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Protecting Your Loved Ones With The Help of Nursing Home Abuse Lawyers in St. Louis

At Missouri Injury Law Firm, we recognize the gravity of nursing home abuse and are dedicated to protecting the rights and dignity of the elderly. Our experienced legal team is committed to handling these sensitive cases, standing against neglect and mistreatment in Missouri’s nursing homes. We understand the trust families place in these facilities and are here to ensure that trust is honored and your loved ones are treated with the care and respect they deserve. Contact us today for a free, confidential consultation.
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What is Nursing Home Abuse and Neglect?

Nursing home abuse refers to any form of mistreatment or harm inflicted upon elderly residents in long-term care facilities. 
Abuse implies intentional actions that cause harm or distress to a resident, while neglect involves a failure to provide necessary care, leading to harm or risk of harm. 
These behaviors can stem from staff misconduct, inadequate staffing, or poor facility management. Abuse and neglect in nursing homes are serious issues, as they can lead to significant physical and psychological harm to some of society’s most vulnerable members. 
It’s crucial to recognize these issues early and address them promptly to safeguard the well-being of nursing home residents. Our skilled lawyers can help you identify nursing home abuse and neglect and inform you about your family’s legal rights.

Signs of Nursing Home Abuse

Signs can vary depending on the type of abuse, but there are common indicators to be aware of. Physical abuse may manifest as unexplained bruises, cuts, burns, or fractures. Behavioral changes, such as withdrawal, fearfulness, or sudden mood swings, can indicate emotional or psychological abuse. 
In cases of neglect, look for signs like poor hygiene, unattended medical needs, sudden weight loss, or dehydration. It’s also important to watch for bedsores or infections, which can suggest inadequate care. 
For financial abuse, unexplained changes in financial documents or unusual bank account activities can be red flags. Sexual abuse might be harder to detect, but symptoms could include bruising around private areas or unexplained sexually transmitted diseases. 
Additionally, overmedication or sedation can be a sign of abuse, often used to control or subdue residents. If you notice any of these signs, it’s important to take them seriously and investigate further.
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Types of Nursing Home Abuse

Understanding the different types of abuse is crucial for identifying and preventing mistreatment in nursing home settings. If you suspect any form of abuse as presented below, take immediate action by calling Missouri Injury Law Firm.

Steps to Take if You Suspect Nursing Home Abuse

Individuals who have suffered from nursing home abuse, or their families, have specific legal rights in Missouri, designed to protect and provide recourse against such mistreatment.

Right to Pursue Legal Action

Victims can file lawsuits against the nursing home or responsible parties for damages due to abuse or neglect, covering medical costs, pain, suffering, and potentially punitive damages.

Protections Under Missouri Omnibus Nursing Home Act

This act sets standards for nursing home care in Missouri, ensuring residents’ right to proper care and a safe living environment, and the right to be free from abuse and neglect.

Legal Action Against Nursing Homes

Beyond individual abusers, legal action can extend to the nursing home itself for failing to provide a safe environment or for negligent hiring practices.

Recovery of Attorney's Fees

Missouri law allows for the recovery of attorney's fees in certain cases, aiding the financial feasibility of seeking legal redress.

Statute of Limitations

The statute of limitations in Missouri is typically five years for personal injury claims but can vary. Prompt action is necessary to ensure legal rights are not forfeited.

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Review Your Case with Missouri Injury Law Firm

Talk to our attorneys who specialize in nursing home abuse for helping you navigate the legal complexities and protect your rights.

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How Missouri Injury Law Firm Can Help

Our experienced legal team brings deep knowledge of Missouri’s laws and regulations pertaining to elder care and abuse. We offer thorough investigation services, gathering evidence to build a strong case, including medical records, eyewitness statements, and expert testimonies. 
Understanding the emotional and physical toll such abuse takes on victims and their families, we approach each case with sensitivity and dedication, ensuring that our clients feel heard and supported. 
Our attorneys are skilled in negotiating with nursing homes and insurance companies, aiming to secure fair compensation for damages suffered, including medical expenses, pain and suffering, and in severe cases, punitive damages. 
If necessary, we are prepared to take the case to court to seek justice. We operate on a ‘No Win, No Fee’ basis, removing financial barriers to allow you to access quality legal representation without worries or obstacles.

Filing a Nursing Home Abuse Claim in Missouri

The goal of filing a nursing home abuse claim is not just to achieve compensation but also to uphold the safety and dignity of nursing home residents by holding the facility accountable for its actions. Here’s a breakdown of the key steps involved:

Compensation for Victims of Nursing Home Abuse

Compensation for victims of nursing home abuse in Missouri typically covers both financial and non-financial damages. Financial or economic damages include tangible losses such as medical expenses incurred for treating injuries resulting from the abuse, and in some cases, the cost of future medical care. Additionally, compensation may cover any financial losses due to the abuse, like stolen assets in cases of financial exploitation.
Non-economic damages are more subjective and include compensation for the pain and suffering endured by the victim. This takes into account the physical discomfort, emotional distress, and overall reduction in life quality resulting from the abuse. In particularly egregious cases of abuse, punitive damages may also be awarded. These are not meant to compensate the victim but rather to punish the abuser and serve as a deterrent to others.
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Your First Meeting with Our Nursing Home Abuse Attorneys

Here’s what you need to prepare before your first consultation with your nursing home abuse attorney:

Medical Records

Gather all medical records related to the abuse or neglect that occurred at the nursing home. These records can provide valuable evidence of the injuries or mistreatment your loved one endured.

