In Kansas, nursing home abuse is a serious issue that affects thousands of innocent nursing home residents every year. Nursing home residents become the victims of abuse or neglect when there is understaffing of employees in nursing homes. Employees may express their dissatisfaction with their jobs on nursing home residents by failing to properly care for them. According to a research study conducted by the University of California-San Francisco, a total of 36 percent of nursing homes were cited for deficiencies for failure to maintain professional standards in 2008.
Also concerning was the statistic indicating that 41 percent of nursing homes failed to create an adequate care plan for residents in the nursing home. This could mean that residents did not receive the proper medications, nutrition or exercise that they need for their everyday care. An overwhelming 58 percent of facilities contained an accident-prone environment. If you have a loved one who has suffered as a result of these forms of neglect or abuse, then get in touch with a Kansas lawyer today. A Kansas lawyer has experience in handling nursing home abuse cases, and he or she will try to resolve your loved one’s claim as soon as possible.
Kansas Nursing Home Laws
There are three main statutes that govern nursing home neglect and abuse cases in Kansas. These three statutes are the Protection from Abuse Act, the Mentally Ill, Incapacitated and Dependent Persons/Social Welfare Act and the Reporting Abuse, Neglect or Exploitation of Adults Act.
In the Protection from Abuse Act, a judge has great discretion to enact an emergency order with any relief that is necessary to protect an elderly person from abuse. An elderly person may be placed into a different facility to receive the medical treatment that he or she needs to survive. Whatever measure that must be taken to ensure the abuse ends will be ordered by the court. If you have a nursing home abuse lawyer working on your case, then he or she may be able to make certain recommendations to the judge. It can be helpful to work with a lawyer who has experience in elder law and may know of more appropriate facilities for the placement of your loved one.
In addition, Kansas law maintains that individuals who know about abuse or neglect impacting a nursing home resident must report it to the local law enforcement agency. This duty to report is not optional, and there are penalties for people who know about abuse and fail to file reports with law enforcement. A person will be guilty of a misdemeanor if he or she knows about abuse and yet fails to make the report to law enforcement. The Kansas reporting law also lists a large number of individuals who have the responsibility to report abuse. The list includes any doctor, nurse, nursing home worker, practitioner of the healing arts, teacher, therapist, counselor, financial officer or other person who is aware that an elderly person is being victimized in an abusive situation.
Investigate the Injuries of Your Loved One
It is important for family members to pay attention to any signs that their loved ones may be suffering from abuse in a nursing home. Paying attention to physical and emotional signs will ensure that family members are able to make a timely report of abuse and end it as soon as possible. The following signs should alert any person that an elderly person may be the victim of abuse:
- Physical scrapes and bruises
- Open wounds
- Anxiety and distress
- Constant emotional disturbance
- Depletion of a resident’s financial assets
- Personal items of a resident that are missing
If you notice any of these signs, then get in touch with a Kansas lawyer who can help you today.
Contact Kansas Nursing Home Lawyers Now
Kansas attorneys are available to handle your nursing home abuse claim. Dealing with this situation can feel overwhelming, but attorneys are here to make the process manageable for you. You can stand up to the administrators of a nursing home and hold them accountable for the harm that has been done to your loved one. Our attorneys are here to help families and residents throughout the State of Kansas in such areas as:
- Kansas City
- Overland Park
Speak with our nursing home lawyers now for an initial consultation.
Nursing Home Negligence
STATUTE OF LIMITATIONS
- 2 years. (KSA §60-513 – Actions limited to two years)
- Medical malpractice – 2 years with Discovery Rule, but no more than four years after the act giving rise to the action. (KSA §60-513 – Actions limited to two years)
- $250,000 cap on non-economic damages. This is the total amount of non-economic damages recoverable by each party from all of the defendants. (KSA §60-19a02)
- Punitive damages – limited to the lesser of the defendant’s highest gross income for the past five years or $5,000,000. If the profitability of the misconduct exceeded this, the court may award one and half times the profit instead. (KAS §60-3702)
STATUTE OF LIMITATIONS
- 2 years with Discovery Rule. (KSA §60-513 – Actions limited to two years)
- Capped at $250,000. No punitive damages in wrongful death cases. (KSA §60-1903)
- Kansas Department of Health and Environment
- Department on Aging
- Long Term Care Division
- Protection from Abuse Act – (Kan. Stat. Ann. §§60.3101-60.3111)
- Reporting Abuse, Neglect, or Exploitation of Adults – (Kan. Stat. Ann. § – 39.140)