Most Kansas City nursing homes provide a high standard of care, and the city has many excellent facilities. Nursing homes in Kansas City, Missouri, must provide a safe space for residents to live and be cared for. When nursing home workers or managers don’t maintain a high safety standard and abuse occurs, someone should be held liable for the resulting injuries and other losses.
Filing a nursing home abuse lawsuit in Kansas City can be confusing initially, but you’ll learn everything you need to know in this post. If you have questions, a Kansas City nursing home abuse attorney can answer them today.
Troubled Nursing Home Facilities In Kansas City
Most nursing homes in Kansas City offer good care, but there are several facilities that have drawn attention from the US government because of substandard health conditions. This isn’t to say that nursing home abuse has occurred in these facilities, but they are on the state and federal authorities’ radar:
- Indian Creek Health Care Center, Overland Park
- Serenity Care and Rehab (which has been renamed the Overland Park Center for Rehabilitation and Nursing), Overland Park
- Pinnacle Ridge Nursing and Rehabilitation Center, Olathe
- Kansas City Center for Rehabilitation and Nursing, Kansas City
- Garden Valley Healthcare Center, Kansas City
- Maple Wood Healthcare Center, Kansas City
- Edgewood Manor, Raytown
Talk to a nursing home abuse attorney in your area if you have concerns about your relative in one of these or other Kansas City nursing homes.
What Is Nursing Home Abuse?
Nursing home abuse can happen in many ways. Nursing home residents can be physically, emotionally, or sexually abused in a place where they are supposed to be well cared for. Neglect is related to abuse and is also common for nursing home residents.
There are seven major types of nursing home abuse that you and your family should watch for:
Physical Abuse
Physical abuse in a nursing home happens when the person suffers injuries or harm from another resident or caregiver. It is estimated that 9 percent of nursing home workers have physically abused patients, according to WHO data. Common types of physical abuse in nursing homes include kicking, punching, shoving, or putting a person in restraints.
Signs of nursing home abuse of this type are bleeding and bruising, concussions, spinal injuries, broken bones, and burns. Alzheimer’s patients can be difficult to deal with, and physical abuse with these patients is common.
Neglect
Neglect can occur with a nursing home patient when the caregiver doesn’t provide the required care. The person’s physical and emotional well-being may be hurt. Nursing home neglect includes not reporting illnesses and injuries, ignoring complaints from the patient, and leaving residents alone for hours or days.
Drug Errors
Nursing home patients may be reliant on staff to give them important medications. However, staff members may be careless about giving drugs and can give the wrong ones or the wrong doses.
Subpar Hygiene
Each person in the nursing home should be given regular hygiene care, such as changing their clothes and bathing. If they don’t, the patient can suffer severe physical and mental decline from poor cleanliness. Some nursing home residents are forced to lie in bed in soiled clothes or diapers for days.
Malnutrition and Dehydration
Nursing home workers may fail to provide adequate water and food to residents. The patients may have dehydration and malnutrition that can cause severe injury or death. A resident who receives too little food or water for weeks can eventually pass away.
Emotional Abuse
It is estimated that 32 percent of nursing home staff emotionally abuse their residents. Some examples of this abuse are controlling the person’s activities against their will, insulting the resident, isolating them from loved ones, and threatening the patient.
Sexual Abuse
One of the worst kinds is the sexual abuse of nursing home residents. This nursing home abuse may be undesired sexual contact, groping, or touching. Sexual abuse may cause scratches, bruises, and infections, as well as emotional trauma.
Talk to a nursing home abuse lawyer in Kansas City if you think any of this abuse has affected your loved one.
What You Must Know About Missouri Nursing Home Abuse Laws
Suppose you suspect your mother has been abused in a Kansas City nursing home. You see that she has unexplained bruises and seems agitated when you visit. There are several things you should know about filing a nursing home abuse case in Missouri.
First, it’s essential to document your case fully with strong evidence. Evidence proving the existence of abuse may include medical records, photos and videos of injuries, eyewitness testimonies, and all documentation related to the alleged nursing home abuse. Proving abuse and negligence to the insurance company or court may be difficult without solid evidence.
Second, you need to consider the timeline when collecting alleged nursing home abuse evidence. You need to show when the abuse happened, its duration, and any time it recurred. This information can boost the strength of your case and show a regular pattern of nursing home abuse.
Also, you need to know the legal standards for filing a nursing home abuse claim in Missouri. You generally have three years from the date of the abuse to file a nursing home abuse lawsuit in Missouri. The longer you wait to take action from the abuse date, the harder it can be to prove.
When you file a nursing home abuse and neglect lawsuit, you may receive compensation for your loved one’s medical bills, pain and suffering, and emotional pain. The amount you can receive depends on if liability is proven, the strength of evidence, and how credible the witnesses are.
Before filing a case, consult an experienced nursing home abuse attorney in Kansas City. The attorney can guide you through the claim and assess the likelihood of success.
