We Serve Nursing Home Abuse Victims in the St. Louis Area
Was your loved one the victim of abuse at a nursing home? Did they suffer physical and/or emotional injuries that required medical care? If so, contact OnderLaw, LLC immediately to discuss your options for seeking compensation and holding the negligent party liable for their actions.
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 for 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.
Table of Contents
- How Can a Lawyer Help With My Nursing Home Abuse Lawsuit?
- Why Should I Choose the St. Louis Nursing Home Abuse Lawyers OnderLaw, LLC?
- What Types of Nursing Home Abuse Cases Does OnderLaw, LLC Handle?
- Who Is Liable in a Case of Nursing Home Abuse or Neglect?
- What are Some Common Signs That My Loved One Might Be Experiencing Abuse?
- What to Do if Your Loved One Has Been Abused
- OnderLaw, LLC Can Investigate the Claims of Abuse
- Compensation You Can Seek in a Nursing Home Abuse Case
- Nursing Home Abuse Frequently Asked Questions
- Contact the St. Louis Nursing Home Abuse Attorneys at OnderLaw, LLC Today
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 it alone. To win your case, you need to not only provide evidence of a specific injury but also prove that someone else’s negligence caused the injury. Nursing home abuse cases are often filed by loved ones of residents who might get confused, have memory issues, or even be unconscious. Trying to uncover this evidence on behalf of your family member 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 are well-versed in the rules and regulations that nursing homes must meet. We 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. We can negotiate for a fair settlement on your behalf and, if necessary, fight for your rights and maximum compensation in court.
Why Should I Choose the St. Louis Nursing Home Abuse Lawyers 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 most challenging cases and win significant settlements for our clients. Beyond achieving outstanding results, we also pride ourselves on 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 for 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, 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, such as failing to take reasonable precautions to prevent a situation that causes them 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 patient’s financial rights. Examples might include forcing them to cash a check or withholding funds their loved ones provided for weekly shopping trips.
Older adults are prone to physical injuries and other medical problems. Sometimes, an accident is merely an accident. However, there are other times when their injuries can be a sign of abuse. It’s your job to be their advocate and seek legal action if you suspect a nursing home employee is abusing them.
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 accountable for their employees’ negligent actions under certain circumstances, such as:
- Providing Inadequate Resident to Staff Ratios. If the facility does not hire enough staff, 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 can’t prevent another 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, resulting in inadequate care at nursing homes.
- Hiring Unqualified or Improper Staff. Depending on their duties, nursing home employees usually need to have a certain level of education or training to do their jobs. If the facility fails to hire the right employees, they can be held liable for any abuse or neglect. 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 they provide. 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 they’re allowed to practice on their own. Not only is it a requirement to have a specific number of employees on staff at all times, but they must also run pre-employment background checks and other scans to ensure employees hold the degrees or certifications that they claim. Additionally, nursing home facilities are responsible for ensuring they don’t hire anyone 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. If a facility fails to provide the correct training for its staff, they might be responsible for injuries that happen.
- 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 staff violates 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 they must provide 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, 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. The warning signs to look for will depend on the type of abuse.
Physical Abuse Warning Signs
- Bruises, bleeding, or scratches
- Silence or discomfort around nursing home staff
- Medical treatment for recurring injuries
- Damaged personal property, such as broken eyeglasses
- New diagnosis of anxiety or depression
- Bloody or torn clothing
- Sudden weight loss
- Dislocated joints
- Lost or broken teeth
Mental Abuse Warnings Signs
- Withdrawal or other emotional issues
- Mood swings
- Low self-esteem
- Loss of interest in activities
- Engaging in self-harm
- Avoiding eye contact
- Difficulty sleeping or eating
- Sudden, unexplained weight loss
Sexual Abuse Warning Signs
- Bloody or torn underwear
- Diagnosis of a new STD
- Panic attacks
- Trouble walking or sitting
- Pelvic injuries
- Bruised genitals or inner thighs
- Emotional or social withdrawal
- Bleeding or pain in the anus or genital area
- Post-traumatic stress disorder (PTSD)
Financial Abuse Warning Signs
- Sudden changes to their will or power of attorney
- Large ATM withdrawals at times your loved one couldn’t have made them
- Missing personal property, cash, and other belongings
- Financial activity that lacks the appropriate documentation
- An employee showing unusual interest in their finances
- Unknown new passwords for online accounts
- Transfer of money to a person you don’t know
Neglect Warning Signs
- Unexplained dehydration, diseases, malnutrition, or infections
- Unkempt appearance
- Unsanitary living space
- Sudden mobility issues
- Untreated injuries or medical conditions
If you notice any warning signs of abuse, it’s critical that you take immediate action and remove your loved one from the situation. You need to ensure they receive medical treatment for any injuries they sustained and prevent them from further abuse.
