Any type of abuse is devastating, but it is particularly infuriating and devastating when the victim is someone as vulnerable as a nursing home resident. We trust nursing homes to protect our loved ones, take care of them, and provide them with dignity and respect. When nursing home staff and facilities fail to uphold their duty of care, they must be held responsible.
If you or a loved one suffered from nursing home abuse, you might be entitled to significant compensation. Contact the trusted nursing home abuse attorneys at OnderLaw, LLC today to schedule your free consultation and see how we can help you get the compensation and justice you deserve. Call us at (314) 963-9000 or contact us online.
How Can a Lawyer Help With My Nursing Home Abuse Lawsuit?
It can be difficult to get justice in a nursing home abuse case if you try to handle the case on your own. To win your case, you need to not only provide evidence of a specific injury, but you must also prove that someone else’s negligence caused the injury. Oftentimes, nursing home abuse cases are filed by loved ones of residents who might get confused easily, have memory issues, or even be unconscious. Trying to uncover this evidence on behalf of your loved one might be impossible without the help of an experienced nursing home abuse lawyer.
Our skilled St. Louis injury lawyers have extensive knowledge on proving nursing home abuse and they are well-versed in the rules and regulations that nursing homes must meet. They can help you gather complicated evidence, such as medical records, state licenses, and even photographs and videos to help prove your case.
An experienced attorney can also represent you and your loved one in negotiations with the nursing home and their insurance and legal representatives, so you don’t have to deal with them. They can negotiate for a fair settlement on your behalf and if needed, fight for your rights and maximum compensation in court.
Why Should I Choose the St. Louis Nursing Home Abuse Lawyers at OnderLaw, LLC?
At OnderLaw, LLC, our skilled nursing home abuse attorneys have over three decades of experience fighting for clients just like you. We’ve helped victims across St. Louis and surrounding areas get millions of dollars for their injuries caused by others’ negligence. As demonstrated by our substantial case results, our nationally recognized lawyers have the legal skills to tackle the toughest cases and win major victories for our clients. Beyond achieving outstanding results for our clients, our compassionate attorneys also pride themselves in providing clients with the utmost respect and personal attention.
If you or a loved one have experienced abuse at a nursing home or long-term care facility, the experienced lawyers at OnderLaw, LLC want to help you fight for your rights. Contact us today and see how our trusted nursing home abuse attorneys can help with your case. Call us at (314) 963-9000 or contact us online to schedule a free consultation.
What Types of Nursing Home Abuse Cases Does OnderLaw, LLC Handle?
The compassionate attorneys at OnderLaw, LLC handle a wide range of nursing home abuse cases, including:
- Mental Abuse Cases. Nursing home residents have a right to be treated with dignity and respect. It is abusive when staff members insult residents, tear them down, threaten them, or subject them to other emotional attacks.
- Cases Involving Sexual Abuse. Nursing home residents are often too weak or sick to legally consent to sexual activity. In some instances, they might not even be fully conscious or have the mental capacity for consent. Sexual abuse happens when anyone, including staff, other residents, or guests force residents to participate in sexual acts against their will.
- Physical Abuse Cases. This type of abuse includes any act an abuser does directly to a resident as well as failure to take reasonable precautions to prevent a situation that causes a resident physical harm. This might include things like failing to prevent a resident from falling, hitting them, excessively restraining them, or force-feeding them.
- Nursing Home Neglect Cases. Injuries can be just as harmful when nursing home residents are neglected. For example, they might lose their teeth if staff members don’t watch out for their personal hygiene.
- Cases Involving Financial Abuse. This type of abuse occurs when someone takes an action to violate the nursing home resident’s financial rights. Examples might include forcing the resident to cash a check or withholding funds their loved ones provided for weekly shopping trips.
Who Is Liable in a Case of Nursing Home Abuse or Neglect?
When you or a loved one have suffered abuse in a nursing home, multiple parties might be responsible. Beyond abusers themselves, their employers often hold some liability as well. Nursing home facilities can be held responsible for their employees’ negligent actions under circumstances, such as:
- Providing Inadequate Resident to Staff Ratios. If the facility does not hire enough staff, then it makes it difficult for employees to give residents a proper level of care. For example, staff members might be so busy attending to one resident that they aren’t able to prevent another resident from falling.Additionally, if employees have to do much more work than they’re paid for or are forced to extend shifts or take on additional shifts, it might negatively impact the level of care they’re able to provide. Employees who are overworked often suffer from stress, fatigue, and low morale that might result in poor care at nursing homes.
- Hiring Unqualified or Improper Staff. Depending on their duties, nursing home employees usually need to have a certain level or education or training to do their jobs. If a nursing home fails to hire the right employees, they can be held liable for any abuse or neglect that takes place at the facility. They might be required to have staff that includes licensed administrators, board certified nurses, or other highly trained employees, depending on the level of care that the nursing home provides.For example, under Missouri regulations, facilities that provide a significant level of care must typically have at least one licensed nurse and usually multiple nurses depending on the number of residents. Most professional positions at nursing homes require university degrees, several hours of classroom education, and sometimes long periods of supervised experience before the person is allowed to practice on their own.Not only are nursing homes are required to have a certain number of employees on staff at all times, but they must also do research to make sure their employees are qualified. Facilities are required to run pre-employment background checks and other scans to ensure employees actually hold the degrees or certifications that they claim. Additionally, nursing home facilities are responsible for checking to be sure they aren’t hiring staff with a history of abuse, neglect, or violence.
- Failing to Properly Train Staff. As with any profession, some training for nursing home employees takes place at the facility itself. If a facility fails to provide the correct training for its staff, then they might be responsible for injuries that happen under their employees’ care.
- Violating Resident Rights. Under the federal Nursing Home Reform Law, nursing home residents have fundamental legal rights, including rights to individual dignity, access to visitors, information about their care, self-determination, privacy, and rights to manage financial affairs. Facilities can be held responsible if nursing home staff violate these rights.
- Preventing Third Party Injuries. If a nursing home resident is injured by a third party, such as another resident, the facility might be liable because the home is required to provide residents with a safe environment.
Additionally, other people, such as your loved one’s doctor or pharmacy, might be liable in certain cases. For example, if they suffered from an injury due to a medication error, then their doctor might be partially responsible if they prescribed the wrong medicine or the pharmacy might be liable if they provided the wrong dosage.
What are Some Common Signs That My Loved One Might Be Experiencing Abuse?
Unfortunately, nursing home abuse is much too common and often has long-term impacts on both the victim and the victim’s loved ones. However, it can be difficult to discover or prove. If you suspect your loved one is being abused, some common signs to watch out for include:
- Silence or discomfort around nursing home staff
- Bruises, bleeding, or scratches
- Sudden changes to their will or power of attorney
- Withdrawal or other emotional issues
- Unexplained dehydration, diseases, malnutrition, or infections
Contact the St. Louis Nursing Home Abuse Attorneys at OnderLaw, LLC Today
If you or a loved one were injured because of nursing home abuse, the experienced St. Louis nursing home abuse lawyers at OnderLaw, LLC want to help fight for you. Don’t wait to get the justice and compensation you deserve. Call us today at (314) 963-9000 or fill out our online contact form to set up your free consultation and learn how we can help you get on the road to recovery.