Few decisions are as difficult as entrusting the care of an elderly or disabled loved one to a nursing home or assisted living facility. When you make this choice, you expect that your family member will be treated with dignity, respect, and compassion.

It’s devastating to learn that instead of receiving proper care, your loved one has suffered abuse or neglect at the hands of those responsible for their wellbeing. If this has happened to your family, an experienced Southeast Missouri personal injury lawyer can help you pursue justice and compensation.

At Cook, Barkett, Ponder & Wolz, our personal injury lawyers have extensive experience representing victims of nursing home abuse and neglect throughout Southeast Missouri (SEMO). We understand the anger, grief, and helplessness families feel in these situations. Our attorneys are here to provide the strong yet compassionate legal advocacy you need during this difficult time.

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Rights of Nursing Home Residents According to Federal and Missouri Law

Nursing home abuse occurs when caretakers harm nursing home residents, either intentionally or through negligent care. While we often think of the elderly as nursing home abuse victims, people of all ages residing in nursing homes and assisted living facilities can suffer mistreatment. This includes younger disabled adults who require full-time nursing care.

The Missouri Department of Health and Senior Services (DHSS) is responsible for investigating reports of nursing home abuse and neglect. However, legal action is often necessary to hold facilities accountable and seek compensation for the harm caused.

Protecting the Rights of Nursing Home Residents

Nursing home residents are among the most vulnerable members of our society. They depend on facility staff for their most basic needs and may be unable to speak up when mistreated. That’s why Missouri law and federal regulations provide nursing home residents with important legal rights and protections.

The Missouri Omnibus Nursing Home Act outlines the rights afforded to all nursing home residents in the state. These include:

• The right to receive adequate and appropriate healthcare and protective services.
• The right to be treated with dignity and respect.
• The right to be free from mental and physical abuse.
• The right to be free from restraints used for discipline or convenience.
• The right to participate in planning their own care.
• The right to manage their own finances.
• The right to voice grievances without fear of retaliation.
• The right to refuse treatment or participate in experimental research.
• The right to privacy in communications and personal affairs.
• The right to associate and communicate privately with people of their choice.

The federal Nursing Home Reform Act of 1987 establishes similar rights for nursing home residents nationwide. This law requires nursing homes to “promote and protect the rights of each resident” and strive to maintain each resident’s “highest practicable physical, mental, and psychosocial well-being.”

Under the Reform Act, nursing homes must:

• Conduct comprehensive assessments of each resident’s abilities and needs.
• Develop care plans tailored to each resident’s needs.
• Prevent deterioration of residents’ abilities to bathe, dress, groom, transfer, ambulate, toilet, eat, and communicate.
• Provide appropriate treatment and services to address residents’ medical, nursing, psychological, and social needs.
• Ensure residents receive adequate nutrition, hydration, grooming, and personal and oral hygiene.
• Respect residents’ dignity, choices, and preferences for schedules and care.

Missouri nursing homes must adhere to both the Missouri Omnibus Nursing Home Act and the federal Nursing Home Reform Act. Violating residents’ rights under these laws is a form of nursing home abuse that may result in civil liability and administrative penalties against the facility.

Unfortunately, violations of nursing home residents’ rights are all too common. Overworked and undertrained staff, inadequate supervision, and corporate cost-cutting can all contribute to the neglect of residents’ needs and dignity. Some unscrupulous nursing homes even unlawfully use chemical or physical restraints to make residents more docile and “easy” to deal with.

If your loved one’s legal rights have been violated by a nursing home, don’t hesitate to contact a knowledgeable nursing home abuse lawyer. An attorney who understands the complex web of laws and regulations governing nursing homes will know how to hold facilities accountable for trampling residents’ rights. Your lawyer will fight to get your loved one the respect, dignity, and quality care they deserve.

Examples of Nursing Home Abuse

Nursing home abuse takes many forms, including:

Physical Abuse

• Hitting, pushing, slapping, kicking, or beating
• Using restraints inappropriately
• Withholding food, water, or medication
• Overmedication or incorrect medication
• Sexual abuse and assault

Emotional Abuse

• Yelling, swearing, and verbal harassment
• Isolating the victim from others
• Threatening, taunting, and intimidation
• Withholding affection

Neglect

• Failure to maintain a sanitary environment
• Not providing basic hygiene
• Ignoring calls for assistance
• Failure to address health issues
• Failure to provide nutritional food and water

Financial Abuse

• Stealing from the victim
• Unauthorized use of credit cards or bank accounts
• Fraudulently modifying wills or power of attorney
• Charging for services that were never provided

Who May Be Held Liable?

Nursing homes and their staff have a legal duty to adhere to a certain standard of care. When abuse or neglect causes harm to a resident, the nursing home and other parties may be held liable. Potentially liable parties in a nursing home abuse case may include:

• The nursing home facility
• Nursing home management and administration
• Staff members who committed abuse
• Third-party contractors who provided services
• Outside healthcare providers

A thorough investigation can uncover the responsible parties and build a strong case for your family.

