{"id":1855,"date":"2023-01-27T19:03:10","date_gmt":"2023-01-27T19:03:10","guid":{"rendered":"https:\/\/ricketlaw.com\/?page_id=1855"},"modified":"2023-12-26T11:10:15","modified_gmt":"2023-12-26T11:10:15","slug":"merriam-kansas","status":"publish","type":"page","link":"https:\/\/ricketlaw.com\/merriam-kansas\/","title":{"rendered":"Merriam, KS"},"content":{"rendered":"
When a family member is placed in a nursing home, you have the right to expect that they will receive quality care and be treated with dignity. Your family member needs an advocate when a nursing home violates this trust, and an elderly resident is neglected<\/a> or subjected to physical or emotional abuse.\u00a0<\/span><\/p>\n Your legal rights should be discussed with a knowledgeable nursing home abuse lawyer at Ricket Law Firm. Some medical professionals become insensitive to the physical limitations and needs of nursing home residents. Unfortunately, the caregivers begin to disregard the needs of the residents or take out their job frustrations on the residents, neither of which should occur.\u00a0<\/span><\/p>\n A nursing home abuse lawyer from our Merriam Kansas nursing home abuse law firm may be able to <\/span>draw attention to patient-harming nursing home practices<\/span><\/a>. If you file a lawsuit, your loved one may be shielded from further harm, and other residents of long-term care facilities may be prevented from experiencing similar harm.<\/span><\/p>\n Our Merriam Kansas nursing home abuse law firm assists injured residents and their loved ones in obtaining compensation and closure. Below are the advantages of retaining our skilled nursing home abuse lawyer’s services.<\/span><\/p>\n Our qualified nursing home abuse lawyer prioritizes cases similar to yours. This extensive experience can give us a significant advantage over law firms that do not routinely handle nursing home abuse and neglect cases. We utilize what we’ve learned from previous cases to ensure that our clients receive the best legal representation and maximum compensation possible.\u00a0<\/span><\/p>\n Our Merriam Kansas nursing home abuse law firm’s ultimate objective is to <\/span>obtain compensation for nursing home abuse<\/span><\/a>. This compensation may be applied to:<\/span><\/p>\n Each case is meticulously prepared to withstand legal challenges and secure maximum compensation for each client.\u00a0<\/span><\/p>\n Working with us can help reduce stress for you and your loved ones. Adjusting to life after elder abuse or neglect in a nursing home can be difficult. Fortunately, working with our knowledgeable nursing home abuse lawyer will not be.<\/span><\/p>\n State and federal laws provide extensive legal protections for nursing home residents. Missouri’s Adult Protection law assists nursing home residents. Residents are protected at the federal level by the <\/span>Nursing Home Reform Act of 1987<\/b>. The Nursing Home Reform Act grants important legal rights to all nursing home residents, including:<\/span><\/p>\n Residents of nursing homes have the right to have these rights respected at all times. Nursing home abuse and neglect<\/a> are likely to occur when a facility violates the rights of its residents.<\/span><\/p>\n Many individuals view nursing home neglect and abuse as the <\/span>deliberate infliction of injury or disregard for the needs of nursing home residents<\/b>. However, abuse and neglect can manifest in numerous ways, including:<\/span><\/p>\n This is using physical force on an elderly that causes injury<\/a>, impairment, or suffering. Examples include <\/span>hitting<\/b>, <\/span>punching<\/b>,<\/span> pushing<\/b>, <\/span>shoving<\/b>, <\/span>slapping<\/b>, <\/span>shaking<\/b>, kicking, and<\/span>\u00a0the <\/span>misuse of drugs or physical restraints<\/b>.<\/span><\/p>\n This includes any <\/span>non-consensual sexual contact or behavior<\/b><\/a>. Sexual conduct or contact with a nursing home resident incapable of consent is always sexual abuse.<\/span><\/p>\n This refers to the intentional infliction of emotional distress<\/a> via verbal or nonverbal acts. This includes <\/span>shouting<\/b> or yelling<\/b>, <\/span>insults<\/b>, <\/span>intimidation<\/b>, <\/span>humiliation<\/b>, <\/span>belittling<\/b>, <\/span>harassment<\/b>, <\/span>physical violence threats<\/b>, or <\/span>denial of privileges or necessities<\/b>.<\/span><\/p>\n This involves the improper or illegal use of the money and assets of a nursing home resident. Examples include <\/span>unauthorized use of credit cards or bank accounts<\/b>, <\/span>theft<\/b>, <\/span>improper use of legal guardianship or power of attorney<\/b>, and <\/span>forcing a nursing home resident to alter financial or estate planning documents for the abuser’s benefit<\/b>.<\/span><\/p>\n This generally refers to a nursing home resident’s refusal or failure to fulfill their responsibilities<\/a>. One example is not providing necessities such as food, water, shelter, medicine, hygiene, or safety<\/span>.<\/span><\/p>\n This refers to a senior’s behavior that endangers his or her safety, such as <\/span>failing to provide or consume adequate food and water<\/b>, <\/span>wearing appropriate clothing<\/b>, and <\/span>attending to personal hygiene and medication needs<\/b>. When nursing home employees fail to intervene when a resident engages in self-neglect, they may be guilty of abuse and neglect.<\/span><\/p>\n Keep an eye out for the following indicators of nursing home abuse and neglect:<\/span><\/p>\n If a nursing home or its employees can be shown to have acted negligently, they may be held liable for any resulting damages. In a nursing home abuse lawsuit, compensable damages may include medical expenses, pain and suffering, disfigurement, and disability.