Also, anyone in the nursing home or elsewhere who suspects a resident is being abused should report it to the state. Certain medical and related professionals are required by law to report alleged abuse. Here is a list of Missouri-mandated reporting laws.
How Do You File A Nursing Home Abuse Lawsuit In Kansas City?
If you think your loved one was abused in a nursing home in Kansas City, take action quickly to protect their life and rights. You have several legal options: File a civil lawsuit against the nursing facility, file a claim with the Missouri Department of Health and Senior Services, or file a criminal case with the Missouri or Kansas City police. A nursing home abuse lawyer can review the best option for your case. The general steps to file a nursing home abuse and neglect case are:
- Collect evidence of the abuse: You and your personal injury attorney will collect all important evidence of abuse, such as your loved one’s medical records, photos of injuries, and witness statements.
- Talk to a nursing home abuse attorney: Get the guidance of an experienced attorney who will determine if your case has merit. They will want to see that there is conclusive evidence of wrongdoing.
- File the complaint: Your nursing home abuse attorney will draft the complaint against the Kansas City nursing home and file it in the correct court.
- Serve the facility: You must ensure that the nursing home has received notice of the nursing home abuse complaint.
- Discovery: The plaintiff’s and defense’s attorneys will exchange critical information about the case.
- Consider settling: Your attorney and the nursing home may consider settling the case for a certain amount for medical bills and pain and suffering. Most nursing home abuse claims are settled out of court.
- Go to trial: If the case doesn’t settle with a fair offer, your attorney may take the case to court. If your attorney goes to trial on the nursing home abuse case, they probably have a strong belief you will win.
If you think you have a case of nursing home abuse in Kansas City, the first step is to speak to a nursing home abuse and neglect lawyer now. The consultation is free.
How Long Does A Kansas City Nursing Home Abuse Claim Take?
It’s understandable to wonder how long it takes to file a nursing home abuse case and receive compensation. Every case is different, but many plaintiffs find their cases may take months or years.
First, there will be a case investigation and gathering of evidence, when attorneys for both sides collect information to build the case. The information-collecting stage can take months, depending on the case’s complexity.
After the nursing home abuse information has been gathered, there will be a discovery phase, during which the attorneys trade information and take any necessary depositions. The discovery phase can make the case take longer because there may be considerable back-and-forth between the attorneys.
Talk to a seasoned nursing home abuse attorney today to understand how long your nursing home abuse case may take. Many nursing home abuse claims end with a settlement. The nursing home and its insurance company may want to avoid a damaging trial and settle with your family. However, your nursing home abuse lawyer will be ready to take the case to court and argue it before a jury.
What Nursing Home Abuse Damages Can You Receive?
Suppose your loved one was sexually abused and neglected in a Kansas City nursing home. Your personal injury attorney helps you file a claim against the facility. What can you receive in compensation? Funds can be awarded for:
- Medical costs: An elderly person who suffered regular nursing home abuse may need intensive medical treatments to deal with the abuse. Payment to you or your loved one can be for hospitalization, surgeries, medications, mental healthcare, and rehabilitation.
- Pain and suffering: Nursing home abuse can cause devastating emotional and mental suffering. Your loved one can have pain, depression, anxiety, and a lower quality of life. Your attorney will work with your loved one’s doctor to understand the scope of their pain and suffering.
- Emotional anguish: Being abused in a nursing home where you cannot convince anyone of what is happening can be emotionally devastating. Your loved one may receive ample compensation for their fear and mental harm from the abuse.
A nursing home abuse and neglect attorney should be consulted promptly so you get an approximate idea of your case’s value.
What Is A Nursing Home Abuse Case Worth In Kansas City?
The value of your claim for nursing home abuse depends on the following factors:
- The severity of the abuse: How severe was the abuse? If the abuse involves serious physical and emotional harm, the case value will rise. If death occurred, the case value could be higher, and your wrongful death attorney should be consulted for more details.
- Degree of injuries: Did your loved one suffer burns, head trauma, paralysis, bed sores, and even require surgery to set broken bones? The degree of the injury will dictate the size of the claim.
- Duration of the abuse: Did the nursing home abuse occur over a few days or a year? More suffering from the abuse over time will raise the case value.
- Strength of evidence: It takes more than your word that abuse occurred to your loved one. You need to have strong evidence, such as photos and videos of injuries, surveillance video of the abuse, eyewitness statements, and expert testimony.
- Liability: Proving that the nursing home and its employees violated its duty of care, the facility can be liable for more damages. Nursing home facilities have a high duty of care to keep residents safe and healthy. Failing to fulfill this vital duty can trigger a large settlement.
Speak To A Nursing Home Abuse Attorney Now
It’s devastating to learn that a caregiver may have abused your loved one in a nursing home. You entrusted your relative to the nursing home’s care, and your loved one has suffered harm. If nursing home abuse and negligence are proven, you may be entitled to compensation. Speak to a Kansas City nursing home abuse attorney in a free consultation today.
