Missouri Nursing Home Abuse Attorneys
Nursing home negligence in Missouri and other states has become a pervasive issue that society must now confront. The longer society continues to disregard the implementation of stringent professional standards in nursing homes, the more elderly individuals will be harmed every year. In Missouri, research statistics show that over 26 percent of nursing homes dispense unnecessary drugs to residents. These unnecessary drugs are known as “chemical restraints,” and they are often used to control the behavior of nursing home residents. Residents become more sedate, and their movement is also restricted.
Under federal law, the use of unnecessary drugs is clearly prohibited as a form of abuse. Missouri nursing homes also have problems in maintaining a safe atmosphere for residents. Over 37 percent of nursing homes were cited for deficiencies in 2008 for failing to maintain a safe atmosphere. Family members must be cautious when choosing nursing home facilities for their loved ones, because the statistics show that abuse and neglect are continual problems in Missouri every year.Missouri Nursing Home Injury Laws
With the numerous federal and state nursing home injury laws in place to protect loved ones, one would assume that nursing homes actually followed these laws. Unfortunately, nursing home administrators frequently feel that they can “get around” the laws in failing to hire an adequate number of staff workers. The Nursing Home Reform Act of 1987 is the major piece of legislation that stated the rights of all residents in nursing homes and also maintained the standards that nursing home must meet. Nursing home residents must be provided with certain services to ensure their physical, emotional and mental well-being. When a nursing home attempts to hire too few workers or an improperly trained staff, then residents are the ones who suffer and forego those services that they need to receive quality care.
Family members can learn more about the rights of elders in Missouri by reading the Protective Services for Adults: Elder Abuse Act. This statute creates certain departments in the state government that have the authority to handle allegations of abuse and investigate reports. Missouri nursing home laws are distinguished from other states, because professionals and family members have a duty to report instances in which there is harm or a likelihood of serious physical harm to a vulnerable adult. When there is probable cause to show that an adult may be suffering from abuse or neglect, then the court may issue a warrant or injunction to stop any further abuse or neglect from occurring.The Rights of Residents Under Federal and State Law
It is necessary to get in touch with Missouri nursing home lawyers when you feel that the rights of a loved one have been violated under federal or state laws. Under federal laws, nursing home residents have rights such as the right to be fully informed, the right to participate in one’s own care, the right to make independent choices, the right to privacy and confidentiality, the right to dignity and respect, right to complain, right to security of one’s possessions and right to be free from abuse, exploitation or neglect.
Specifically, residents have the right to refuse medication or certain treatments. Nursing homes must honor the requests that residents have to be taken off of medications. If a resident believes that a drug is functioning as a chemical restraint, then nursing homes must end the administration of this drug. Family members who notice that a nursing home is not respecting the wishes of a loved one should get in touch with a nursing home lawyer to receive additional help. A nursing home lawyer can ensure that a nursing home upholds the rights of a loved one or assist family members in filing a report with Missouri governmental authorities.
If you have a hunch that something is wrong in the nursing home of your loved one, then trust your instincts. When you learn about nursing home negligence in Missouri, then it is time to take legal action. Our nursing home lawyers are ready to help families throughout the state of Missouri in areas such as:
Call one of our Missouri nursing home lawyers to schedule an initial consultation today. Your loved one deserves to receive the utmost care.Nursing Home Negligence
STATUTE OF LIMITATIONS
- 5 years. (Mo. Ann. Stat. §516.120) general negligence.
- Medical malpractice – 2 years with Discovery Rule. Infant under eighteen years of age has until twentieth birthday to bring action. Cases involving a foreign object must be brought within 2 years of discovery. No claim may be brought more than 10 years from date of occurrence. (Mo. Ann. Stat. §516.105)
- 3 year wrongful death
- In nursing home wrongful death cases, representative of the estate must file notice with the Attorney General’s office in order to recover attorney fees
- Medical malpractice – Noneconomic damages are limited to $350,000 irrespective of the number of defendants. (Mo. Ann. Stat. §538.210)