If your loved one sustained injuries from nursing home abuse, contact the Liberty personal injury lawyers of House Packard McElderry, LLC immediately. You could hold the at-fault party liable for their actions and seek compensation to cover medical care and other costs. We might be able to represent you in your case and handle each step of the process on your behalf.

Federal and state laws protect dependent and disabled adults who are in someone else’s care. Abuse is prevalent among elderly individuals, especially in community settings, such as nursing homes. Even if the victim doesn’t suffer severe or debilitating injuries, they have a right to pursue legal action against their abuser.

Unfortunately, many older adults don’t have the resources or ability to handle a time-consuming and stressful legal process. Some have cognitive impairments and might not remember what happened to them. You could be your loved one’s advocate and assist them with their case. House Packard McElderry, LLC can step in to handle the legal aspects so you can focus on getting your family member the treatment they need.

People often target the elderly because they typically can’t defend themselves against attacks. The perpetrator is usually someone the older adult trusts, such as a family member, nurse, or caretaker. This makes it incredibly challenging to notice when abuse happens. The victim might not remember the incident due to a disease like dementia or Alzheimer’s. Sometimes, the victim is afraid of their abuser and doesn’t speak out about what happened for fear of retaliation.

The Liberty nursing home abuse lawyers of House Packard McElderry, LLC know how devastating it is to learn someone you thought you could trust abused your family member. Preparing a case while caring for your loved one can be overwhelming. You don’t have to do both. Let us relieve your burden by investigating the incident and negotiating a settlement with your insurance company. You should spend time getting your loved one the medical help they need or moving them out of harm’s way, so they don’t suffer additional abuse at the nursing home.

For a free consultation to learn more about what House Packard McElderry, LLC can do for you and your relative, call us at (816) 381-9105 today.

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You can reach out to our top-rated Liberty nursing home abuse lawyers 24/7 to request a free consultation. Request a free consultation

Common Types of Nursing Home Abuse

Nursing home abuse happens when a caregiver intentionally causes a resident’s injury. Multiple types of abuse can occur in nursing homes, such as:

Physical Abuse

Physical abuse of an older adult is when someone uses physical force to inflict pain or an injury.

Sexual Abuse

Sexual abuse involves force, threats, or coercion to engage in sexual acts with an elderly person without their consent. It can also occur if the patient isn’t able to give consent because they are unconscious or mentally incompetent.

Neglect

Neglect happens when a caretaker refuses or fails to fulfill their duties and obligations to provide basic needs, such as food and water, to a dependent adult.

Emotional Abuse

Emotional abuse is the use of verbal and nonverbal actions to cause mental pain, distress, or anguish.

Financial Exploitation

Financial abuse involves the improper or illegal use of a resident’s personal property, money, or assets.

Abandonment

Abandonment occurs when the person who assumes the role of caregiver of an older adult deserts them.

Self-neglect

Self-neglect is an elderly person’s refusal to perform the necessary tasks to take care of themselves, which places their safety or life at risk.

Your loved one’s injury isn’t necessarily from abuse. Sometimes, accidents happen in nursing homes despite the staff doing their jobs and taking the necessary precautions. However, if you believe your family member suffered any form of abuse, you should reach out to House Packard McElderry, LLC immediately. One of our Liberty nursing home abuse lawyers can review the circumstances and determine who we can hold liable.

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If your loved one is being mistreated in a nursing home, they deserve justice. Our Liberty nursing home abuse lawyers can fight on your behalf.

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Common Causes of Nursing Home Abuse

Statistics show that around one in six older adults at least 60 years of age experienced some form of abuse in a community setting. The rate of elder abuse is high in institutions, such as long-term care facilities and nursing homes. Two out of three staff members admit to abusing a patient in the past year. A range of factors can cause someone to abuse a dependent adult. The most common causes of nursing home abuse include:

Inexperienced Employees

Some staff members in community settings don’t have the proper licensing or certification. Others have minimal or no experience in caring for patients. Inexperienced employees will likely make mistakes that cause a resident’s injury, such as administering incorrect medicine or forgetting to check on an immobile patient.

