Nursing Home Abuse Attorney in Kansas City
Putting a loved one in a nursing home or assisted living facility is one of the most difficult decisions many of us will ever have to make. We want our parents and grandparents to get proper care from professional caretakers and nurses in a way we cannot provide ourselves. When these nursing home caregivers betray our trust by neglecting our loved ones, they must be brought to justice.
If you suspect nursing home abuse, contact a Kansas City nursing home abuse lawyer immediately. Trying to maneuver a neglect or abuse claim can be challenging and confusing, but you don’t have to do it alone.
At the Eslinger Law Firm, we understand elder abuse law and can provide professional legal representation and legal advice when you most need it.
It is unacceptable for the most fragile and vulnerable in our society to feel pain, fear, and sadness because of their nursing home’s lack of care and attention. It is critical to our nursing home abuse lawyers to hold any responsible parties accountable and to seek financial compensation for the trauma inflicted on your family.
Nursing Home Abuse Statistics
It is a sad and sobering truth that nursing home abuse is as common and persistent as it is throughout the United States. In 2012, 24 percent of nursing home elders reported that a staff member physically, sexually, emotionally, or financially abused them. As many as two million seniors have undergone injury, abuse, and exploitation from their caregivers.
Another study notes that one in 10 elderly residents in nursing homes will suffer some form of abuse. Other studies indicate that elderly individuals are more at risk for neglect and abuse than those who live at home.
Even worse, these and other statistics may not even paint the entire picture since not every case of elder abuse is reported. We must do our best to protect those who are vulnerable, especially considering the impending boom of aging baby boomers.
Our nursing home abuse law firm in Kansas City can help you and your loved ones in your time of need.
Recognizing Elder Abuse and Neglect
Nursing home abuse is when caregivers inflict sexual abuse, physical abuse, psychological trauma, emotional injury, or seek to financially exploit any person under their care.
Nursing home neglect is when caretakers in a nursing home fail to provide the services they have signed on to complete. Neglect can present danger to the safety, well-being, and health of your loved one and can result in serious physical injury or wrongful death.
There are many different ways nursing home residents can be abused by a Kansas City nursing home, including but not limited to:
- Social or emotional abuse: This is when nursing home facilities ignore elderly residents, verbally abuse them, or leave them alone for extended periods
- Sexual abuse: The nursing home should be the last place where you must be concerned about sexual abuse, but unfortunately, this commonly occurs. Evidence can include STDs, bruises, torn underwear, and strange behavior from the resident
- Psychological abuse: Nursing home staff members can cause stress or psychological pain through verbal or nonverbal abuse
- Personal hygiene neglect: The elderly person receives inadequate help with cleaning, laundry, bathing, brushing of teeth, and other necessary hygiene practices
- Basic needs neglect: The elderly person fails to receive water, proper nutrition, or a safe and clean environment
- Medical neglect: The nursing facility makes serious medication errors, fails to prevent bedsores, treat infections, cuts, cognitive diseases, diabetes, head injuries, severe injuries, and exhibits a general lack of medical care
- Financial exploitation: You may be surprised to learn that some nursing homes abuse their relationships with residents for financial gain. Family members should constantly monitor their loved one’s financial transactions to determine any unusual cash withdrawals or activities
Neglect and abuse can materialize in different ways and can be challenging to notice or even prove. However, there are common types of abuse and neglect that can be visible or noticeable that you should pay attention to.
Recognizing the signs of nursing home abuse:
- Sudden weight loss
- Dehydration
- Multiple falls
- Wounds on the heels or tail-bone
- Mood changes or reduction in activity
- Unexplained bruises or cuts
- Worsening confusion or disorientation
- Physical injuries
- Urinary tract infections
- Mismanagement of diabetes
- Choking
- Wrongful death
- Serious injury
- Broken bones
- Sepsis
- Infection
- Malnutrition
- Issues with the feeding tube
- Burns
- Ulcers
- Bedsores
Many of us put a lot of thought, care, and research into finding the perfect nursing home for our elderly family members. Any kind of abuse and neglect is entirely unacceptable.
