploitation of residents in nursing homes across the country.

In Missouri, nursing home residents are protected by state-specific laws that reinforce these federal protections. These laws aim to safeguard the rights of elderly residents, ensuring that they receive appropriate care and that nursing home facilities maintain a safe and respectful environment.

Eligibility to File a Claim 

A nursing home resident, a family member, or a legal guardian can file a personal injury claim. Working with a Columbia nursing home lawyer is crucial to understanding your specific legal rights and ensuring that those responsible for the abuse or neglect are held accountable.

Liability in Nursing Home Neglect and Abuse Cases

In nursing home neglect and abuse cases, multiple parties can be held liable for the harm caused to a resident. Identifying all liable parties is essential to building a strong nursing home abuse claim and ensuring that victims and their families receive full compensation.

• Nursing Home Facilities: The facility can be held responsible if it fails to provide adequate care, maintain a safe environment, or properly supervise its staff.
• Nursing Home Staff: Medical staff, including nurses, aides, and other caregivers, may be held directly responsible if they physically, emotionally, or sexually abuse residents. They can also be liable if they fail to provide the necessary care, resulting in neglect, such as poor hygiene, malnutrition, or bed sores.
• Third-Party Contractors: Sometimes, nursing homes hire third-party contractors for services such as medical care, maintenance, or security. If these contractors contribute to the abuse or neglect of a resident, they may also be held liable.
• Administrators and Management: Nursing home administrators and management oversee operations and ensure that residents receive proper care. If they fail to hire qualified staff, properly train employees, or address reported concerns of abuse, they can be held accountable for negligence.
• Other Residents: In some cases, residents themselves can be the perpetrators of abuse, particularly in facilities where supervision is lacking.

How Our Columbia Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our nursing home lawyers have successfully handled numerous cases, securing compensation for medical bills, emotional distress, and other damages caused by abuse. From the initial investigation to the final resolution, we offer comprehensive legal services tailored to the unique circumstances of each case.

• Free Case Evaluation: Our law firm offers a free consultation to assess your case and discuss the details of the abuse or neglect that occurred. During this evaluation, we will review the facts, answer any questions you have, and explain your legal rights.
• Case Investigation: A thorough investigation is crucial in nursing home abuse claims. Our attorneys work closely with medical experts, review records, and gather evidence to build a strong case. We meticulously examine all aspects of the abuse, ensuring that no detail is overlooked.
• Filing the Claim: We handle the legal process of filing a lawsuit against the responsible parties once the investigation is complete. This step includes preparing all necessary paperwork, submitting the claim, and ensuring it meets Missouri law’s legal requirements.
• Settlement Negotiation: In many cases, nursing home abuse claims are resolved through settlement negotiations. Our attorneys are skilled negotiators who work diligently to recompense your family without the need for a lengthy trial. We negotiate with the insurance company and other parties to secure a fair settlement covering medical expenses, emotional distress, and other damages.
• Trial Representation: Our attorneys are fully prepared to take your personal injury case to trial if a fair settlement cannot be reached. We have a proven track record of success in the courtroom, where we will aggressively advocate for your loved one’s rights. Our goal is to achieve a successful conclusion that holds the responsible parties accountable and secures just compensation for the harm caused.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are a total of 15 Medicare-approved nursing homes in Columbia, Missouri. Six of these facilities (40%) have an overall rating below or much below average. Specifically, four nursing homes (26.7%) fall short in health inspections, and nine facilities (60%) have inadequate staffing levels. Six facilities (40%) were rated poorly regarding quality measures. [1]

The worst-rated nursing homes in Columbia include:

Recognizing the signs of elder abuse in nursing home residents is essential for families to take action and protect their loved ones.

Physical Injuries

Unexplained injuries such as bruises, cuts, fractures, or burns may indicate physical abuse or rough handling. In more severe cases, the use of restraints can leave marks on the wrists or ankles. Families should also be aware of sudden or frequent falls, which could suggest neglect or improper supervision.

Emotional and Behavioral Changes

Elderly residents experiencing emotional or mental abuse may become withdrawn, anxious, or depressed. They might display signs of fear, agitation, or confusion, especially around specific medical staff or residents. A sudden change in mood or behavior, such as increased aggression or social withdrawal, could indicate underlying psychological abuse or even sexual assault.

Poor Hygiene and Appearance

Neglect often manifests through poor hygiene, where residents are left unbathed or wearing soiled clothing. This negligence could also include untrimmed nails, unwashed hair, and other indications that basic grooming and cleanliness needs are not being met.

