Experienced Attorneys Protecting the Rights of the Neglected and Abused
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Missouri Nursing Home Abuse Lawyer
Licensed in Missouri
Pursue Justice for Injuries and Neglect in Missouri Nursing Homes
Summary:
Mo. Rev. Stat. § 198 guarantees nursing home residents freedom from elder abuse and neglect. If your loved one has suffered unexplained injuries or had their rights violated, a Missouri nursing home abuse lawyer from our firm can help you seek justice and fair compensation. Contact us for a free consultation about your legal options.
What Are the Signs of Elderly Abuse and Neglect in Missouri Care Facilities?
Nursing home abuse is a form of elder abuse perpetrated by healthcare professionals in assisted living facilities and skilled nursing facilities, which may cause emotional, financial, or physical harm. Common signs of nursing home abuse include the following.
Physical Abuse
Any type of mistreatment that causes bodily harm may be considered physical elder abuse, which includes both physical assault and neglect that results in personal injury. Common signs of physical nursing home abuse can include:
- Poor Hygiene: Many residents may not be able to bathe themselves, causing foul odors and rashes.
- Bruising: Staff may hit, push, shove, kick, or grab vulnerable residents, resulting in bruises.
- Fear: Residents might express fear of certain people, whether fellow residents or certain nurses, and may ask not to be alone with them.
- Denial: As physical abuse is often paired with emotional abuse, residents may claim they hurt themselves or that it was an accident.
- Sudden Accidents: Staff may claim that injuries came from unwitnessed falls.
Emotional Abuse
Emotional elder abuse includes shouting, disparaging, harassing, or manipulating vulnerable senior citizens. Common signs include the following:
- Anxiety: In many cases, family members notice that their loved one becomes anxious and withdrawn, especially around certain members of staff or other residents.
- Nervous Habits: Residents may attempt to self-soothe by pacing, rocking, or biting their nails
- Limited Access: Neglectful facilities may make abrupt changes to visiting hours, insist that the resident is sleeping when family attempts to see them, or refuse entry.
- Contradictory Stories: Residents may not be able to explain what is happening, especially if they have cognitive challenges.
- Behavioral Changes: The abused person may avoid eye contact, hesitate before speaking, or develop sudden aggression.
Financial Abuse
Elder financial abuse may involve outright theft, like stealing belongings, or it could include fraudulent charges to a person’s insurance company. Signs include:
- Changes to Legal Documents: A resident abruptly changing beneficiaries, closing accounts, or rewriting their will may have been manipulated by nursing home staff.
- Unexplained Charges: There may be subscriptions for services the resident does not use or charges from unfamiliar stores.
- Missing Documents or Belongings: Bank statements may not arrive, or valuables such as jewelry, coins, or electronics may go missing from their room.
- Unpaid Bills: Families may receive warnings about unpaid bills from previously full accounts.
- Isolation: Staff may discourage the resident from talking to loved ones about finances or threaten them if they disclose what is happening.
Sexual Abuse
Sexual abuse of the elderly includes unwanted touching, groping, kissing, or any other type of non-consensual sexual contact. Signs of sexual mistreatment include:
- Sudden Withdrawal: Residents may become quiet, submissive, or nervous around certain individuals.
- Fear of Certain Individuals: This could include the perpetrator or a nursing staff member who has failed to assist the victim.
- Unexplained Bruising: This may be on the genitals, thighs, or breasts.
- Blood on Clothing or Sheets: Spotting occurs due to rape or forced penetration.
- Nightmares: Sexual assault can cause PTSD that disrupts sleep cycles.
Pursue Justice for Injuries and Neglect in Missouri Nursing Homes
Summary:
Mo. Rev. Stat. § 198 guarantees nursing home residents freedom from elder abuse and neglect. If your loved one has suffered unexplained injuries or had their rights violated, a Missouri nursing home abuse lawyer from our firm can help you seek justice and fair compensation. Contact us for a free consultation about your legal options.
