Nursing Home Abuse Lawyers in Chesterfield

Fighting For Nursing Home Abuse Victims in Missouri

There are state and federal laws in place that protect residents of nursing homes and long-term care facilities. If you or your loved one believes your rights have been violated or have experienced abuse in the home, you can file a civil claim for damages. At Nichols Lang & Hamlin, LLC, we prioritize our clients and make sure to strategize a case based on your interests. We are a team of award-winning trial attorneys who have over 60 years of experience litigating in court. Let us advocate for your or your loved ones’ nursing home rights and help you take legal action today.

Contact Nichols Lang & Hamlin, LLC for a free consultation to get started with our Chesterfield nursing home abuse lawyer.

What Constitutes Elder Abuse?

Missouri’s Department of Health and Senior Services (DHSS) oversees abuse claims concerning victims 60 years and older or those with disabilities. According to Missouri law, abuse can be physical, sexual, or emotional, and it typically involves the infliction of injury or harm, including financial exploitation by any person, firm, or corporation.

Neglect and bullying of elderly residents may also be associated with abuse claims, as neglect involves the failure to provide services to an eligible adult as they are contractually required to do so, and this failure contributes to death or serious physical harm. Bullying is intimidation or harassment (or threat of intimidation or harassment) that may cause a reasonable adult to fear for their safety, whether committed physically, verbally, or electronically.

Are There Signs of Nursing Home Abuse Or Neglect?

Recognizing the indicators of nursing home abuse or neglect is critical for the safety of the elderly. The indicators are classified into physical, emotional, and financial symptoms.

• Physical indicators of abuse or neglect include unexplained bruises, burns, or injuries, which may indicate mistreatment or hard handling. Poor personal hygiene is another red sign that indicates a lack of attention to residents' regular care routines. Additionally, indicators of malnutrition or dehydration, such as abrupt weight loss or dry skin, indicate an insufficient supply of food and drink.
• Emotional and behavioral changes are also significant indicators. Residents who appear depressed, confused, withdrawn, or exhibit sudden mood swings may be experiencing abuse or neglect. An increase in agitation or anxiety, especially around certain caregivers, can further signal that something is amiss.
• Financial exploitation is another form of abuse to watch for. This might manifest as unpaid bills despite adequate resources, sudden inability to pay bills, or unexpected gifts and transfers to non-family members.

It's essential to pay attention to these signs and take them seriously. Early detection and intervention can prevent further harm and ensure the safety and dignity of nursing home residents. 

Missouri Nursing Home Laws

Long-term residents in nursing homes have many rights under state and federal law, including the right to:

• be fully informed in writing of their nursing home’s rules and regulations;
• be free from mental and physical abuse;
• participate in planning their care and be informed of their medical condition and available treatment options;
• refuse treatment;
• not be discharged or transferred from their care facility, unless in circumstances like nonpayment of a bill, threatening physical harm to fellow residents or staff, or medical conditions that require transfer;
• select their own physician;
• voice grievances against their care facility without retaliation;
• manage their own finances or have the facility manage them;
• not be subject to physical or chemical restraints put in place for the convenience of the nursing home;
• use their possessions as space permits (as long as they do not interfere with the rights of others);
• participate in social and religious activities;
• confidentiality and privacy in their medical treatment, medical records, when they send or mail, and when they communicate with family or friends.

The DHSS also offers Adult Protective Services (APS) for adults who are unable to manage their own affairs, carry out their daily living activities, or protect themselves from abuse.

Adults participating in the APS have the following rights to:

• protection;
• self-determination;
• confidentiality;
• receive assistance;
• participation in care-planning;
• refuse services and medical treatment.

What is the Statute of Limitations for Nursing Home Abuse Claims in Missouri?

In the state of Missouri, the statute of limitations for filing a nursing home abuse claim is typically five years from the date of the injury or abuse. However, the time limit may vary depending on the case's specifics. For example, if the abuse was not immediately discovered, the statute of limitations might begin from when the injury was discovered or should have been discovered.

It is crucial to file a claim within this time frame, as missing the deadline could lead to the loss of your right to seek compensation. We can help you determine the applicable statute of limitations for your case and ensure that all necessary legal actions are taken promptly.

Compensation for Nursing Home Abuse Victims

Victims of nursing home abuse and their families could be entitled to compensation for a variety of damages, including the following:

• Medical expenses that are related to the abuse or neglect
• Pain and suffering endured by the victim
• Emotional distress experienced by the victim or family members
• Costs associated with relocating the victim to a safer environment
• Funeral and burial costs in the event of wrongful death

Pursuing a claim not only helps recover financial losses but also holds the responsible parties accountable and can help prevent similar abuse from happening to others.

How Our Nursing Home Abuse Lawyer Can Help You

We can assist you by:

• Investigation: Nursing home abuse cases often require thorough investigation to uncover patterns of neglect or mistreatment. Your attorney will review medical records, interview witnesses, and work with experts to establish the full extent of the abuse.
• Filing a claim: Navigating the legal process can be very overwhelming, especially when dealing with the emotional toll of knowing a loved one has been harmed. Your attorney will handle the legal filings, paperwork, and communication with the nursing home or its insurance company on your behalf.
• Negotiation: Many nursing home abuse cases are resolved through settlement negotiations before going to trial. An attorney will work to secure a fair settlement that reflects the harm your loved one has suffered and ensures justice is served.
• Trial representation: If a fair settlement cannot be reached, your attorney will be prepared to take the case to court. With a dedicated legal advocate on your side, you can feel confident that your loved one’s rights will be aggressively defended throughout the litigation process.

Contact Our Nursing Home Abuse Lawyer in Chesterfield Today

If you or a loved one has experienced nursing home abuse, we can help you take legal action against the perpetrator. The process for reporting abuse is fairly complex, and it involves an investigation by the Division of Regulation and Licensure. Reports or complaints are usually initiated within 24 hours, and an experienced lawyer at Nichols Lang & Hamlin, LLC can better help you navigate the process.

Schedule a free initial consultation with Nichols Lang & Hamlin, LLC, to discuss your legal options today our nursing home abuse attorneys in Chesterfield.