Inadequate Training

Nursing facilities should provide training so that employees know the protocols and standards to follow. Staff should receive training when they’re hired and throughout their employment. Without the proper training, they could make the wrong judgment call during an emergency or use too much physical force while caring for an unruly patient.

Negligent Hiring Procedures

Nursing home owners and management must hire experienced and qualified employees. They should perform thorough background checks to review employment history, criminal records, and other necessary information. Some facilities hire employees without a background check, allowing someone with a history of violence or abuse to come in close contact with the residents.

Understaffed Nursing Home

Understaffed facilities often lead to a lower quality of care and a higher likelihood of medical errors. It’s more challenging for nurses to check on all their patients due to an overbooked schedule. Staff might rush through their duties to get the job done but make dangerous mistakes that endanger the residents.

Underpaid Employees

When a nurse, assistant, or another staff member feels underappreciated because of inadequate pay, they might focus their frustration on the residents. Abuse can occur when employees don’t receive the wages and benefits that they believe they deserve for the work they usually do.

If your relative was the victim of abuse in a nursing home, contact House Packard McElderry, LLC so we can start preparing a case. We need to obtain the evidence to prove what happened and show that your loved one is entitled to compensation for their injury.

Common Types of Nursing Home Abuse Injuries

A range of injuries can result from abuse. The severity depends on the type and which body part is affected. Many nursing home abuse victims have frail bodies, and an injury that might be minor in a younger person could turn into a severe or life-threatening injury. Complications can arise that lead to long-term medical issues. The most common injuries from nursing home abuse include:

  • Broken bones
  • Loss of hearing or vision
  • Malnourishment
  • Internal bleeding
  • Psychological trauma and mental illness
  • Bedsores and pressure ulcers
  • Traumatic brain injury
  • Broken or missing tooth
  • Abnormal bruising
  • Cognitive decline
  • Dehydration
  • Spinal cord injuries
  • Burn injuries
  • Puncture wounds
  • Infections
  • Asphyxiation
  • Paralysis

Medical bills can cause significant financial strain. You can face crushing debt if you and your loved one can’t afford their necessary treatment. The at-fault party should be financially responsible for your loved one’s injury. You could pursue compensation to cover various losses, so you don’t have to pay out of pocket.

Compensation for Nursing Home Abuse

The facility where your family member resides should have insurance that covers the actions of their staff. You could file a claim with their insurance carrier and seek a settlement for your loved one’s injury. The compensation you receive might cover losses such as:

  • Out-of-pocket expenses
  • Loss of enjoyment of life
  • Medical bills
  • Permanent impairment and disability
  • Mental anguish
  • Pain and suffering
  • Damage to personal property

If the facility or at-fault party doesn’t have liability insurance or the insurance company denies your claim, you could file a lawsuit. You might recover punitive damages if you can show clear and convincing evidence that the defendant caused intentional harm without just cause or acted with flagrant and deliberate disregard for the safety of others. Compensation for wrongful death is also available. You could file a lawsuit if your loved one died during the abuse or from a fatal injury at the nursing home. The financial award you receive could compensate you for losses related to the death, such as:

  • Medical bills associated with the deceased’s final injury or illness
  • Funeral and burial costs
  • The reasonable value of lost guidance, companionship, support, counsel, instruction, comfort, and consortium the deceased can no longer provide
  • Pain and suffering your family endured because of the death

Statute of Limitations for Nursing Home Abuse Missouri’s statute of limitations allows five years for injury cases in Missouri. That means you have five years from the date your loved one sustained an injury to file a lawsuit. If your relative died from abuse or neglect in a nursing home, you must initiate your lawsuit within a three-year statutory period. That means you have three years from the date of their death to file suit against the negligent party.

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When you trust someone to care for your family member, you expect them to provide for your loved one’s basic needs and to supply the assistance necessary to prevent an injury. Discovering that abuse or neglect occurred is upsetting. You don’t have to face the abuser alone. House Packard McElderry, LLC is here to help you seek the justice your loved one deserves. If your older relative sustained injuries or died from abuse while living in a nursing home, call House Packard McElderry, LLC at (816) 381-9105 immediately. One of our nursing home abuse lawyers in Liberty, MO, can meet with you for a free consultation to advise you about the available legal options. Let us help you hold the negligent party accountable for their misconduct.