Kansas Nursing Home Abuse Lawyer

Nursing home abuse is a serious issue that affects many vulnerable residents in facilities across Kansas. The elderly depend on these facilities for proper care, medical treatment, and emotional support. However, in some cases, these trusted environments can become places where neglect and abuse occur.

If you suspect nursing home neglect or abuse, it is critical to seek help from an experienced Kansas nursing home abuse lawyer. A skilled attorney from our law firm can guide you through holding the nursing home accountable, seeking justice, and obtaining financial compensation for the harm caused.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to pursuing compensation for those affected by abuse. Our skilled law firm has a strong history of handling nursing home abuse cases with care, consistently securing substantial settlements and verdicts.

We perform detailed investigations to ensure that all areas of the abuse, such as medical costs, emotional distress, and other damages, are thoroughly addressed. With our extensive knowledge of abuse claims, we handle the legal process efficiently and work relentlessly to defend your rights.

Throughout your case, we provide compassionate and clear legal representation, keeping you and your family members well-informed, protected, and confident.

Types of Cases Handled by Our Nursing Home Abuse Lawyers

Nursing home abuse refers to any form of mistreatment or neglect that harms a resident in an assisted living facility. This abuse can manifest in various ways, affecting a resident’s physical, emotional, or financial well-being. At our law firm, Kansas nursing home lawyers handle various nursing home abuse cases to protect the rights of vulnerable residents.

Physical Abuse

This adult abuse occurs when nursing home staff or residents inflict harm through force. This may include hitting, slapping, pushing, or unnecessarily using restraints.

Emotional Abuse

Psychological abuse can cause long-lasting psychological damage to nursing home residents. This type of abuse may involve verbal attacks, humiliation, threats, or intentional isolation.

Sexual Abuse

This type of abuse is a deeply disturbing form of mistreatment. It includes any non-consensual sexual contact between a resident and a staff member or other residents. Victims may be unable to defend themselves due to physical or cognitive limitations, making them especially vulnerable.

Medical Malpractice

Malpractice occurs when the facility fails to provide appropriate medical care, leading to harm. Common examples include untreated bed sores (pressure ulcers), medication errors, or failure to diagnose and treat infections.

Negligence

Nursing home neglect often involves the failure to provide basic care, such as maintaining proper hygiene, providing adequate food and water, or ensuring a safe environment. Examples of negligence include poor hygiene, malnutrition, dehydration, and elopement, where a resident wanders away from the facility unsupervised.

Financial Abuse

Financial abuse occurs when nursing home staff or other individuals take advantage of a resident’s finances. This can involve stealing money, coercing residents into changing wills, or misusing bank accounts and credit cards.

Wrongful Death

The most severe cases can lead to wrongful death. This may happen as a result of neglect, such as malnutrition, dehydration, untreated medical conditions, or direct physical abuse.

Understanding Your Legal Rights

Residents in Kansas and across the country are protected by federal and state laws designed to ensure their well-being, safety, and dignity.

One of the most critical federal laws protecting nursing home residents is the Nursing Home Reform Act of 1987. 

This law establishes that all residents in facilities receiving Medicare or Medicaid funding have the right to quality care, be free from abuse or neglect, and receive proper medical treatment. It requires facilities to maintain the highest level of physical, mental, and psychosocial well-being for residents.

In addition to federal protections, Kansas state laws provide additional safeguards for nursing home residents. Kansas law ensures residents have the right to receive appropriate medical care, live in a clean and safe environment, and be free from physical, sexual, or emotional abuse. 

The Kansas Department for Aging and Disability Services oversees the regulation of facilities and investigates abuse and neglect complaints.

Eligibility to File a Claim 

In many cases, the victim or family members—such as a spouse, child—or legal guardian, can file a claim. If the abuse leads to the resident’s death, surviving family members can file a wrongful death lawsuit on behalf of their loved one.

Liability in Nursing Home Neglect and Abuse Cases 

In abuse and neglect cases, liability can extend to multiple parties responsible for residents’ care and well-being.

• Nursing staff
• Nursing home management
• Third-party contractors
• Nursing facility owners
• Equipment manufacturers

How Our Attorneys Can Help

At Nursing Home Law Center, our team of experienced nursing home abuse attorneys is dedicated to providing top-quality legal representation for abuse and neglect victims.

Free Case Evaluation

We begin with a free case evaluation to discuss the details of your situation and help you understand your legal options. During this consultation, we’ll listen carefully to your concerns, review the facts of your case, and determine whether you have a strong claim. Our goal is to provide clear guidance on how to move forward without upfront costs or obligations.

Case Investigation

Our legal team will conduct a thorough case investigation to gather evidence of the abuse or neglect. This may involve reviewing medical records, interviewing witnesses, and examining the nursing home’s compliance with state and federal regulations. 

