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It is always a difficult decision to move into a nursing facility, even more so to make that decision on behalf of a loved one. You want to be sure that you are doing what’s in their best interest, and you probably spent many hours looking for the right place. You expect that when someone moves into an assisted living facility, they will be treated with dignity and respect and that they will be safe from harm.
If you or a loved one has suffered abuse, it is essential that you take immediate legal action to protect yourself and others. Regardless of whether that abuse was in the form of neglect, financial abuse, sexual assault, physical abuse, or emotional abuse, the responsible parties must be held accountable.
At Wendt Law Firm, our experienced team has over 40 years of combined experience. We are here to help support you with the compassion and dedication your case deserves. At the same time, we will aggressively fight those responsible.
We work on a contingency basis, which means our fee is taken as a percentage of your settlement when we are successful. If your case is unsuccessful, we will not receive anything. So contact us today for a free consultation with a Kansas City nursing home abuse lawyer. Call us on 816-542-6734.
The National Council on Aging defines nursing home abuse as any act that leads to potential or actual harm. This harm may be physical, but it can also be mental, emotional, or financial. There are four common examples of abuse in nursing homes:
Sadly, nursing home abuse is a rather pervasive problem throughout the U.S. Researchers estimate that as many as two million senior citizens in the U.S. have suffered abuse, mistreatment, exploitation, and injuries from caregivers. One study of 2,000 nursing homes in the country found a neglect rate of 95% and an abuse rate of 44%. Experts estimate 1 in 10 senior citizens in nursing homes will suffer some form of abuse.
Keep in mind that these statistics likely fall short of the full picture, since only around 1 in 14 cases of elder abuse come to the attention of authorities. You aren’t just another statistic at Wendt Law Firm P.C. You’re a real person with real damages from the negligence and criminal acts of someone else. Our Kansas City nursing home abuse lawyers are here to help you in your time of need.
Abuse comes in many forms. While physical abuse might be the most apparent, other types of abuse such as neglect, financial abuse, and emotional abuse should be treated just as seriously. Unfortunately, abuse and neglect of nursing home residents are still commonplace in Kansas City, and it is important to know the signs so that you can take action quickly.
One of the most common types of abuse is neglect, which is a failure to provide proper care. For example, this could be a failure to check on nursing home residents, which can be dangerous if they are left unclean, not given proper nutrition, or are left in one position for long periods of time. It can also lead to medication errors, such as failure to administer prescribed medication. Signs include:
Neglect cases are often a result of inadequate staffing numbers. However, this is no excuse, and action must be taken to prevent further neglect. If you suspect that your loved one is being neglected by nursing home staff, the nursing home abuse attorneys at Wendt Law in Kansas City are here to help you pursue justice.
Nursing home staff members can sometimes become aggressive when dealing with residents. In extreme cases, this can lead to severe injuries such as broken bones, lacerations, internal bleeding, and even brain injury. A staff member may have lost their patience, but there is never an excuse for physical abuse. Signs may include:
Another common type of abuse, and one that can be difficult to identify, is financial exploitation. This is where staff members exploit residents for financial gain, either taking money or property without their permission or convincing a resident to give them money. Staff members should never take anything from a resident under their care.
While emotional abuse leaves no physical or emotional scars, it is just as serious as other forms of abuse in nursing homes. This could include ignoring a resident’s requests, name-calling, yelling, isolating, making them feel guilty or threatening violence. It can also include ignoring a resistant dignity, such as not closing the door when they care for them. Phycological abuse can also come from other residents.
Sexual abuse in nursing homes is one of the most terrible crimes that can be committed against an elderly person, and unfortunately, it is not always reported.
Unfortunately, many elderly residents continue to experience abuse in nursing homes. If you have any concerns about a loved one’s injuries, emotional wellbeing, or you notice anything that doesn’t feel right, then you should contact a Kansas City nursing home abuse lawyer at Wendt Law Firm as soon as possible. Abuse can be hard to spot, and it is essential that you trust your instincts and take action to protect elderly residents.
When an elderly person moves into a Kansas City nursing home, they undergo a risk assessment. One of the purposes of this assessment is to assess the resident’s risk of falls and to put measures in place to prevent that from happening. Injuries can also happen when a nursing home fails to ensure that a resident moves from a wheelchair to a bed or bathroom area safely. There should be adequate staff for the job involved, and any assistive equipment should be used properly.