What Are the Signs of Elderly Abuse and Neglect in Missouri Care Facilities?
Nursing home abuse is a form of elder abuse perpetrated by healthcare professionals in assisted living facilities and skilled nursing facilities, which may cause emotional, financial, or physical harm. Common signs of nursing home abuse include the following.
Physical Abuse
Any type of mistreatment that causes bodily harm may be considered physical elder abuse, which includes both physical assault and neglect that results in personal injury. Common signs of physical nursing home abuse can include:
- Poor Hygiene: Many residents may not be able to bathe themselves, causing foul odors and rashes.
- Bruising: Staff may hit, push, shove, kick, or grab vulnerable residents, resulting in bruises.
- Fear: Residents might express fear of certain people, whether fellow residents or certain nurses, and may ask not to be alone with them.
- Denial: As physical abuse is often paired with emotional abuse, residents may claim they hurt themselves or that it was an accident.
- Sudden Accidents: Staff may claim that injuries came from unwitnessed falls.
Emotional Abuse
Emotional elder abuse includes shouting, disparaging, harassing, or manipulating vulnerable senior citizens. Common signs include the following:
- Anxiety: In many cases, family members notice that their loved one becomes anxious and withdrawn, especially around certain members of staff or other residents.
- Nervous Habits: Residents may attempt to self-soothe by pacing, rocking, or biting their nails
- Limited Access: Neglectful facilities may make abrupt changes to visiting hours, insist that the resident is sleeping when family attempts to see them, or refuse entry.
- Contradictory Stories: Residents may not be able to explain what is happening, especially if they have cognitive challenges.
- Behavioral Changes: The abused person may avoid eye contact, hesitate before speaking, or develop sudden aggression.
Financial Abuse
Elder financial abuse may involve outright theft, like stealing belongings, or it could include fraudulent charges to a person’s insurance company. Signs include:
- Changes to Legal Documents: A resident abruptly changing beneficiaries, closing accounts, or rewriting their will may have been manipulated by nursing home staff.
- Unexplained Charges: There may be subscriptions for services the resident does not use or charges from unfamiliar stores.
- Missing Documents or Belongings: Bank statements may not arrive, or valuables such as jewelry, coins, or electronics may go missing from their room.
- Unpaid Bills: Families may receive warnings about unpaid bills from previously full accounts.
- Isolation: Staff may discourage the resident from talking to loved ones about finances or threaten them if they disclose what is happening.
Sexual Abuse
Sexual abuse of the elderly includes unwanted touching, groping, kissing, or any other type of non-consensual sexual contact. Signs of sexual mistreatment include:
- Sudden Withdrawal: Residents may become quiet, submissive, or nervous around certain individuals.
- Fear of Certain Individuals: This could include the perpetrator or a nursing staff member who has failed to assist the victim.
- Unexplained Bruising: This may be on the genitals, thighs, or breasts.
- Blood on Clothing or Sheets: Spotting occurs due to rape or forced penetration.
- Nightmares: Sexual assault can cause PTSD that disrupts sleep cycles.
What Injuries Do Missouri Nursing Home Residents Suffer Due to Abuse and Neglect?
Injuries sustained in nursing homes in Missouri can include:
- Medication Errors: Such medical malpractice can lead to serious complications and health decline.
- Broken Bones: Any fractures should be immediately investigated for neglect.
- Malnutrition and Dehydration: Residents may suffer from unexplained weight loss or infections.
- Bed Sores: These occur due to immobility without regular repositioning.
- Infections: Common infections include respiratory illnesses and UTIs.
- Post-Traumatic Stress Disorder: Residents may suffer from sudden anxiety, flashbacks, or heightened fear.
What to Do If You Suspect a Loved One Has Been the Victim of Nursing Home Neglect or Abuse in Missouri
If you suspect any abuse or neglect in a Missouri nursing home, take the following steps:
- Report to the facility and relevant authorities
- Take photos and request records from the facility
- Consult nursing home abuse lawyers for a free consultation
What Laws Govern Nursing Home Abuse Cases in Missouri?
