For many families in St. Louis, admitting their disabled and elderly loved ones to nursing homes is the best way to keep them safe and healthy. But while many nursing homes are true havens for the most vulnerable individuals in our community, not all nursing home residents find themselves in ideal situations.
Nursing home abuse is an umbrella term for injustices made against nursing home residents, encompassing things like physical violence and willful neglect. Regardless of the mistreatment a victim experiences, violating a resident’s rights is unacceptable and may be punishable by law.
Did you or a loved one suffer abuse, neglect, or mistreatment in a St. Louis nursing home? Whether it’s a staff member or another resident, our attorneys will help ensure you obtain justice against at-fault parties.
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Contact the nursing home lawyers at Injury Lawyers Team sponsored by Rosenfeld Law Offices for a free consultation. All confidential or sensitive information you share with our legal team will remain private under an attorney-client relationship.
Nursing home abuse is a single or repeated act that causes physical, psychological, or financial harm to a resident. It can result from negligence, carelessness, or malicious intent of nursing home workers, visitors, or other residents.
Elder abuse is a single or repeated act that increases or creates a risk of harm to a resident 65 years or older in a relationship with an expectation of trust. Since over 90% of nursing home residents are seniors, elder abuse is the most common form of nursing home abuse.
State and federal laws help protect the legal rights of nursing home residents. These laws include:
The 1987 Nursing Home Reform Act defines what services nursing homes and other residential care facilities must provide residents and establishes standards for these services. This law aims to protect the legal rights of nursing home patients, including:
Missouri has several laws that aim to protect the welfare of individuals residing in long-term care facilities. Title 19, Chapter 30, Sections 81 to 91 of the Missouri Code of State Regulations define the standards for nursing home care, covering areas including but not limited to:
Missouri is also one of several states that permit installing electronic monitoring devices in nursing homes under certain situations. The state passed the Authorized Electronic Monitoring in Long-Term Care Facilities Act (House Bill 1387) on August 28, 2020, allowing family members to remotely monitor their loved ones in nursing homes.
Many families overlook nursing home abuse until it’s too late. To prevent your loved one from suffering abuse or neglect in their nursing facility, you must be able to recognize the types and warning signs.
Nursing home abuse can take many forms and manifest in different signs, including:
Physical assault or abuse involves deliberately using force against a resident, causing injury, pain, or impairment. It includes but is not limited to actions such as slapping, striking, kicking, burning, and pinching.
Signs of Physical Assault or Abuse
Mental or emotional abuse involves verbal and non-verbal acts that cause psychological harm to a nursing home resident. These acts may include verbal abuse, humiliation, intimidation, gaslighting, and geographical or social isolation.
Signs of Mental or Emotional Abuse
Sexual assault or abuse is any non-consensual sexual contact with a resident, including those who cannot give valid consent (e.g., a mentally disabled person). It can take many forms, including verbal sexual harassment, unwanted touching, explicit photography, sodomy, coerced nudity, and rape.
Signs of Sexual Abuse
Financial abuse is the illegal, unauthorized, or improper use of a resident’s personal property, including money and assets. It can take many forms, including manipulating bank accounts, stealing personal belongings, and unauthorized transactions on credit cards.
Signs of Financial Exploitation or Abuse
Neglect occurs when a nursing home fails to provide food, medication, personal hygiene, clothing, and medical care, creating or increasing the risk of harm to a resident. Both intentional (active) and unintentional (passive) neglect are considered abuse.
Signs of Neglect
The warning signs of nursing home abuse may mimic dementia in elderly residents or mental illness in younger individuals. For instance, mental and physical abuse may result in sleeping problems, uncharacteristic aggression, and memory loss, which are common signs of early-stage dementia and some mental disorders.
Hence, you may mistake nursing home abuse for something else, hindering proper intervention for your family member. Consult a specialist or a doctor if you are unsure whether your loved one is suffering from abuse or something else entirely.
Nursing home abuse victims often suffer significant consequences, such as:
Unfortunately, many victims suffer physical harm from their abusers, resulting in injuries such as:
Physical injuries are especially dangerous for individuals who are already physically compromised, especially the elderly. Something easily treatable, like a minor infection, can quickly become life-threatening for an elderly person who is already physically vulnerable.
