Who Pays for Nursing Home Abuse in Missouri?

It's devastating for family members to discover that their loved one has suffered from abuse. According to a 2023 report, there were 34,209 residents in nursing facilities that year. Other reports suggest that Missouri isn't a good state when it comes to nursing home care.

Whether it's because of inadequate staff or other reasons, nobody deserves to get hurt emotionally or physically while they are in these places.

Any nursing home resident who experiences some kind of abuse has the legal right to recover damages. By filing a lawsuit, they can seek justice and recover enough money for their treatment.

Many factors affect nursing home abuse cases, so the first thing people should do is learn more about the topic. This page explains who pays for nursing home abuse in Missouri. By outlining all the essential information, victims will have an easier time when preparing their cases.

What Constitutes Nursing Home Abuse in Missouri?

Nursing home abuse happens when the staff of these facilities harms the residents in any way. In most cases, intentional and unintentional harm will be considered abuse.

Missouri's Department of Health and Senior Services is responsible for regulating nursing homes in the state. However, the department's inspections aren't enough to guarantee that there won't be abuse.

Who Pays for Nursing Home Abuse?

The people responsible for nursing home neglect injuries are the staff in the facility. According to Missouri law, victims and their family members can file a legal claim if there's any injury, illness, or death that resulted from a lack of care.

Usually, the victims will have to negotiate with either the assisted living facility or an insurance company to get compensation. Unfortunately, not all cases end up with a reasonable settlement for the resident.

In cases where negotiation doesn't go anywhere, people must file a lawsuit with the help of a St Louis injury attorney.

How Can Victims Determine Liability in These Cases?

When filing nursing home abuse claims, victims must follow the negligence statute established in the law. According to this statute, victims must prove that the nursing home owed a "duty of care" to them and broke it through negligent or unreasonable actions.

Also, the claimant must prove that said negligent action directly caused injuries and damages related to the person's case.

Proving everything without legal help is hard, which is why it's always a better idea to seek an opinion from an attorney. They can also help with explaining who pays for a work injury in Missouri.

What's the Most Common Type of Abuse in Nursing Homes?

One of the most common causes of nursing home abuse in Missouri is the lack of trained staff. When the staff doesn't get the proper training to care for elderly patients, they're more likely to make mistakes that can be considered abuse.

Unfortunately, people in a nursing home can experience several types of abuse at the same time. Some victims hide their condition out of fear or shame. Regardless of what the case is, it's important to understand the different types of nursing home abuse to be able to identify them in time.

Below is an overview of the different forms of nursing home abuse in Missouri:

Emotional and Physical Abuse

Physical abuse happens when either a caretaker or fellow resident inflicts any kind of injury on the victim. This is one of the most "obvious" types of abuse to identify, as it can show itself in the form of bleeding, burns, bruises, and swelling.

Many actions are considered physical abuse, including:

• Refusing resources to the victim

• Intentional shoving

• Using chemical or physical restraints

• Punching, kicking, and slapping

Some caretakers will try to hide their actions by arguing that the injuries were caused by the victims themselves. Many of them say that elderly patients are more "fragile," so they can get hurt easily.

However, family members should always keep an eye out for any signs of physical injuries, as some caretakers may not be giving the full story about what happened.

What about emotional abuse? Unlike physical injuries, this kind of harm is harder to identify. The main reason why is that it doesn't leave any visible marks most of the time. Another factor to consider is that some residents don't say anything because of fear of retaliation.

Some actions related to emotional abuse include:

• Intentional embarrassment

• Humiliation

• Harassment

• Isolation from other people

• Name-calling

• Intimidation

Whether the victim is experiencing physical or emotional abuse (or both), they deserve to get justice for what happened. Every nursing home abuse case is different, so reviewing the facts with a lawyer could help victims and their family members come up with a solid strategy to fight back.

Sexual Abuse

Sexual abuse happens when there's any kind of inappropriate touching or action within a nursing home. Many people don't believe that sexual assault can happen to elderly patients, but it's still possible.

While the usual perpetrator is the staff of the nursing home, it can also be another resident.

Some kinds of sexual abuse include:

• Coercion to perform a sexual act

• Inappropriate touching or advances

• Taking sexual or suggestive photos without consent

• Rape

How can someone identify that a person experienced sexual abuse? Some signs include torn undergarments, the appearance of STDs, or a sudden change in the person's personality.

Sexual abuse can seriously affect an elderly person mentally and physically. By talking to a nursing home abuse lawyer, family members can review the facts and determine what the best course of action is.

Neglect

Nursing home negligence is common in places with undertrained staff. All long-term care facilities are responsible for taking care of their patients correctly. When a person feels like they're getting inadequate care, they should seek compensation.

There are many signs of negligence to identify. These include:

• Not performing proper medical care

• Not providing food, clothing, or shelter

• Ignoring requests from residents

• Not providing solutions for people with mobility issues

• Leaving the resident in bed for too long

• Not changing residents who experience incontinence

Another reason for neglect involves a lack of staff. However, that shouldn't be a reason for someone to experience physical or emotional harm.

Financial Abuse

Financial abuse happens when caretakers take advantage of the resident's physical or emotional condition to exploit them. Some examples include:

• Changing the recipients of a life insurance policy or will

• Taking money or personal belongings from a resident's room

• Using a resident's credit/debit card without authorization

Some residents don't even notice they're suffering from financial abuse until it's too late. It's crucial for family members to pay attention to their loved one's finances at all times to prevent such issues.

What Damages Can Nursing Home Residents Recover?

Victims of nursing home abuse can recover many kinds of damages, including:

• Medical bills

• Pain and suffering

• Emotional trauma

• Loss of quality of life

• Loss of consortium or companionship

• Loss of resources

In some cases, the abuse can lead to the resident's death. Here, the family members can also sue the facility to get compensation, which can cover funeral and burial costs, among other expenses.

What's Missouri's Statute of Limitations for Elder Abuse in Nursing Homes?

The "statute of limitations" refers to the timeframe people have to file their case. In Missouri, the period depends on the case.

Those who experience general nursing home negligence will have five years to file their lawsuit. On the other hand, those who suffer because of medical malpractice will have two years. Finally, if the abuse results in the death of the resident, the family members will have three years to take legal action.

Regardless of the circumstances, people must file their claim right away to avoid problems. Missing the deadline will likely result in the case getting dismissed.

Should Victims File a Nursing Home Abuse Lawsuit with a Lawyer?

Knowing that a loved one is suffering while they're in the nursing home is devastating. It's even worse when the caretakers deny being involved in any kind of negligent actions.

Fighting in a nursing home abuse case requires extensive knowledge of Missouri's laws. It's also necessary to gather as much evidence as possible, such as medical records, photos, and anything else that could help the case.

However, it's hard to do everything without help. By hiring nursing home abuse attorneys, family members can get peace of mind. These experts fight hard for victims, ensuring they get guidance throughout each stage of the case.

At Powell Law Firm, there are many legal professionals who will negotiate with the at-fault parties on their client's behalf.

When family members notice any signs of abuse in their loved ones, they should act fast and contact a professional. The sooner they start building a case, the better.

Conclusion

Missouri nursing home residents deserve to get a proper level of care. When the staff engages in any form of emotional or physical abuse, victims must take action right away.

Calling nursing home abuse lawyers is the best step to take toward success. A legal professional will always have their clients' best interests at heart, so they'll create a powerful strategy to earn them the compensation they deserve.

Experts at Powell Law Firm are willing to become the perfect partners for victims. Those who want to learn more about their work as nursing home abuse attorneys can seek a free consultation today.