As some of the most vulnerable members of our society, nursing home residents deserve quality care, kindness, and respect. All too often, however, nursing home residents suffer abuse due to the careless, reckless, or intentional misconduct of employees, residents, and other third parties.
When your loved one has suffered injuries while in a nursing home, you and your family members may have a legal claim against the nursing home and other responsible parties. Consulting a Kansas City nursing home injury lawyer for advice may be the most effective way to determine whether you have a valid claim.
In many cases, nursing home residents are fearful about reporting abuse due to threats of harm or other adverse actions by their abusers. In other cases, residents may be incapable of reporting abuse due to mental incapacities or other medical conditions. As a result, abuse to nursing home residents may not always be immediately apparent, which can lead to prolonged periods of abuse during which residents suffer significant injuries. Contact Pintas & Mullins Law Firm at (800) 842-6336 to learn more about your options for compensation following an incident of nursing home abuse.
Negligence and Injuries to Nursing Home Residents
The National Center on Elder Abuse (NCEA) reports that abuse to nursing home residents, including physical, emotional, sexual, and financial abuse continues to be underreported, despite the fact that 1.4 million people lived in nursing homes in 2014. The National Ombudsman Reporting System (NORS) further indicated that in that same year, over 14,200 complaints from nursing home residents to Ombudsman programs involved gross negligence, exploitation, or abuse. With the aging of the American population, both the number of nursing home residents and the incidence of abuse is continuing to increase.
Legal Duty of Nursing Homes Under State Law
When you place your loved ones in a nursing home or other long-term care facility, you contract for their services. As a result, you entrust the care of your loved ones to the nursing home and rightfully expect that they receive the medical and personal care and attention that they need.
Not only do residents have a right to receive proper medical treatment, but they also have a right to receive attentive personal care, proper nutrition, and other necessary services. Nursing homes also have a duty to keep nursing home residents safe from harm, including the injuries that can result from falls, neglect, inattention to medical needs, and more.
Common Examples of Nursing Home Injuries
When nursing homes fail to meet this legal duty of care, they can be financially responsible for the costs of the injuries that occurred. Failure to protect nursing home residents from abuse by staff members, other residents, or third parties can result in injuries from physical, mental, sexual, and financial abuse. Nursing homes whose administrators fail to properly recruit, screen, train, supervise, and monitor employees may put residents at a heightened risk of injuries.
Likewise, chronically understaffed facilities may lead to a lack of monitoring that can result in abuse to residents, both from staff and other residents. Understaffing also can directly cause medical neglect, malnutrition, dehydration, infection, and any other number of health conditions that may cause injuries to residents. A Kansas City nursing home injury lawyer can assist injured residents and their families in seeking compensation for their losses.
If your loved one has suffered any type of abuse or neglect in a nursing home, call Pintas & Mullins Law Firm today.
The Statute of Limitations for Nursing Homes Injury Lawsuits
The statute of limitations is a legal deadline for filing lawsuits in court. Every state has different deadlines for different kinds of lawsuits. Personal injury lawsuits also are subject to a statute of limitations. Under Revised Statutes of Missouri (RSMo) §516.120, injured nursing home residents generally have five years from the date that the abuse occurred to file their lawsuits.
In the event that nursing home injuries lead to a fatality, surviving family members of the victim can file a wrongful death lawsuit against the nursing home and other liable parties. However, the statute of limitations for a wrongful death lawsuit is shorter than for a personal injury lawsuit. More specifically, under RSMo §537.100, family members have three years from the date of death of their loved one in which to file their wrongful death lawsuit.
Some exceptions to the general statute of limitations for nursing home injury lawsuits exist under state law. For instance, if injury victims are mentally incapacitated, they may have additional time within which to file their claims. However, injury victims and their families should be aware of the applicable statutes of limitations and strive to file their lawsuits within these timeframes. Otherwise, they risk losing the opportunity to hold the nursing home accountable for its negligence and waiving the right to seek compensation for their injuries.
For a free legal consultation with a Nursing Home Injury Lawyer serving Kansas, call (800) 794-0444
Get Legal Advice About Your Nursing Home Injury Claim
When nursing home residents suffer injuries due to the negligence of the nursing home staff, they may have a legal claim for compensation. Families of injured nursing home residents should not have to bear the costs of their injuries alone. Through a legal claim, injury victims and their families can hold nursing homes accountable for their wrongful actions. Together with your Kansas City nursing home injury lawyer, you can send a message that allowing nursing home residents to suffer injuries is not acceptable. You also can recoup some or all of the costs of treating your loved one’s injuries.
At Pintas & Mullins Law Firm, we do not expect you to pay us upfront and out of your own pocket to finance your legal claim. We take your case on a contingent fee basis, which allows us to get started working on your claim with no delays. We will collect our fees for our legal services only after you and your loved one have received compensation for their damages. Call (800) 842-6336, and begin the process of seeking justice for your loved one following an incident of nursing home abuse.