\u00a0<\/span><\/p>\n Some states also permit punitive damages, which are meant to deter the defendant and others from engaging in similar behavior. However, these are only granted in uncommon instances. The following may constitute grounds for filing a claim for nursing home abuse<\/a>:<\/span><\/p>\n Nursing homes owe it to their residents to hire appropriately qualified personnel, have the required academic degrees for the position for which they are hired, and have no history of violence or abuse. When a nursing home hires employees without background checks, the residents are in jeopardy. In the event of abuse, the nursing home can be held accountable.<\/span><\/p>\n According to a report from the <\/span>Centers for Disease Control (CDC)<\/b>, the <\/span>average ratio<\/b> of staff to residents is <\/span>one staff member per 1.64 residents<\/b>. When a nursing home fails to hire a sufficient number of employees, residents may be neglected due to a lack of caretakers. In addition, the low staff-to-resident ratio may not adequately compensate staff members for the amount of work they are required to perform.\u00a0<\/span><\/p>\n This can lead to stress among employees, frequently resulting in a decline in morale and compassion. If a resident is injured or dies due to an insufficient number of caregivers, the nursing home may be held liable.<\/span><\/p>\n In some instances, nursing home staff are not properly trained to handle residents who are disabled or disobedient, and they do not provide the level of care required by law and expected by families. When insufficient staff training leads to a patient’s injury, nursing homes can be held accountable.<\/span><\/p>\n Nursing homes are liable for any abuse by third parties within the facility. This is because they have a responsibility to ensure the safety of the residents. For example, if a resident is injured by another resident or the guest of another resident, the nursing home may be held liable if it failed to provide sufficient security to prevent such an incident.<\/span><\/p>\n Residents of nursing homes have the right to autonomy, dignity, and privacy. If one of its employees violates these fundamental rights, the nursing home can be held accountable.<\/span><\/p>\n Medication is an integral part of aging, and nursing home residents can suffer if they are not given the correct dosage at the correct time. If a resident is injured due to an error with a prescription drug, the physician, pharmacy, or pharmacist may be held liable.<\/span><\/p>\n When you file a lawsuit for nursing home abuse, our legal team can perform much of the necessary legwork. Below is a brief explanation of the typical nursing home abuse lawsuit procedure.<\/span><\/p>\n Our Merriam Kansas nursing home abuse law firm can determine whether a trial is the best course of action for you. In most instances, a settlement is preferable to litigation.<\/span><\/p>\n In Missouri, victims of nursing home abuse are entitled to compensation that fully compensates for their losses. You or a family member may be entitled to monetary compensation for the following:<\/span><\/p>\n In many cases of nursing home abuse, punitive damages may also be available. Punitive damages are a form of compensation awarded to the victim, but they are not intended to compensate the victim for their losses.\u00a0<\/span><\/p>\n Instead, the purpose of punitive damages is to punish the defendant’s extremely bad behavior. Punitive damages are awarded only in cases involving particularly egregious behavior.<\/span><\/p>\n Most lawsuits alleging nursing home abuse and neglect must be filed <\/span>within five years of the resident’s injury date (or the last injury)<\/b>, per Missouri’s statute of limitations. Some nursing home abuse and neglect claims have alternative statutes of limitation.\u00a0<\/span><\/p>\n For instance, a claim for wrongful death based on abuse or neglect must be filed <\/span>within three years of the resident’s passing<\/b>. Malpractice-based nursing home abuse and neglect claims must be filed <\/span>Why Do I Need a Nursing Home Abuse Lawyer?<\/span><\/h2>\n
Vast Knowledge and Qualified Conduct<\/b><\/h3>\n
Nursing Home Abuse and Neglect Compensation<\/b><\/h3>\n
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Justice and Peace of Mind<\/b><\/h3>\n
What Are the Legal Rights of Nursing Home Residents?<\/b><\/h3>\n
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What Are the Most Common Types of Nursing Home Abuse and Neglect?<\/span><\/h2>\n
Physical Abuse<\/b><\/h3>\n
Sexual Abuse<\/b><\/h3>\n
Emotional Abuse<\/b><\/h3>\n
Financial Abuse<\/b><\/h3>\n
Neglect<\/b><\/h3>\n
Self-Neglect<\/b><\/h3>\n
What Are the Warning Signs of Neglect and Abuse?<\/span><\/h2>\n
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When is a Nursing Home Liable for Abuse and Neglect of the Elderly?<\/span><\/h2>\n
Neglectful Hiring<\/b><\/h3>\n
Staff Shortages<\/b><\/h3>\n
Insufficient Training<\/b><\/h3>\n
Third-Party Liability Claim<\/b><\/h3>\n
Violation of Statutory or Regulative Rights<\/b><\/h3>\n
Pharmaceutical Errors<\/b><\/h3>\n
What to Expect When Filing a Nursing Home Abuse Claim?<\/span><\/h2>\n
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What Types of Recoverable Compensation Are Available for Victims of Nursing Home Abuse?<\/span><\/h2>\n
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What is the Missouri Statute of Limitations on Nursing Home Abuse Claims?<\/span><\/h2>\n