What Do I Do About My Loved Ones Nursing Home Injuries?
Nursing home neglect is a severe problem affecting thousands of Americans yearly. According to the National Center for Health Statistics, over 2,500 individuals died in nursing homes in the United States in 2019. That works out to about one person every two days.
Unfortunately, this rise has not been without problems. Many nursing facilities fail to provide their residents with safe conditions. They also frequently fail to monitor and oversee them appropriately, resulting in injuries and deaths among nursing home residents due to nursing facility incompetence.
Do you suspect your loved one has been neglected at a nursing home? The Kansas City nursing home neglect attorneys at Ricket Law Firm are legal champions for all residents harmed by others. We have assisted many elderly people and their families in obtaining compensation for their suffering in a nursing home.
Call our Missouri nursing home abuse law firm right now for quick legal assistance. Through an attorney client relationship, all confidential or sensitive information you provide to our legal team remains private.
Why Do I Need Nursing Home Neglect Attorneys in Missouri?
Nursing home neglect is a serious issue that often goes unreported. It can involve failing to provide residents with necessary care, leading to health problems and even death. Unfortunately, many people are unaware of their rights regarding nursing home neglect and may not know how to get the help they need.
That’s where our skilled Kansas City nursing home neglect attorneys come in. We can help you understand your rights as a resident or family member of a resident in a nursing home. We can also help you take action against the nursing home if you have been injured due to neglect. With our experience in the practice area, you can attain justice for your loved one. We can even help you get compensation.
If you or someone you love has been the victim of nursing home neglect, don’t wait to get help. Contact Ricket Law Firm today for legal advice on your options.
What Constitutes Nursing Home Neglect?
Nursing home neglect is defined as the nursing home staff’s refusal or failure to fulfill their obligations to an older person, including providing:
- Supervision, and
- Medical care and services that a prudent person would deem essential for the well-being of another.
Although this seems obvious, nursing home injuries caused by neglect are a widespread problem in the United States. Most nursing home employees strive to treat elderly people with dignity and respect. Unfortunately, some nursing home personnel do not. You have a few options if you suspect your loved one is a victim of nursing home neglect.
You can speak with the nursing home care ombudsman to figure out what’s happening. You could also contact Adult Protective Services. If you are dissatisfied with the response, consider contacting our nursing home neglect law firm. If your loved one was injured, neglected, mistreated, or died in a nursing home facility due to neglect, you may be entitled to financial compensation.
How Prevalent is Nursing Home Neglect?
Nursing home neglect is all too common. The World Health Organization (WHO) reported that 12% of nursing home staff reported neglecting residents. This figure was slightly higher than the 11.6% percentage of nursing home neglect reported by residents or their loved ones.
What Are the Common Causes of Nursing Home Neglect?
Nursing home staffing numbers are frequently insufficient, resulting in inadequate oversight and poor quality of care. A 2018 study discovered that around one-third of caregiving facilities had fewer nursing home personnel, including nurse aides and registered nurses, per patient day than federal laws required.
Negligent Hiring Practices
Nursing homes around the country frequently fail to assess potential staff adequately. They may not do thorough background checks, verify references, or interview candidates. Some nursing facilities may not require standardized assessments such as the GRE or ACT.
Insufficient Nursing Home Training
Nursing home neglect happens partly because nursing facilities do not always follow established procedures when caring for their residents. They may, for example, use outdated equipment or neglect to apply updated safety precautions.
State Agencies’ Lack of Oversight
Many states do not have enough oversight of nursing facilities. As a result, they cannot enforce standards or hold nursing homes accountable if they violate them. Most states, for example, require nursing homes to have an infection control plan. However, some states do not check these plans until a resident dies from an infection or has drastically deteriorated health.
What Are the Different Types of Nursing Home Neglect?
Nursing home neglect can manifest itself in a variety of ways. The following are the most typical types of nursing home neglect:
A caregiver may purposely or accidentally ignore the medical needs of an elderly resident. This could include:
Social and Emotional Neglect
Social and emotional stimulation is critical for older nursing home residents, particularly those with cognitive impairments. Having friends’ support and interacting with other residents improves a resident’s general health and well-being. Here are some examples of social and emotional neglect:
Basic Needs Neglect
Basic needs neglect occurs when a caregiver fails to provide residents with basic quality of life needs. These are both basic and vital for living a functional life. The following are examples of basic living needs that may be neglected:
What Are the Different Warning Signs and Symptoms of Elder Neglect in Nursing Home Residents?
