Nursing Home Abuse Lawyer Kansas City
The decision to place a loved one in a nursing home or assisted living facility is never easy. That’s why some families take their time trying to find the best location. A nursing home must provide proper care and ensure good treatment and a safe environment. If the nursing home staff fails to take care of your family member and abuse and neglect them in any way, you should take immediate legal action to protect them.
According to the Nursing Home Abuse Center, nursing home abuse has seen a considerable increase recently throughout the United States. Over two million senior citizens have suffered mistreatment, exploitation, abuse, or injuries. While professionals estimate that one in ten senior citizens suffer some form of abuse, other studies have shown that 2,000 nursing homes in the United States had a neglect rate of nearly 95% and an abuse rate of 44%.
Under no circumstances should you or your family tolerate any amount of abuse, be it mental or physical. If such an incident happens, contact one of our attorneys as soon as possible.
How to Tell if One of Your Family Members Has Been Abused in a Nursing Home?
The Kansas Department for Aging and Disability Services (KDADS) licenses and regulates long-term care facilities. Therefore, they are responsible for investigating any allegations of abuse, exploitation, neglect, or failure to provide a safe environment to residents in care homes.
Some of the most common signs of nursing home abuse include:
#1. Physical Abuse
If the nursing home staff members are aggressive or violent when interacting with residents, seek immediate help. Residents may suffer severe injuries such as traumatic brain injuries, fractures, lacerations, spinal cord injuries, or internal bleeding. If you see any unexplained cuts or bruises, on your family member, consider investigating and reporting the situation.
#2. Psychological Abuse
If your loved ones begin to show signs of depression or become more reclusive, you should consider that these are signs of possible emotional abuse at the nursing home. Staff members can yell at residents, isolate, emotionally abuse, or threaten to hurt them.
#3. Neglect
In many cases, nursing homes fail to accomplish their obligations to their residents. In doing so, residents might get hurt, or the staff can make serious medication errors. Other forms of neglect may refer to dirty conditions, undisposed trash, or soiled sheets.
#4. Sexual Abuse
Sexual abuse sometimes occurs in the nursing home, but sadly it is not always reported. In such cases, the signs could include bruises or cuts in genital areas, torn clothing, the victim’s unusual behavior, or sexually transmitted disease symptoms.
#5. Financial Exploitation
Financial exploitation is a widespread form of nursing home abuse. It is when a staff member tries to get financial gains by exploiting their relationships with the residents. You should constantly monitor your loved one’s account activity, and if you notice any suspicious transactions, report the case and seek legal representation.
If any of these signs seem familiar to you, and you are constantly afraid that your family member may have been abused or neglected, the courts in Kansas can help you. As in most cases, you will need to prove and show valid evidence to win a case. Firstly, you will be required to prove that the nursing home owed a duty of care to your family member. Then, you should find evidence that the employees or the nursing home have breached the duty of care and that it caused injuries or aggravated a pre-existing condition to your loved one. Finally, you should show that injuries and damages were caused by the negligence.
What Can You Do If You Suspect Abuse or Neglect at a Nursing Home?
When you place your loved one in a nursing home, you should check if they are safe and taken care of. If you suspect abuse of any kind, do not hesitate to contact the Kansas authorities or consider moving the resident from the nursing home. Call 911 if you think your loved one is dealing with a life-threatening emergency.
Talk to the nursing home administrators as soon as possible, and file a complaint. Document and gather as much information as possible. Make sure to take photos of any injuries your family member suffered. Save any accident reports or medical records. Write down notes about anything related to the case. Ask for medical attention if your loved one has been sexually abused or has not been adequately fed or hydrated.
Finally, get help from an experienced personal injury attorney. By hiring an attorney, you will significantly increase the chances of receiving compensation for your loved one’s mistreatment.
The most common signs of nursing home abuse include:
- infections
- bedsores or pressure ulcers
- brain or head injuries
- malnutrition or dehydration
- sudden weight loss
- suffocation
Statistics on Nursing Home Abuse
- According to the National Institutes of Health (NIH) and the National Center on Elder Abuse (NCEA), older women suffer from abuse more than men do.
- According to the U.S. Department of Justice, at least 1 out of 10 adults over 65 suffer from abuse each year.
- Data from the Population Reference Bureau has shown that in 2017 more than 1.2 million seniors needed nursing home care. It is estimated that by 2030 the number will increase to 1.0 million.
- A study made by the New York State Office of Children and Family Services documented that only 1 out of 25 elder cases of abuse are reported to authorities in the country.
What Should You Do To Prevent Nursing Home Abuse?
Seeking help as soon as you notice something unusual is advised. Prevention is critical in nursing home abuse cases. Look for different facilities, read their reviews, visit them in person and try to select the most trusted nursing home in Kansas.
Once you’ve settled on a nursing home, visit your loved one regularly, and pay attention to any signs of abuse. Always encourage your loved one to speak up if something happens or if something seems suspicious, and then report the actions or injuries to the authorities.
Your family member must understand that these types of abuse are not acceptable and that they should inform you about such incidents as soon as possible. Otherwise, they might put their life at stake or suffer from injuries or financial loss. No matter the situation, nursing home abuse must always be reported.
The most common complaints by nursing home residents are:
- Slow call responses
- Poor food quality
- Staffing issues
- A lack of social interaction
- Sleep disruptions
A nursing home resident can also suffer abuse from other residents, not just the staff members. This is why close communication with your loved one is always recommended.
Why Hire a Nursing Home Lawyer?
It is essential to understand that nursing home abuse is complex. You need to get professional assistance from someone who has worked more than a few years in this practice area. A top-rated and experienced nursing home attorney must also be familiar with the nursing homes in the respective area and the relevant information that could affect your case.
Nursing homes have a lawyer on-site in most cases, but it is best to seek an outside attorney to advise you on your case. An experienced lawyer will assist you in all aspects of filing for damages and may be able to help you recover losses incurred by additional medical costs, as well as compensation for suffering.
At RKB Law, LLC, we offer a free initial consultation for victims of home nursing abuse or neglect. This consultation will help you understand your legal options and the best possible compensation for your case. We promise to stand by you at every step and support you and your loved one throughout the entire process.
Serving our clients is our top priority. You don’t have to be alone in a personal injury case. Whether your loved one has suffered financial exploitation or sexual abuse, RKB Law is here to help you. Schedule your free consultation immediately at (816) 813-8256, and let us fight for your rights. It’s time to stop the abuse.