Nursing home abuse cases in Missouri are governed by Missouri law 19 CSR 30-88.010 and Mo. Rev. Stat. § 198.
Missouri law 19 CSR 30-88.010 elaborates on the federal Nursing Home Reform Act (OBRA), including factors like providing contact information for staff, allowing residents private visitation with loved ones, and giving residents a quarterly statement of all their accounts.
Additionally, Missouri licenses and regulates nursing homes through Mo. Rev. Stat. § 198. This law requires nursing homes to be inspected regularly and to post the results of inspections to maintain their licenses. Medical staff are considered mandated reporters and must immediately report abuse to Adult Protective Services.
Where and How to Report Nursing Home Abuse in Missouri
You can report nursing home abuse to local law enforcement, the Missouri Department of Health & Senior Services, or the long-term care ombudsman via phone or an online form.
911 in Cases of Immediate Danger
If you believe your loved one is in imminent danger, call 911 and provide the nursing home’s address, as well as the resident’s name and what is occurring.
Missouri Department of Health & Senior Services (Adult Protective Services)
The Missouri Department of Health and Senior Services oversees APS, which investigates and intervenes in cases of nursing home neglect or abuse. They can issue protective orders and cooperate with law enforcement to ensure the resident’s safety.
To contact APS, call their 24/7 hotline at 1-800-392-0210 or use the online reporting system.
Missouri State Long-Term Care Ombudsman
A nursing home ombudsman serves as a third-party advocate for residents. These individuals investigate potential nursing home abuse, mediate between families and facilities, and ensure a resident’s rights are being respected. You can contact the Missouri State Long-Term Care Ombudsman by calling 1-800-309-3282.
How Our Missouri Nursing Home Abuse Law Firm Can Help
Our nursing home abuse lawyers can assist you by performing a thorough investigation into elder abuse claims and helping you explore your legal options. We will also negotiate for financial compensation that covers your needs, such as medical bills and rehabilitation.
Most importantly, we offer crucial emotional support for families struggling with nursing home abuse. By handling third-party communications and legal filings, our experienced attorneys help family members focus on healing rather than insurance negotiations.
Evidence Needed to File a Nursing Home Abuse Lawsuit in Missouri
Our firm can prove nursing home neglect or abuse with the following evidence:
- Care Plans and Daily Charting: The NHRA requires nursing homes and assisted living facilities to develop care plans for each resident. These medical records should explain the resident’s nutritional, behavioral, and physical needs, as well as what types of support they need for Activities of Daily Living (ADLs). Comparing these care plans with daily charting can reveal whether staff were following the care plan.
- Prescription Orders and Medication Administration Records (MARs): These records show which medications were prescribed and when they were administered. They can be valuable proof of medication errors, such as a doctor prescribing a certain antibiotic, but the resident being given something else.
- Incident Reports and Post-Incident Monitoring: Nursing homes are required to document any change in status, such as falls, medical emergencies, or behavioral incidents. These incident reports and post-incident monitoring will provide details on whether staff properly handled the incident.
- Transfer and Hospital Records: Nursing home neglect often involves repeated transfers and hospitalizations as the facility is not equipped to handle the resident’s needs. We can review these records, including diagnostic reports and lab results, to understand whether staff failed to prevent bed sores or infections. We will also compare discharge instructions with daily charting to determine whether the instructions were followed.
- Staffing and Assignment Sheets: These records can help us determine who was working at the nursing home during the time of the incident, which can influence liability in cases of poor hygiene or inadequate supervision. We can also interview staff who may have witnessed abuse or neglect.
- Policies and Procedures: Each nursing home should have policies covering issues such as falls, medication administration, and lifting procedures. These policies can determine whether negligent training played a role in the incident or if staff failed to follow standard policies.
