Independence Nursing Home Abuse Attorneys

Seeking Justice for You & Your Family 

Long-term care facilities, including nursing homes, have a strict duty of care to residents. They must not only adequately provide for residents’ basic needs but also ensure their continued health, safety, and wellbeing. When these facilities fail to protect their residents, the consequences can be extreme—and those responsible can be held accountable. 

At the Law Office of Tom Wagstaff Jr., we represent clients throughout Jackson County, MO in all types of nursing home abuse and neglect cases. Our experienced legal team has a long track record of success in bringing negligent caregivers and nursing homes to justice; we are prepared to aggressively advocate for you and your family. 

Let our Independence nursing home abuse attorneys fight for the justice you deserve; call (816) 597-4556 or contact us online for a free consultation today.

What is Nursing Home Abuse?

Nursing home abuse refers to any form of mistreatment, harm, or neglect inflicted upon residents in long-term care facilities. It can manifest in various ways, and some common forms include:

• Physical Abuse: This involves the use of physical force that causes injury, pain, or impairment. It could include hitting, pushing, inappropriate restraint, or force-feeding.
• Emotional or Psychological Abuse: This type of abuse can be harder to detect but is equally damaging. It involves intimidation, verbal assaults, humiliation, or isolation, causing emotional pain or distress.
• Sexual Abuse: Any non-consensual sexual contact, coercion, or behavior inflicted upon a nursing home resident constitutes sexual abuse. This can include unwanted touching, sexual assault, or any sexual activity forced upon the resident.
• Neglect: Neglect occurs when caregivers fail to fulfill their responsibilities to provide necessary care and attention. It can include inadequate nutrition, hygiene, medical care, or ignoring a resident's needs.
• Financial Exploitation: This involves unauthorized or improper use of a resident's funds, property, or assets. It can include theft, coercion, or deception for personal gain by caregivers or others in the facility.
• Healthcare Fraud: This form of abuse involves overmedicating residents, providing unnecessary treatments, or billing for services not rendered, leading to financial gain for the facility at the expense of the resident's well-being.

Proving Liability in a Nursing Home Abuse Claim

In Missouri, to succeed in a nursing home abuse claim, several elements must typically be proven. These elements generally apply to various forms of abuse within a nursing home setting:

1. Duty of Care: Establish that the nursing home owed a duty of care to the resident. This duty includes providing a safe and secure environment, appropriate medical care, emotional support, and protection from harm.
2. Breach of Duty: Show that the nursing home breached its duty of care. This can involve demonstrating that the facility or its staff failed to meet the expected standard of care through negligence, inadequate supervision, insufficient staffing, or other actions that led to harm or neglect.
3. Causation: Prove that the breach of duty directly caused harm or injury to the resident. This requires linking the specific actions or lack of action by the nursing home to the harm suffered by the resident.
4. Damages: Document the damages suffered by the resident as a result of the abuse or neglect. This can include physical injuries, emotional distress, financial losses, or any other harm experienced by the resident.

Gather and present evidence to support the claim. This evidence can include medical records, witness testimony, photographs, expert opinions, documentation of the resident's condition before and after the abuse, and any other relevant information.

Identifying Nursing Home Abuse 

Nursing home abuse is a prevalent but often difficult-to-detect problem in long-term care facilities nationwide. If you have a family member or loved one living in a nursing home, it is important that you not only know what constitutes abuse/neglect but also that you know the signs that something isn’t right. 

Some of the most common signs of nursing home abuse and neglect include: 

• Unexplained injuries, such as bruises, cuts, or broken bones 
• Signs of physical or chemical restraint, including marks on wrists or ankles
• New or worsened bedsores (or “pressure ulcers”) 
• Undiagnosed or untreated illnesses, medical conditions, or infections 
• Changes in mood or behavior, such as increased aggression or crying 
• New or worsened depression, anxiety, and other mental health conditions 
• Preventable accidents, such as falls 
• Injuries to the genitals, groin, upper thighs, or female breasts
• New sexually transmitted infections (STIs) 
• Malnutrition and/or dehydration 
• Soiled or dirty clothing or bedding 
• Unsanitary, unclean, and/or unsafe conditions 
• Changes in financial circumstances, including unexplained withdrawals 
• Unexplained changes to a will, trust, or power of attorney 

Remember, nursing home abuse is not always physical. Emotional abuse, social isolation, sexual assault, financial exploitation, and general neglect all constitute nursing home abuse. 

How to Report Nursing Home Abuse in Independence

Reporting nursing home abuse in Missouri involves specific steps to ensure the safety of the resident and initiate an investigation. Here's a guide on how to report nursing home abuse in Missouri:

1. Contact the Missouri Department of Health and Senior Services (DHSS):

   • Report suspected abuse or neglect to the DHSS. They oversee nursing homes and handle complaints related to resident care.
   • You can contact the DHSS's Section for Long-Term Care Regulation at 1-800-392-0210 (24/7 hotline) or 573-751-6303 (during business hours).

2. Provide Detailed Information:

   • When reporting, be ready to provide comprehensive information about the resident, the nursing home facility, and the nature of the suspected abuse or neglect.
   • Include any evidence you might have, such as photos, medical records, witness statements, or documentation.

3. Anonymous Reporting:

   • Missouri allows for anonymous reporting of suspected abuse or neglect. While sharing your identity can assist in the investigation, it's not mandatory.

4. Follow-Up:

   • If you haven't received any confirmation or response about your report within a reasonable time frame, consider following up with the DHSS.

5. Contact Law Enforcement if Immediate Danger Exists:

   • If there's an immediate threat to the resident's safety or life, contact local law enforcement or emergency services (911) to ensure immediate intervention.

6. Legal Assistance:

   • Consider seeking legal advice from an attorney experienced in elder law or nursing home abuse if you believe legal action is necessary to protect the resident's rights and safety.

You can also notify the Missouri Long-Term Care Ombudsman office  or check up on a report made using the Adult Abuse and Neglect Hotline by visiting the state’s Adult Protective Services website.