Collecting all relevant information builds a strong foundation for your case, ensuring all aspects of the abuse or neglect are fully addressed.

Filing the Claim

Once we have gathered the necessary evidence, our attorneys will file the claim against the responsible parties. This includes preparing the legal documents, submitting them to the court, and managing procedural requirements. 

Our Kansas nursing home abuse lawyers ensure that your claim is filed correctly and all deadlines are met so your case moves forward without unnecessary delays.

Settlement Negotiation

In many cases, we engage in settlement negotiations with the facility or its insurance company. Our attorneys are skilled negotiators who will fight for fair compensation that reflects the full extent of the harm caused, including medical expenses, emotional trauma, and other damages. We strive to reach a settlement that meets your needs while keeping you informed.

Trial Representation

If a fair settlement cannot be reached, we prepare to provide trial representation and take your case to court. Our experienced trial lawyers will advocate aggressively on your behalf, presenting a compelling case to ensure justice is served. With our deep expertise in nursing home abuse litigation, you can trust your case is in capable hands.

Common Signs of Elder Abuse Among Nursing Home Residents 

​​There are 305 Medicare-certified nursing homes in Kansas. Of these, 139 facilities (45.6%) have received a below- or much-below-average overall score.

Specifically, 134 nursing homes (43.9%) failed health inspections, highlighting concerns about regulatory compliance and safety standards.

Regarding staff levels, 99 facilities (32.5%) received low scores, highlighting widespread inadequacies in staffing that can affect the quality of care and attention residents receive.

Regarding quality measures, 102 nursing homes (33.4%) rated poorly, indicating that most nursing homes in the state are not meeting high standards of care.

Additionally, 25 facilities (8.2%) were cited for abuse, raising severe concerns about resident safety in nearly one-third of the state’s facilities. [1]

Recognizing the signs of elder abuse in nursing homes is essential to protecting your loved ones from further harm.

• Bruises, cuts, or welts
• Broken bones or fractures
• Bed sores or pressure ulcers
• Poor personal hygiene
• Untreated medical conditions
• Depression or withdrawal
• Rapid changes in behavior
• Fearfulness around staff members
• Malnutrition or dehydration
• Unexplained withdrawals or changes to accounts
• Missing personal belongings

The worst-rated nursing homes in Kansas include:

What to Do If You Suspect Nursing Home Abuse

If you suspect your loved one is a victim of abuse or neglect, it is crucial to act quickly to protect their safety and hold those responsible accountable. Here are the steps you should take:

• Call 911 if There’s Immediate Danger: Local law enforcement can provide immediate medical attention and ensure the safety of your family member. The proper authorities will also document the incident, which can serve as crucial evidence later.
• Report Nursing Home Abuse: The administration is required by law to investigate reports of abuse or neglect. After you report abuse, be sure to document your complaint in writing and request a copy for your records. You can also contact the nursing home neglect hotline at 1-855-500-3537 to find local resources. Reporting abuse can also be anonymous.
• File a Complaint with Your Local Ombudsman’s Office: Filing a complaint with your local Ombudsman’s office ensures that an independent investigation takes place. The Ombudsman will work to resolve the issue and safeguard the resident’s rights.
• Contact a Nursing Home Abuse Lawyer: Contact an experienced attorney immediately. A lawyer can help you understand your legal options, gather evidence, and file a claim.

The Cost of Hiring a Kansas Nursing Home Abuse Lawyer

At Nursing Home Law Center, we understand that the financial burden of legal fees can concern families. Our law firm works on a contingency fee basis for every nursing home abuse case. 

This means you pay no upfront fees—we only get paid if we successfully recover compensation for you. Our law firm also offers a free consultation so you can discuss the details of your personal injury with zero obligation.

You Have Limited Time to Take Legal Action in Kansas

In Kansas, there is a strict time limit, known as the statute of limitations, for filing a lawsuit. Generally, victims and their families have two years from the date the abuse or neglect occurred—or from when it was discovered—to file a claim. 

Failing to take legal action within this time frame may result in losing the right to seek compensation for your loved one’s injuries and suffering. Contacting an experienced lawyer right away ensures that your case is investigated, evidence is preserved, and your claim is filed on time.

Contact an Attorney Today!

At Nursing Home Law Center, our experienced team of Kansas neglect attorneys is dedicated to seeking justice for abuse and neglect victims. With a proven track record of handling these cases, our law firm understands the emotional and financial challenges families face when their loved ones suffer harm in a nursing facility.

If you suspect your loved one has been a victim, don’t wait. Contact our law firm today for a free consultation. We will review your case, explain your legal options, and fight tirelessly to protect your loved one’s rights.

Call us at (800) 926-7565 or fill out our contact form.

References: [1] CMS