What to Do if Your Loved One Has Been Abused
If you suspect abuse, you must take your family member to a hospital immediately to treat their injuries. Move them to another nursing home or let them stay with a trusted relative or friend so they’re no longer in danger.
You should also hire a St. Louis nursing home abuse attorney for legal representation. You’ll need an experienced legal team to handle the legal aspects of the case while you’re caring for your loved one. OnderLaw, LLC can investigate the allegations of abuse and obtain the necessary evidence to prove what happened.
Be sure to avoid raising suspicion within the facility. You might feel the need to confront management or the specific employee about what they’ve done, but you shouldn’t. It’s best if they don’t know that you’re planning to file an insurance claim or lawsuit. If they’re aware of the pending legal action, it’ll give them plenty of time to prepare a solid defense.
While you’re at the facility preparing to transfer your family member, take pictures of anything unusual that you find, such as:
- Physical injuries
- Stained bedding
- Torn clothing
- Dirty living space
- Property damage, such as missing handrails or cracked tiles
You should also keep detailed notes of everything associated with the abuse. If you suspect a nurse, administrator, or even another resident abused your loved one, start tracking the warning signs. Write down the types of injuries and the dates they occurred. Include specific names of staff members you suspect or that your relative seems to feel fearful of or is uncomfortable being around. Take note of their medical care, sudden changes in mood, access to food and water, and noticeable withdrawal from activities they used to enjoy.
OnderLaw, LLC Can Investigate the Claims of Abuse
When you hire us, we can launch a thorough investigation into the abuse allegations. We will need to determine the party or parties at fault for causing your loved one’s injuries and collect evidence to show they should be liable for the resulting losses.
Some of the evidence we might need includes:
- Police/incident reports
- Statements from eyewitnesses
- Photos of the physical injuries and living conditions
- Bank statements and other financial documentation
- Patient records from the nursing home
- Medical records for treatment of the injuries
- Medical bills and other related expenses
- Security camera footage
- Employee records
You can depend on us to exhaust all available resources to prove what happened. The at-fault party should not get away with what they’ve done. We will fight hard to hold them accountable and pursue the maximum compensation possible.
Compensation You Can Seek in a Nursing Home Abuse Case
Your loved one likely suffered various losses from the instances of abuse they endured. They have the right to pursue compensation for those losses in an insurance claim or lawsuit against the nursing home. The available losses will depend on the type of abuse but could include:
- The total value of stolen assets and money
- Hospital and medical expenses
- Pain and suffering
- Emotional distress
- Impairment or permanent disability
- The value of personal property damaged during the abuse
- Loss of consortium
- Wrongful death
OnderLaw, LLC can review the losses suffered by your loved one and calculate the monetary value of their case. We will need to determine the maximum financial award necessary to compensate for past and future costs, so there’s nothing left over to pay for out-of-pocket after the claim or case is resolved.
Nursing Home Abuse Frequently Asked Questions
At OnderLaw, LLC, our St. Louis nursing home abuse attorneys understand the stress of handling an insurance claim or lawsuit. When you find out your loved one was the victim of abuse, it’s overwhelming to try to determine the next steps and how to help them recover. We have answered the most commonly asked questions we receive so you can prepare for what’s to come.
Yes. If you believe that your relative endured any type of abuse at a nursing home, you can file a police report. If a doctor, nurse, or another staff member abuses one patient, they will likely abuse others. It becomes a pattern, but you could prevent that from happening. You can contact your local police department, long-term care ombudsman, or Adult Protective Services.
If your family member sustained a fatal injury or illness from the abuse they experienced, you might be entitled to compensation from a wrongful death lawsuit. The statute of limitations is three years, meaning you have three years from the date of their death to sue.
To initiate a wrongful death case, you must be a surviving relative, such as:
- Spouse, parent, or child
- Child’s descendants
- Brother or sister
- Sibling’s descendants
- A court-appointed personal representative of the estate
OnderLaw, LLC understands that many people can’t afford the expenses associated with treating injuries from abuse. You might struggle to pay your loved one’s medical bills and could face debt. We don’t want to add to your financial burden, which is why we take cases on contingency. That means there are no upfront fees or costs. You won’t have to pay us unless we secure compensation. If we lose, you’ll never owe us money for our services.
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 for a free consultation and learn how we can help you get on the road to recovery.