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Incident Reports

Obtain copies of any incident reports filed at the facility. These reports can document specific instances of abuse or neglect, serving as crucial evidence in your case.

Photos or Videos

If possible, gather photographs or videos that capture any visible signs of abuse, such as bruises, bedsores, or injuries. These visual data can provide powerful evidence of the abuse.

Contact Details

Provide contact information for all parties involved, including witnesses, healthcare providers, and staff members who may have witnessed or have knowledge of the abuse.

What to Expect: The Legal Process Explained

Investigative Phase

Your attorney will meticulously investigate the case, gathering evidence such as medical records, witness statements, and expert opinions. This thorough investigation lays the foundation for a strong case.

Filing a Lawsuit

Your lawyer will file a lawsuit against the responsible parties, initiating the legal process. This formal action demands accountability for the abuse or neglect.

Discovery Phase

Both sides engage in a crucial exchange of information, including written requests and depositions. Your attorney will diligently uncover additional evidence to strengthen your case.

Negotiations and Settlements

Many cases are resolved through negotiations, where your lawyer will actively advocate for fair compensation and explore potential settlement options.

Trial Preparation

If settlement is not feasible or in your best interest, your attorney will meticulously prepare for trial. This phase involves assembling expert witnesses, crafting compelling arguments, and anticipating potential challenges.

Trial Proceedings

Both sides present their cases before a judge or jury, who will determine liability and damages. This culmination of the legal process aims to hold those responsible accountable.

Appeals

If either party contests the trial outcome, they have the right to appeal within specified timeframes.

Client Testimonials

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Vicky GoiaVicky Goia
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Gene Hou and his team are amazing people who will go above and beyond the call of duty to get the... job done. I would highly recommend this law firm to define you in amy injury case. Thank you all for everything you have done in my case.read more
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Gene was extremely professional, knowledgeable and friendly throughout our case. His communication... and availability was top notch and were impressed with his service and team all around. Every step of our case was explained in detail and we are very happy with the final resolution.read more
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Tesfay Adane (Tess)Tesfay Adane (Tess)
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FAQ

Find answers to frequently asked questions about our personal injury law firm.

Victims of nursing house abuse in Saint Louis may have several legal options, including:

  • Filing a civil lawsuit against the nursing home and/or the responsible caregivers.
  • Filing a complaint with the state licensing agency.
  • Pursuing criminal charges against the abuser.

Trying to find a St Louis nursing home abuse lawyer? Call Missouri Injury Law Firm today!

Yes, nursing home staff can be held personally liable for abuse. If a staff member is found to have intentionally harmed or neglected a resident, they can face both civil and criminal consequences. 

Civilly, they can be sued for damages by the victim or the victim’s family. Criminally, they may face charges such as assault, battery, or elder abuse, depending on the nature and severity of their actions. 

It’s important to note that the nursing home as an entity can also be held liable, particularly if it is found that they failed to provide adequate training, supervision, or staffing levels, or if they neglected to take appropriate action upon learning of the violence incident.

The duration of a nursing home abuse lawsuit in Missouri can vary significantly depending on the complexity of the case, the amount of evidence, the willingness of parties to settle, and court schedules. Generally, a lawsuit could take anywhere from several months to a few years. 

Simple cases with clear evidence of abuse and parties willing to settle quickly may resolve in a shorter timeframe. 

However, more complex cases requiring extensive investigation, evidence gathering, and possibly a trial can take longer to reach a resolution. 

Our experienced attorneys can help you navigate the process and provide more specific timelines based on the details of the case.

The types of compensation that may be pursued include:

  1. Medical Expenses: Compensation for medical treatment required as a result of the neglect. This includes hospital bills, medication costs, rehabilitation expenses, and any future medical care needed to address the injuries or health issues caused by the neglect.
  2. Pain and Suffering: Compensation for the physical pain and emotional distress experienced by the senior due to neglect. This acknowledges the non-physical impact of neglect, including mental anguish, anxiety, depression, and loss of enjoyment of life.
  3. Disability and Disfigurement: If the neglect leads to a permanent disability or disfigurement, seniors can seek compensation for these long-term impacts, which may include changes in lifestyle and the need for ongoing care or assistance.
  4. Costs of Relocation: If it becomes necessary to move the senior to another facility due to neglect, the costs associated with relocation and finding a new, safe living environment can be included in the compensation.
  5. Loss of Quality of Life: Compensation for the decline in the senior’s quality of life, including loss of independence, decreased mobility, and the inability to engage in activities they once enjoyed.
  6. Punitive Damages: In cases where the neglect is found to be particularly egregious or a result of willful misconduct, punitive damages may be awarded as a way to punish the offending party and deter similar conduct in the future.

Missouri’s Nursing Home Abuse and Neglect Lawyers

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Missouri Injury Law Firm has the proven expertise to handle your case and provide you with step-by-step legal assistance. Our comprehensive approach means we meticulously handle every detail, striving for the compensation you deserve. Our attorneys provide representation and are committed to every client, regardless of the circumstances.