Proving Liability in Nursing Home Abuse Cases

Holding a nursing home accountable for abuse suffered by a resident requires proving several key elements. First, your attorney must show that the nursing home owed the resident a duty of care. This means the facility had a legal obligation to provide a certain standard of care and protection to the resident.

Next, they must demonstrate that the nursing home breached or failed to uphold that duty of care. This breach could be the result of intentional acts of abuse by staff or negligence, such as failing to screen or train employees properly.

Finally, your lawyer must draw a direct link between the nursing home’s breach of duty and the harm suffered by your loved one. This means showing that your family member’s injuries, medical deterioration, or emotional trauma were the result of the abuse or negligence rather than some other cause.

Meeting this burden of proof in a nursing home abuse case can be challenging, especially when nursing homes often fight hard to avoid liability. A seasoned SEMO nursing home abuse lawyer will know how to conduct a thorough investigation, gather compelling evidence, and craft persuasive legal arguments to establish each element.

From interviewing witnesses to reviewing medical records to working with expert witnesses, your attorney will use every tool available to build the strongest case possible and hold the nursing home accountable.

Compensation in Nursing Home Injury or Wrongful Death Cases

Nursing home abuse frequently causes severe physical, emotional, and financial harm to victims and families. When nursing home abuse results in death, surviving family members may have a wrongful death claim. If your loved one has been harmed in a nursing home, an experienced SEMO nursing home abuse lawyer can help you recover damages for:

• Medical Expenses: Past and future medical care required due to abuse or neglect.
• Pain and Suffering: Compensation for physical and emotional trauma.
• Relocation Costs: Expenses for moving your loved one to a safer facility.
• Wrongful Death Damages: Funeral costs, loss of companionship, and financial losses associated with a wrongful death.
• Financial Losses: From fraud or theft.

While no amount of money can undo the harm, compensation can provide financial relief and hold negligent facilities accountable.

Signs of Nursing Home Abuse

Sadly, many instances of nursing home abuse go unreported. Some victims are unable to communicate what is happening to them due to medical issues. In other cases, victims stay silent out of fear, shame, or intimidation by their abusers. Family members play a vital role in identifying signs of potential nursing home abuse and taking action to stop it.

Warning signs of nursing home abuse include:

• Unexplained injuries like cuts, bruises, or broken bones
• Repeated falls or accidents
• Sudden changes in behavior or emotional state
• Newly developed fear or agitation
• Inappropriate or unusual physical or emotional intimacy with a caretaker
• Signs of malnutrition or dehydration
• Unsanitary living conditions
• Bed sores or skin ulcers
• Medication issues
• Missing money or property

If you suspect nursing home abuse, report it to the proper authorities immediately. Then, contact a knowledgeable SEMO personal injury lawyer to discuss your legal options. Swift action protects your loved one and helps preserve crucial evidence in your case.

Our Approach to Nursing Home Abuse Litigation

Nursing home abuse cases are among the most emotionally challenging cases we handle at Cook, Barkett, Ponder & Wolz. We know that you’re coming to us after your trust has been broken in the most painful way. Your family member has been grievously mistreated by the very people you trusted and paid to ensure their health and safety. We take that violation of trust personally and fight tenaciously to hold abusers accountable.

Our nursing home abuse attorneys take a caring, hands-on approach with each client. We start by listening to your story and making sure we understand your loved one’s experience and your goals for the case. We then get to work conducting a thorough investigation. Our lawyers gather records, interview witnesses, and consult with experts in medicine, nursing care, and other specialties to build the strongest case possible.

We prepare each case as if it will go to trial while simultaneously pursuing productive settlement negotiations with the other side. Our trial-ready approach shows nursing homes and their insurance companies that we mean business. We won’t hesitate to argue your case in front of a jury if the other side refuses to make you a fair settlement offer.

Throughout the process, we maintain regular communication with you to ensure you’re kept up to date on developments in your case. We know your ultimate goal is to ensure your loved one’s safety and well-being. Our nursing home abuse lawyers work with you to get your family member out of the abusive environment and into a situation where they’ll be treated with kindness and respect.

Conveniently Located to Serve Clients Across Southeast Missouri

From our office across from Cape Girardeau’s Osage Center, the nursing home abuse attorneys at Cook, Barkett, Ponder & Wolz represent clients across Southeast Missouri. Our central location allows us to handle cases from Sikeston, Scott City, Poplar Bluff, Perryville, Jackson, and beyond.

No case is too difficult for our experienced personal injury lawyers. We have a record of success taking on complex cases involving serious injuries, complicated medical issues, and powerful defendants. We also make the process as easy as possible for our clients, offering virtual meetings and electronic document signing for those who can’t come to our office.

If your loved one has been abused or neglected in a Southeast Missouri nursing home, don’t suffer in silence. Contact the dedicated SEMO personal injury lawyers at Cook, Barkett, Ponder & Wolz to schedule a consultation. We’ll treat you with the compassion you deserve and fight tirelessly to secure justice for your family.

Call us today at 573-335-6651 for your free initial consultation, or contact us online now.

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