Weight Loss or Malnutrition

Significant and unexplained weight loss can be a red flag for malnutrition or dehydration, both of which are common symptoms of nursing home neglect. If the nursing home fails to provide residents with proper nutrition or water, the consequences can be severe, leading to weakened immune systems and other health complications.

Bedsores and Pressure Ulcers

Bedsores (also known as pressure ulcers) are a common sign of nursing home neglect, particularly when staff members fail to reposition immobile residents. These painful sores develop due to prolonged pressure on the skin, often in bedridden or wheelchair-bound residents.

Financial Irregularities

Financial abuse often goes unnoticed until it’s too late. Unexplained withdrawals from bank accounts, missing belongings, or sudden changes to a resident’s will or power of attorney are potential signs of financial exploitation. Family members should keep a close eye on their loved one’s financial situation to detect any irregularities.

Poor Living Conditions

Nursing home residents are entitled to live in a clean and safe space. If you notice poor living conditions, such as dirty rooms, lack of necessary equipment, or unsanitary facilities, it may indicate that the nursing home is neglecting its responsibilities.

What to Do If You Suspect Nursing Home Abuse

If you believe your loved one is being abused or neglected in a nursing home, taking immediate action is crucial. Below are the steps you should follow to protect your loved one and ensure that their rights are upheld:

Call 911 if There’s Immediate Danger

If you believe your elderly loved one is in immediate danger or experiencing severe abuse, call 911 right away. Emergency services can ensure the resident’s safety and take any necessary actions, such as providing medical attention or removing them from a harmful situation.

Report the Abuse to Nursing Home Administrators or Management

If there is no immediate danger, the next step is to report your concerns to the nursing home’s administration or management. Nursing homes are required to investigate claims of abuse and take appropriate actions. Ensure that your complaint is documented and follow up to ensure that steps are being taken to address the issue.

File a Complaint with Your Local Ombudsman’s Office

An Ombudsman is a government-appointed advocate who works to resolve complaints on behalf of nursing home patients and their families. Your local Ombudsman’s office plays an essential role in investigating claims of elder abuse and ensuring that the facility is held accountable for any misconduct. Filing a formal complaint with the Ombudsman ensures that an independent third party investigates the abuse or neglect.

Contact a Nursing Home Abuse Lawyer

Consulting with an experienced lawyer is important to protect your loved one’s legal rights and seek compensation for the harm they’ve endured. A Columbia nursing home lawyer can help you navigate the legal process, investigate the abuse, and file a claim against the responsible parties.

Damages You Can Recover Through a Nursing Home Abuse Claim

When filing a nursing home abuse lawsuit, victims and their families may be entitled to recover a variety of damages to compensate for the harm suffered.

Economic damages are meant to compensate for the tangible financial losses associated with nursing home neglect or abuse. Examples include:

• Medical expenses
• Relocation costs
• Lost Wages for family members
• Funeral and burial costs

Non-economic damages are intended to compensate for the more intangible consequences of nursing home abuse, including the emotional and psychological toll it can take on the victim and their family. Examples include:

• Pain and suffering
• Loss of enjoyment of life
• Emotional distress

Punitive damages are awarded in cases of especially egregious or malicious conduct. These damages are meant to punish the responsible parties for their actions and to deter similar behavior in the future.

The Cost of Hiring a Columbia Nursing Home Abuse Lawyer

At Nursing Home Law Center, we understand the financial strain that nursing home abuse cases can place on families. That’s why we operate on a contingency fee basis. This arrangement means that you pay no upfront costs, and our law firm only gets paid if we successfully recover compensation for you.

You Have Limited Time to Take Legal Action in Columbia

If you suspect your loved one has been a victim of nursing home abuse or neglect, it’s important to take action quickly. Missouri law imposes a statute of limitations, which is typically five years from the date the abuse or neglect occurred. However, in cases of wrongful death, the time limit may be shorter.

Failing to file a claim within this time frame can result in losing your right to recover compensation. It’s important to contact a Columbia nursing home abuse lawyer as soon as possible.

Contact a Columbia Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our experienced legal team has a proven track record of successfully handling nursing home abuse cases in Columbia and throughout Missouri.

We are committed to helping families recover compensation for medical bills, emotional suffering, and other damages caused by abuse. With our compassionate approach and dedication to achieving justice, we will stand by your side every step of the way.

Call us at (800) 926-7565 or fill out our contact form.

References: [1] Medicare