Although anyone can become a victim of nursing home abuse, some individuals are more vulnerable than others, including:
Usually, there is no singular cause of nursing home abuse. It often stems from systematic inadequacies and long-standing issues, such as:
Report known or suspected abuse of a nursing home resident to the St. Louis Police Department. Call 911 if you think your family member or another resident is in imminent danger.
You can also file a report to:
These governing bodies may revoke or suspend the licenses, certifications, and government funding of nursing homes found guilty of non-compliance with state or federal regulations. Facilities with widespread or egregious abuse cases may face permanent closure.
Additionally, the police may file criminal charges against perpetrators of nursing home abuse. Depending on the severity of the crime, the at-fault individual could face either a felony or misdemeanor. Punishments for abusing or neglecting a nursing home resident, especially a senior, may include fines up to $10,000 and imprisonment.
Medical professionals and other nursing home employees that fail to report abuse or neglect could also face criminal charges, depending on the case’s circumstances.
Nursing homes are legally required to protect residents from abuse and neglect. Unfortunately, some facilities are negligent in this duty, resulting in vulnerable residents suffering serious injuries at the hands of others.
Did you or a loved one suffer abuse, neglect, or mistreatment in a St. Louis nursing home? If so, you could pursue damages against at-fault parties by filing a personal injury claim.
You must prove:
Most nursing home abuse cases involve a single perpetrator. However, circumstances vary greatly, and there may be multiple parties in your case, including:
Regardless of who is directly at fault for your injuries, the nursing home administration may be held liable. The administrators may have contributed to your abuse or neglect by:
Like other abuse cases, proving a nursing home abuse case can be challenging. You need an experienced nursing home abuse lawyer that can help you support your claim with substantial evidence, such as:
By filing a personal injury claim, you could hold the nursing home accountable for the following losses:
Your St. Louis nursing home abuse lawyer will estimate the potential value of your damages during your free case review. This estimation will help you avoid accepting a settlement that is less than what you deserve.
After filing a personal injury claim against the defendant, their insurance company may offer you a settlement. Do not accept the payment without consulting a lawyer. Your lawyer will determine if the offer is fair and, if not, negotiate for a better one.
Moreover, remember these things when dealing with insurance companies:
Most personal injury cases settle out of court. However, you may have to pursue damages in other ways if:
Your nursing home abuse lawyer can help you file a personal injury case in civil court. During litigation, a judge or jury will hear evidence from both sides and decide a verdict. Our nursing home abuse lawyers will ensure to leave no stone unturned in your case to increase your chances of receiving fair compensation.
Alternatively, your lawyer could help you pursue arbitration or mediation, which is often less formal, less expensive, and less time-consuming than a trial.
In addition, your lawyer could help you file a medical malpractice lawsuit if:
Your St. Louis nursing home abuse lawyer will discuss your legal options during your free case evaluation.
The statute of limitations for personal injury lawsuits in Missouri is five years from the date of the underlying incident or its discovery (Section 516.120 of the Revised Missouri Statutes).
Our nursing home abuse lawyers will help you file a case on time to avoid missing the deadline or losing critical evidence.
Legal representation is invaluable in a personal injury case. Our lawyers will help you:
Family members play a significant role in their disabled or elderly loved one’s safety, even when living apart. You can reduce your loved one’s risk of suffering abuse or neglect by following these tips:
No one deserves to be abused or neglected, especially individuals who are more vulnerable than most.
Did you or a loved one suffer nursing home neglect or abuse? If so, you have the legal right to seek compensation for your injuries, financial losses, and other damages.
At Injury Lawyers Team, our skilled nursing home abuse lawyers work tirelessly to ensure responsible parties are held accountable for their actions while seeking compensation for victims and their families.
Contact our St. Louis nursing home abuse lawyers today for a free consultation. All confidential or sensitive information you share with our legal team will remain private under an attorney-client relationship.
There is no financial risk in starting a conversation with our lawyers. We accept all accepted cases on a contingency fee basis, meaning you don’t have to pay for our legal services unless we win your case.