Here are some warning signals that your loved one is being neglected:
- Unusual Injuries
- Nutritional Deficiency
- Unnecessary Painkillers
- Unsanitary Situations
- Physical Abuse
- Sexual Abuse
- Errors in Medication
- Urinary Tract Infections (UTIs)
- Physical or Chemical Restraints
What Must I Do If My Elderly Loved One is Experiencing Nursing Home Neglect in Kansas City?
Fortunately, there are many options for getting help if a family member is being neglected in a nursing facility in Kansas City. Ricket Law Firm’s experienced Kansas City nursing home neglect lawyers will guide you through this tough time, offering you and your family genuine support, smart advice, and persistent representation throughout your nursing home negligence lawsuit.
To report suspected abuse in Kansas City, call the Adult Abuse and Neglect Hotline at 1-800-392-0210 or visit health.mo.gov. When reporting abuse, you must answer the following questions to the best of your ability:
- Personal and contact information for yourself, the loved one you feel is being neglected, the accused perpetrator, and anybody else who may know more about the neglect.
- The conditions that led you to feel your family member was being abused, neglected, or financially exploited, with as much detail as possible.
- Whether or not the person experiencing abuse is in immediate danger, when is the ideal time to contact them, whether or not they are aware of the report, and whether or not a social worker may be at risk if they visit the nursing home to investigate.
- Your relationship with a loved one.
- If you agree to be contacted again.
Send any other information you believe is important to the case. If you suspect or find that your loved one is being neglected and hurt at a nursing home or other facility where they stay, you must immediately contact our experienced and trained Kansas City nursing home negligence lawyers.
Our skilled nursing home abuse lawyer will fight for a favorable outcome for you and your family. Call us now, and let us begin fighting for justice and your highest potential compensation. Ricket Law Firm has the skills and understanding to assist you in receiving the maximum compensation you deserve following an accident or injury caused by someone else.
How to Prove Nursing Home Neglect?
Many nursing homes suffer from understaffing, high turnover rates, and other challenges frequently resulting in poor treatment. When those in charge of their care harm elderly people, they may have legal recourse against the nursing facilities that employ them.
These allegations, however, are frequently difficult to prove because the victim may be impaired or unable to recount what occurred. To win a nursing home abuse claim, much like a personal injury case, the plaintiff must prove the following:
Duty of Care
A negligence case is predicated on the idea that the defendant owed the plaintiff a legal duty. This legal obligation may be established through a contract, such as a nursing home agreement. It could also be based on industry practices and acknowledged norms.
Violation of Duty
After establishing the legal duty, the plaintiff must prove that the defendant breached it. This involves demonstrating that the defendant deviated so far from the standard of care that it constituted a breach in medical malpractice cases.
In a negligence case, this typically entails demonstrating that the nursing home did something it should not have done or failed to do something it should have done.
The plaintiff must also prove that the nursing home’s breach of duty was the main cause of the victim’s nursing home injury. Even if a nursing home patient is injured, they may not always be entitled to file a negligence lawsuit. The claim must be based on the premise that the nursing home’s conduct or inaction caused the injury.
Recovery will be impossible if no action on the part of the nursing home can be linked to the damage. A medical expert may be required to testify regarding the nursing home’s negligence in these types of litigation.
Damages are the final component of a nursing home negligence claim. Damages are the specific injuries sustained by the victim. Damages are designed to compensate the victim for any injuries or abuse suffered. Nursing home patients’ damages typically include the expense of necessary medical treatment as a result of the maltreatment.
Furthermore, the victim may claim compensation for physical pain and suffering, emotional anguish, or mental pain and suffering. These damages are frequently proven by evidence submitted by the lawyer representing the victim of nursing home mistreatment.
Who Can File a Nursing Home Neglect Case?
A nursing home resident who has been neglected may sue for justice and compensation. Close family members can often file on behalf of a resident who cannot file independently. Furthermore, if they have the resident’s power of attorney, distant relatives or non-relatives (such as friends or a trusted lawyer) may file.
Call Our Nursing Home Neglect Law Firm Today
While it is excellent that there are organizations that track nursing home neglect and seek to investigate allegations, it is equally critical that you contact our qualified and experienced Kansas City nursing home neglect attorney right away. We have encountered every type of nursing home abuse lawsuit at Ricket Law Firm.
We understand the laws that nursing home personnel violate to keep our families safe, and we know how to hold irresponsible rule breakers accountable, allowing you to obtain the compensation you deserve. We have unequaled trial and litigation skills and will fight until you receive the full amount of money you deserve. We are dedicated to stopping all kinds of elder abuse, including physical, sexual, or emotional abuse, as well as financial abuse.
Call or email our law office immediately to speak with our experienced nursing home abuse attorney. From the moment you hire us until you are fully compensated for the harm you and your loved one have suffered, we are here to answer your legal questions and remain committed to your family’s healing.