What Are Your Grounds for Legal Action?
At the Eslinger Law Firm, our nursing home abuse lawyers can determine whether you have a case and if the Kansas City nursing home has participated in elder abuse.
Our nursing home abuse lawyer will collect related evidence like staff reports, medical documents, witness reports, and more. We will work hard to win the financial compensation you and your family deserve.
Some legal grounds for filing nursing home abuse and neglect cases include:
Careless Hiring
Nursing homes have a responsibility to their residents to keep attentive and qualified personnel on staff. They should have the proper training and academic degrees and absolutely no history of violence or abuse. Hiring employees without conducting background checks or knowingly allowing an unqualified person to be in charge of vulnerable residents puts your loved one at risk. The Kansas City nursing home can be held responsible if unskilled and unfit employees neglect their residents.
Understaffing
Ideally, there should be over one staff member for every resident. An inadequate number of staff members can easily result in nursing home neglect simply because the facility cannot handle the needs of everyone.
Furthermore, being understaffed can result in overworked staff members who may not be paid for the additional work they are forced to do. This can result in stress and resentment in staff members who may decide to abuse or neglect the people who depend on them.
Poor Training
Not all nursing homes properly train their employees to gently handle challenging or disabled elders as is required by the law or anticipated by their family members. If inadequate training has resulted in physical abuse or wrongful death, you are within your rights to hold the nursing home accountable.
Third-Party Claim
You can hold a nursing home responsible if the residents suffer abuse from a third party. The nursing home is responsible for providing a safe environment for its inhabitants. For example, suppose your loved one was hurt by another resident or a guest of another resident. In that case, you can hold the nursing home liable if they failed to provide reasonable security or staff to avoid these scenarios.
Breach Of Rights
You could claim elder abuse if the nursing home in Kansas City violated your loved one’s fundamental rights.
Errors With Medications
Almost all elderly residents require medication. Not supplying the correct dosage of medication could result in physical injury or pain.
Not Providing a Clean and Safe Environment
Kansas City nursing home residents are vulnerable to infections and bacteria. Cleanliness is the best way to prevent diseases from spreading. Places like showers, bathrooms, and common areas must be sanitized daily to prevent the spread of germs. If the nursing home staff fails to maintain a clean facility, they could be liable for nursing home neglect.
If you suspect elder abuse or physical abuse in your loved one’s nursing home, you should contact a Kansas City neglect attorney right away. We will restore your peace of mind and fight for your victimized family member or friend.
Hiring a Personal Injury Law Firm
Deciding to place your loved one in a nursing home is never an easy choice. Most people spend a significant amount of time researching the best care facility so that their beloved elder can spend their golden years in comfort and care.
It is your right to expect the nursing home to treat your loved one with respect and provide proper medical care in a safe and clean environment. If your trust has been betrayed through nursing home abuse or neglect, it is your duty to take swift legal action against them to protect others from the same nightmare.
The nursing home abuse lawyers at the Eslinger Law Firm agree with you that no elderly person should ever have to suffer even a minimal amount of mental or physical abuse. Any kind of mistreatment should never be tolerated or accepted. We believe that every person should have the right to compassionate and dignified care, especially at their most vulnerable.
Our Kansas City personal injury lawyers will fight aggressively on your behalf against negligent and reckless facilities and their insurance providers.
Our nursing home abuse attorneys represent clients in Kansas City. We invite you to reach out to us if you have doubts about the nursing home care your loved one is receiving. We can help you determine if there are clear signs of abuse or neglect. We can alert the proper authorities about any level of neglect or abuse so that it isn’t allowed to continue.
The Kansas Department for Aging and Disability Services certifies and supervises nursing home facilities. It is their duty to investigate any claims of neglect, exploitation, abuse, and failure to implement proper services or care to elderly residents. Additionally, the Kansas Long-Term Care Ombudsman Program is an advocacy organization that scrutinizes any claims against nursing home facilities. Many more organizations can help advocate for elderly rights, but we can help you file against a negligent care facility.