Failure to take proper measures to prevent falls in high-risk residents can lead to serious injuries such as fractured hips and head injuries. The time needed for an elderly patient to recover from such injuries can also drastically hinder their long-term health.
A Kansas City nursing home abuse attorney can advise you on whether your loved one is owed compensation and will fight to win your family what they are owed.
Any form of suspected abuse and neglect should be reported as quickly as possible. Following elder abuse, it is not sufficient to inform nursing home staff members. In order to ensure the proper action is taken, it must be reported properly.
When you contact our nursing home abuse lawyers in Kansas City, we can help you alert the proper authorities and ensure that proper action is taken to protect your loved one. Our first step will be to alert the proper institutions set up to protect elderly people, such as:
To determine if a Kanas City nursing home and its employees are guilty of abuse, the courts in Missouri or Kansas usually apply the negligence statute. In negligence cases, it must be proven that:
Even if a Kansas City nursing home director was unaware of the abuse, the home might still be liable under the doctrine of respondeat superior, which holds that employers are liable for the acts of their employees.
Everyone has the right to live in a safe environment. If your loved one has suffered because of someone else’s negligence, then speak to a Kansas City nursing home abuse attorney today.
A Kansas City nursing home abuse lawyer can work with you to determine what types of compensation you are entitled to. Examples include:
In most cases involving nursing home residents in Kansas City, the case must be brought within two years from the date of injury. The Statute of Limitations in both Missouri and Kanas for medical malpractice is two years in both states, and nursing homes are considered medical care.
However, there can sometimes be exceptions to this rule, so even if this time has elapsed, you should speak to a nursing home abuse attorney in Kansas City. That being said, the sooner you seek representation, the better, as at Wendt Law, we will get straight to work to gather the evidence before it is altered or destroyed.
If you suspect nursing home abuse and neglect in a Kansas City nursing home, then your primary concern is the safety of your loved one. Do not hesitate to move them or contact authorities. If you believe your loved one is in immediate danger, then contact 911.
If your loved one shows signs of having been physically or sexually abused, or they show signs of neglect such as being dehydrated or malnourished, then you should seek medical attention as soon as possible. Not only is this important for their health, but it could also prove to be important evidence in your case.
You should share your concerns with senior members of the nursing home. They should have procedures in place to address these types of problems, although often their actions can prove inadequate. However, you should not only report the incidence to the nursing home. You should also contact the appropriate state agency and be sure to share everything of importance with them.
Nursing home abuse is a criminal offense punishable by jail time, but victims can also file civil actions against the nursing home to collect damages. A personal injury claim might not erase the pain and suffering of your loved one’s experience, but it can help reimburse you for fees, medical care, and other intangible losses.
If your loved one has any injures, or broken possessions, then be sure to take photographs. You should also keep any medical records, bank statements, accident reports, and anything else that could be relevant to your case. Additionally, you should keep a journal dating any suspicious behavior or concerns.
As soon as possible, contact a Kansas City nursing home abuse lawyer so that they can start an investigation right away. They will help you file a nursing home abuse lawsuit and pursue the compensation you and your loved one deserve.
Prevention is important when it comes to avoiding nursing home and elder abuse. Do your best to select a trusted nursing home in Kansas City for your loved one. Scout different locations, read reviews, and visit the establishment in person to find the best fit. Your loved one might not speak up about abuse once at the facility. It’s up to you to visit the nursing home regularly, search for signs of potential abuse, and report any questionable actions or injuries to the authorities.
Stay in touch with your elderly loved one, keep him or her as active as possible, support interactions with the community, be wary of friends or caregivers in need of money, and – most of all – encourage your loved one to speak up about any neglect or abuse. Listen to your loved one’s allegations of abuse and take claims seriously. Let your loved one know that you believe him or her and will talk to a Kansas City nursing home abuse lawyer right away.
If a family member has suffered nursing home neglect or elder abuse in Kansas City, then you should speak to our law firm as soon as possible. We will help protect your loved one and work with you to pursue compensation.
We offer a free case evaluation so you can ask any questions you have before you sign up for representation. The attorney-client relationship is at the heart of everything we do, and we are always upfront and transparent so that you know exactly where you stand.
Don’t go through the stress of a nursing home abuse case alone. We will help you navigate the legal system and fight to protect the rights of your loved one.
If you or a loved one is experiencing nursing home abuse, contact us today to schedule a free consultation. Our team of experienced Kansas City nursing home abuse attorneys has the skills and experience necessary to handle your case with the compassion and dedication it deserves.
Call us now at 816-542-6734.