When you place a loved one in a nursing home, you want to know that they have ready access to medical care and day-to-day assistance when they need it. However, some facilities do not provide a reasonable standard of care for their patients.
If you believe that a loved one suffered abuse in their nursing home, a Kansas City nursing home abuse lawyer with Pintas & Mullins Law Firm can help you fight for compensation.
To discuss building a case, call (800) 842-6336.
Defining Nursing Home Abuse
The term “nursing home abuse” is vaster than it may initially seem. Typically, when a senior faces maltreatment in their care facility, whether intentionally or unintentionally, this is considered nursing home abuse.
According to the National Council on Aging (NCOA), some indicators of nursing home abuse include:
- Being absent from the nursing home for hours at a time
- Poor hygiene
- Sexually transmitted diseases
- Malnutrition or dehydration
- Broken or fractured bones
- Unexplained personality changes
However, not all instances of nursing home abuse display physical signs. For instance, in cases of emotional abuse, victims may not have injuries. They may simply appear withdrawn or depressed. In addition to physical abuse cases, a Kansas City nursing home abuse lawyer can provide legal representation in the following situations:
- Incidents involving sexual abuse
- Incidents involving emotional abuse
- Incidents involving financial abuse
- Incidents involving neglect
The nature of your case will determine what evidence should support it. Interested parties can reach out to Pintas & Mullins Law Firm today to learn more.
All Nursing Homes Have a Duty of Care
All nursing home residents have certain protections under the Nursing Home Abuse Act of 1987. This requires nursing home caretakers and affiliated staff members to provide residents with the best quality of care under the circumstances. When a nursing home fails to uphold the guidelines set by this act, negligent parties could face both civil and criminal consequences.
If you believe that your loved one has suffered at the hands of a care facility, then you have the option of taking legal action against that party. You will need to furnish evidence to show that the nursing home did not meet its required duty of care. However, while caring for your loved one, the evidence collection process may seem like an insurmountable task.
A Kansas City nursing home abuse lawyer can not only gather evidence to support your case but also prove that the nursing home in question did not uphold its duty of care. If your legal team can prove that the nursing home’s negligence resulted in your loved one’s maltreatment, you could recover compensation for your damages.
For a free legal consultation with a Lawyer serving Kansas, call (800) 794-0444
Taking Legal Action After an Instance of Nursing Home Abuse
A Kansas City nursing home abuse lawyer from Pintas & Mullins Law Firm can help you determine what course of action suits your legal goals.
Our legal team can help you by:
Writing and Sending Your Demand Letter
Your lawyer will likely start your case by sending a demand letter to the liable insurance company. In such a letter, your lawyer will outline that your loved one faced nursing home abuse in their facility and that you deserve compensation for your associated damages. If the liable party acknowledges your allegations, they may offer you a settlement.
By resolving your case in this manner, you would not need to file a lawsuit. However, if any disputes arise regarding the validity of your claim, then you may need to litigate your case. A lawyer from Pintas & Mullins Law Firm can help you with this.
Negotiating a Settlement
Upon notifying the liable party of your legal intentions, they may offer you a settlement. Your lawyer will review the cost of your damages and determine whether any proposals meet your needs.
Your lawyer can negotiate coverage for the following damages:
- Your loved one’s health care expenses
- The cost of transferring to a new facility
- Mental health counseling
- Physical therapy
- Assistive devices, like a wheelchair or cane
- Pain and suffering
- Funeral and burial costs (if applicable)
Should you find yourself with a settlement offer, you are under no obligation to accept it. If you do not believe that it is fair, your lawyer can go back to the negotiating table. Still, if you cannot reach an agreement, you can file a lawsuit.
Representing You in Court
One of the first things that you should know about filing a lawsuit is that your case must adhere to the state’s statute of limitations. The details of your case will determine this timeline. For instance, if you lost a loved one due to nursing home abuse, then your lawsuit would adhere to Missouri’s wrongful death statute of limitations stated under Missouri Revisor of Statutes §537.100. However, if your loved one suffered non-fatal injuries, Missouri Revisor of Statutes §516.120 would apply to your circumstances.
If your lawyer needs to bring your case to court, then that is no problem. Pintas & Mullins Law Firm can represent your interests before a judge, present various pieces of evidence, cite the cost of your damages, and advocate for your loved one’s right to safety. We can also review your circumstances and explain how Missouri’s statute of limitations affects your case.
Personal Injury Lawyer Near Me (800) 794-0444
Call Pintas & Mullins Law Firm Today to Learn More
If your elderly loved one suffered nursing home abuse, then you have the right to take legal action. You can work with a Kansas City nursing home abuse lawyer from Pintas & Mullins Law Firm throughout the duration of your case. We can help you secure financial recovery for your loved one’s abuse-related losses. We do not shy away from tough cases, so do not hesitate to reach out to our team. Dial (800) 842-6336 to explore your options for free.