Parties That Can Be Held Liable in Missouri Nursing Home Abuse and Neglect Cases
Common parties that can be held liable a nursing home abuse lawsuit in Missouri include:
- Facility Operators: Corporate nursing homes are often part of a larger chain or owned by a franchisee. If abuse occurs in their facility, operators can be held liable for negligent oversight. They may also be liable if corporate decisions caused abuse, such as enforcing mandatory overtime or understaffing a facility.
- Management Companies: Management companies may oversee dozens of nursing homes in Missouri, which makes them liable for abuse in their facilities.
- Staffing Agencies: Staffing agencies must perform background checks on nursing assistants and nurses that they place in nursing homes. Failure to do so can constitute negligence.
- Individual Caregivers: In some cases, it may be possible to sue individual caregivers. For example, a doctor who knowingly overprescribes powerful sedatives may be liable for malpractice. This depends on who was involved in the abuse.
Damages Awarded to Injured Nursing Home Residents and Their Family Members in Missouri
The types of financial compensation that can be recovered in a nursing home negligence lawsuit in Missouri include:
- Medical bills
- Hospitalization and surgeries
- Rehabilitation and physical therapy
- Out-of-pocket medical expenses, like mobility devices
- Pain and suffering
- Emotional suffering and distress
- Loss of enjoyment of life
- For wrongful death, funeral and burial expenses
Filing a Lawsuit With a Missouri Nursing Home Abuse Attorney
Filing a nursing home negligence lawsuit in Missouri involves the following steps:
- Investigation: Once you provide information about what happened, we will begin verifying details with witnesses and staff. This includes names, dates, locations, times, and types of injuries. These will then be cross-referenced with available records.
- Records Review: Our team will subpoena nursing homes, transfer facilities, and hospitals for records that are relevant to your case. This can include family communications, lab results, daily charting, MARs, and care plans. During our investigation, we’ll identify potential negligence and build a timeline of the events.
- Medical Expert Testimony: A key element of proving neglect or abuse is understanding how a reasonable professional would have approached the situation. We will consult with medical experts to understand how the care provided deviated from nursing home standards.
- Demand Letter: A demand letter is sent to the nursing home and its insurance company, requesting a certain amount of compensation. This sum is determined based on the available evidence, the level of harm suffered, and the financial cost of the abuse. Our demand letter will specify a sum and provide evidence supporting the amount, based on the case details.
- Negotiations: Once we send the demand letter, the nursing home and its insurer will provide a counteroffer, which will be lower than the original demand. Our firm and the insurer will work to find a fair sum between these two amounts. While our team handles the negotiations, you are always in control of how much you are willing to accept.
- Legal Filing: While many cases are handled out of court, some require us to file a lawsuit. This may occur because the insurance company refuses to negotiate, or because complex legal questions are involved, such as disputes over the facts of the case or who is liable. In this instance, we will file a complaint with the relevant court.
- Litigation: The lawsuit process involves discovery, which is when both sides share the information they have collected. The judge will schedule hearings in an attempt to resolve the case before trial. If the case makes it to trial, we will represent you before a judge and jury, presenting the available evidence and explaining how it demonstrates negligence.
Our Missouri nursing home abuse attorneys have a combined 100 years of legal experience and have developed a streamlined process to handle cases like yours, ensuring that every aspect is covered. Starting with your free consultation, we handle all documentation and third-party communication so that you and your family can focus on healing.
What Is the Average Nursing Home Abuse and Neglect Settlement in Missouri?
The average settlement in nursing home negligence cases in Missouri is $477,640. However, this is only an average, and your case’s value may vary. Factors that influence compensation include the victim’s age, the duration and severity of abuse, available evidence, and the total cost of medical needs like surgery or rehabilitation.
