A nursing home has to provide a safe environment that promotes a high quality of life for all of its residents. Still, medical providers and care workers at the nursing home continue to fail some of the most vulnerable members of our society.
If someone you love passed away as a result of nursing home neglect or abuse, a Kansas City death lawyer can help you hold the facility accountable for the harm they caused. Contact Pintas & Mullins Law Firm today at (800) 842-6336 to discuss your case with our legal team.
Defining Nursing Home Neglect and Abuse
Nursing facilities often serve as a home for their residents, many of whom have reached old age and suffer from medical conditions. For this reason, residents may die in nursing homes.
Nursing home residents have a right to receive quality care until their passing. If they lose their life as the result of a caregiver’s failure to keep them safe, to provide adequate assistance, or to prevent injury and illness, family members of the victim may file a claim to recover the damages incurred due to abuse or neglect.
Forms of Neglect
According to the National Council on Elder Abuse (NCEA), more than 1 in 10 complaints by nursing home residents in 2010 involved neglect. Neglect is the failure to provide care for a resident, which can lead them to suffer harm and pain. Instances of neglect include:
- Not helping with toilet use or failing to change disposable undergarments
- Lack of assistance with eating and drinking
- Lack of assistance with mobility
- Failing to bathe the resident or provide help with hygiene routines
- Improper use of restraints
- Ignoring calls or cries for help
Neglect can lead to infection, malnutrition, dehydration, and even death. If your loved one died because care workers at a nursing facility neglected their needs, an attorney could help you seek compensation.
Types of Abuse
Abuse typically refers to the intentional infliction of pain or harm on an individual. In addition to physical abuse such as hitting, shoving, and slapping, nursing home residents sometimes suffer other types, as well. Psychological or emotional abuse involves threatening, belittling, ignoring, or humiliating a resident. Sexual abuse can include sexual assault, unwanted advances, and inappropriate touching.
Rough handling, corporal punishment, and other unacceptable behaviors by nursing home staff can cause serious injuries, some of which may result in death. If you suspect that nursing home abuse contributed to your loved one’s death, the lawyers at Pintas & Mullins Law Firm can investigate your case and pursue financial awards on your behalf. Contact our legal team so we can discuss your case with you.
Risk Factors for Nursing Home Abuse and Neglect
Most residents in nursing homes rely on the assistance of professional caregivers to provide them with even their most basic needs, and some suffer physical and cognitive delays as a result of their age and condition.
Those with Alzheimer’s or dementia may also suffer abuse more regularly than residents with typical memory abilities. Because these diseases often cause victims to become confused or alarmed easily, they may become more aggressive, which unskilled or improperly trained nursing home staff may perceive as an attack and roughly handle them to control their behavior.
For a free legal consultation with a Death Lawyer serving Kansas, call (800) 794-0444
How a Kansas City Death Lawyer Can Help
Regardless of the circumstances, nursing homes do not have an excuse for allowing their care providers to respond to patients in any way that does not respect their dignity and autonomy. In some cases, families do not even know that their loved ones have suffered abuse or neglect until they can no longer intervene. If your spouse, parent, or another family member died as a result of inadequate care in a nursing home, a lawyer might be able to help you by:
- Thoroughly investigating your claim
- Collecting documents, statements, and other forms of evidence to prove liability
- Evaluating the expenses you accumulated as a result of your loved one’s loss
- File a claim against the nursing home to seek just compensation on your loved one’s behalf
- Manage all communication and negotiations with insurance companies and the opposing legal team
- If necessary, represent you in court to fight for fair financial recovery
A Kansas City death lawyer can help you get started on your nursing home abuse case as soon as possible.
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Missouri Statutes of Limitations on Nursing Home Abuse Claims
You may have an opportunity to file a claim against the nursing facility that caused the death of your loved one, but you have a limited amount of time to do so. Revised Statutes of Missouri (RSMo) §537.100 typically allows family members up to three years from the date of their loved one’s passing to file a wrongful death claim, though some circumstances affect that time frame.
RSMo §537.080 determines who can file a claim, which varies based on the decedent’s marital status and heirs. A lawyer can determine if you qualify and file your claim as soon as possible to help you fight for your loved one.
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Contact Pintas & Mullins Law Firm to Get Started with Your Case
When you chose a nursing home for your loved one, you trusted that the staff would provide them with the quality care they deserved. If you suspect or discover that your loved one died as a result of the abuse or neglect they suffered in a nursing facility, our lawyers can help you hold them responsible and pursue compensation to cover your financial losses. Contact Pintas & Mullins Law Firm today at (800) 842-6336 to discuss your case with our legal team in a free evaluation.