Example Cases
- Byrline Stephens, 84, was transferred to McDonald County Nursing Center after losing 27 pounds while in a psychiatric unit. She was prescribed multiple powerful drugs, including Haldol and Percocet, through phone consultations with a physician who only saw her three times. While at the facility, Stephens developed pressure ulcers on her leg and tailbone, requiring hospitalization. She developed gangrene and passed away after the nursing home failed to provide her with the proper nutrition and hydration. Her family sued the nursing home and the physicians, who settled for $1,385,000.
- Robert Beale, 80, was diagnosed with dementia and depression at a psychiatric hospital, then admitted to the Bristol Manor nursing home. According to the lawsuit, Patricia Curtis, the facility manager, had never served that role before arriving at Bristol Manor, and she only assessed Beale for five minutes before his admission. The facility allegedly had no system in place to assess residents with dementia. Beale, who had a history of wandering, eloped from the facility’s unlocked front door and onto a highway, where he was hit by a car. The lawsuit alleges that Curtis did not turn on the door alarm systems and did not know where Beale was for 30 minutes. Beale suffered multiple severe injuries, including a closed head injury, and remained in hospitals or skilled nursing facilities for two months before passing away. With the help of a nursing home elopement lawyer, his four surviving children settled with the facility for $1,000,000.
Settlements Recovered by Our Legal Team
Some of our Missouri nursing home abuse lawsuit settlements for nursing home abuse, neglect, and wrongful death include:
- $2,333,000: Janice and Maria were elderly residents in a Jefferson, MO, assisted living facility. A CNA touched both inappropriately while bathing them, leading to severe emotional distress. Though the facility claimed the sexual contact was misinterpreted and part of hygiene care, we gathered evidence proving that the staff member had shown warning signs of inappropriate behavior before.
- $1,200,000: Alice, who suffered from partial paralysis, was on a Florissant, MO, nursing home shuttle on her way to an appointment. The driver failed to strap her into her seat, causing her to fall when the van stopped. She suffered from several broken bones, as she could not brace herself. We showed that inadequate training led to her injuries.
- $735,000: Candice, a wheelchair user in a Bowling Green, MO, nursing home, was left by herself in the corner of a room, with the wheelchair locked. When she tried to move, the wheelchair fell over, causing compression fractures to her lumbar and cervical spine. We negotiated for a fair settlement that covered not only her necessary medical care but also the mental anguish and pain caused by the accident.
Our goal is not only to protect residents but also to deter future misconduct through our compassionate support.
Book a Free Case Evaluation With Our Experienced Personal Injury Lawyers
If your loved one has suffered serious physical harm or neglect, your family deserves justice. A Missouri nursing home abuse lawyer can help you seek compensation by guiding you through the legal process while treating your loved one with the utmost respect. Our team handles third-party communications, such as with facilities and expert witnesses, so that you can focus on healing rather than paperwork. Nursing Home Law Center works on a contingency-fee basis, meaning that you owe us nothing unless we successfully recover compensation for you. Call us at (800) 926-7565 or use our online contact form for a free consultation and secure expert legal representation for your nursing home negligence claim.
FAQs
How common is nursing home abuse in Missouri?
Around 46% of Missouri nursing facilities rated by Medicare were deemed below average.
Who can file a wrongful death claim against a Missouri nursing home?
The next of kin or the personal representative can file a wrongful death claim. This could be a surviving spouse, child, sibling, or an attorney.
What is the legal deadline to file a Missouri nursing home abuse claim?
The general statute of limitations for personal injury is five years (§516.120). Professional malpractice, such as abuse by a medical professional, is subject to a two-year statute of limitations or a maximum of ten years (§516.105).
The process for filing a civil rights violation against a nursing home is slightly different. The complainant must submit it to the attorney general within 180 days of the violation. The attorney general then has 60 days to file a lawsuit. If the attorney general does not file a lawsuit, then the complainant may bring a lawsuit within 240 days of first submitting to the attorney general (Mo. Rev. Stat. § 198.093).
Our nursing home abuse attorneys can help you decide the right legal avenue, depending on the facts of the case, and ensure that all claims are filed on time.
What are the worst nursing homes in Missouri?
The worst nursing homes in Missouri have failed inspections by the Centers for Medicare and Medicaid Services (CMS) due to standards violations, high infection rates, and resident complaints.
In Missouri, these are considered the worst nursing homes:
- Abode Health And Wellness Center, Independence, Missouri
- Alpine Breeze Health And Wellness, Raytown, Missouri
- Aspire Senior Living Moberly, Moberly, Missouri
- Athene Nursing And Rehabilitation, Town And Country, Missouri
- Atrium Place Health And Rehabilitation, Saint Louis, Missouri
- Autumn Oaks Caring Center, Mountain Grove, Missouri
- Avenir At Mark Twain, Bridgeton, Missouri
- Baptist Homes Of Shelbina, Shelbina, Missouri
- Belleview Valley Nursing Home, Belleview, Missouri
- Beloved Health And Rehabilitation Center, Hannibal, Missouri
- Bentleys Extended Care, Overland, Missouri
- Beth Haven Nursing Home, Hannibal, Missouri
- Bethesda Dilworth, Saint Louis, Missouri
- Bridgewood Health Care Center, Kansas City, Missouri
- Brunswick Health Care Center, Brunswick, Missouri
- Carriage Square Rehab And Healthcare Center, Saint Joseph, Missouri
- Carrie Elligson Gietner Health Care Center, Saint Louis, Missouri
- Carroll House, Carrollton, Missouri
- Cassville Health Care Center, Cassville, Missouri
- Chestnut Rehab And Nursing, Saint Louis, Missouri
- Clara Manor Nursing Home, Kansas City, Missouri
- Claru Deville Nursing Center, Fredericktown, Missouri
- Clinton Healthcare And Rehabilitation Center, Clinton, Missouri
- Cotton Point Living Center, Matthews, Missouri
- Country View Nursing, Bowling Green, Missouri
- Crestwood Health Care Center, Florissant, Missouri
- Cypress Point Skilled Nursing By Americare, Dexter, Missouri
- Delmar Gardens North, Black Jack, Missouri
- Eastview Manor Care Center, Trenton, Missouri
- Edgewood Manor Health Care Center, Raytown, Missouri
- Eldon Nursing & Rehab, Eldon, Missouri
- Ellisville Rehabilitation And Nursing, Ellisville, Missouri
- Estates Of Perryville, Perryville, Missouri
- Golden Years Center For Rehab And Healthcare, Harrisonville, Missouri
- Gregory Ridge Health Care Center, Kansas City, Missouri
- Heritage Care Center, Saint Louis, Missouri
- Highland Rehabilitation & Health Care Center, Kansas City, Missouri
- Jefferson Health Care, Lees Summit, Missouri
- Kingswood, Kansas City, Missouri
- Laverna Manor Health & Rehabilitation, Savannah, Missouri
- Legendary Health Care Center, Marshall, Missouri
- Lewis & Clark Gardens, Saint Charles, Missouri
- Life Care Center Of Cape Girardeau, Cape Girardeau, Missouri
- Magnolia Square Nursing And Rehab, Springfield, Missouri
- Manchester Rehab And Healthcare Center, Ballwin, Missouri
- Mary, Queen And Mother Center, Shrewsbury, Missouri
- Milan Health Care Center, Milan, Missouri
- Neighborhoods Rehab & Skilled Nursing By Tigerplac, Columbia, Missouri
- North Village Park, Moberly, Missouri
- Parkview Healthcare, Kansas City, Missouri
- Springfield Skilled Care Center, Springfield, Missouri
- St James Living Center, Saint James, Missouri
- St Sophia Health & Rehabilitation Center, Florissant, Missouri
- Sunnyview Nursing Home & Apartments, Trenton, Missouri
- Sunset Health Care Center, Union, Missouri
- University Health Lakewood Medical Center, Kansas City, Missouri
- Willowcreek Wellness & Rehabilitation, Florissant, Missouri