Can You Sue a Nursing Home for Neglect?

When we make the difficult decision to place our loved ones in a nursing home, we do so with the hope and trust that they will receive the care, dignity, and respect they deserve. It's heartbreaking to even imagine that this trust could be broken. Unfortunately, nursing home neglect is a harsh reality that can cause significant physical, emotional, and even financial suffering for those who are most vulnerable.

If you suspect that your loved one has been a victim of neglect in a Missouri nursing home, it's important to know that you are not alone, and that there are steps you can take to protect them. Nursing home neglect can manifest in many ways. Missouri law provides strong protections for nursing home residents, and you have the right to seek justice to ensure that your loved one is safe and cared for in the way they deserve.

Signs of Nursing Home Neglect

Recognizing the signs of nursing home neglect can be difficult, particularly when your loved one is unable to express their suffering. However, being aware of common warning signs can help you take action to protect them. From physical injuries to emotional distress, understanding these indicators is crucial in ensuring your loved one receives the care and respect they deserve. These are a few key signs to watch for:

• Physical injuries: Unexplained bruises, cuts, or fractures.
• Poor hygiene: Dirty clothing, unkempt appearance, or bedsores.
• Malnutrition or dehydration: Significant weight loss or signs of dehydration.
• Emotional distress: Withdrawal, depression, or sudden changes in behavior.
• Unsafe living conditions: Unsanitary or hazardous environments.
• Medication errors: Incorrect dosages or missed medications.

Legal Grounds for Suing a Nursing Home for Neglect

Can you sue a nursing home for neglect? Yes, you can. To do so in Missouri, you must establish that the facility failed to meet its duty of care to the resident. This typically involves proving:

1. Duty of Care: The nursing home was legally obligated to care for the resident.
2. Breach of Duty: The facility failed to meet the standard of care expected.
3. Causation: The neglect directly caused harm to the resident.
4. Damages: The resident suffered actual damages, such as physical injury, emotional distress, or financial loss.

Steps to Take if You Suspect Neglect

If you suspect nursing home neglect, it is essential to act promptly to protect your loved one's rights. Here are the steps you should follow:

1. Document Everything: Keep detailed records of any signs of neglect, including photographs, medical records, and notes from conversations with staff.
2. Report the Neglect: Notify the nursing home administration and file a complaint with the Missouri Department of Health and Senior Services.
3. Seek Medical Attention: Ensure your loved one receives appropriate medical care for any injuries or health issues resulting from the neglect.
4. Consult an Attorney: Contact an experienced personal injury attorney who specializes in nursing home neglect cases.

The Legal Process of Suing for Nursing Home Neglect

Pursuing a lawsuit for nursing home neglect is a complex process, but understanding the key stages can help you navigate it with confidence. The steps involved include:

1. Investigation: Your attorney will conduct a thorough investigation to gather evidence supporting your claim. This may include interviewing witnesses, reviewing medical records, and consulting with experts.
2. Filing the Lawsuit: Once sufficient evidence is gathered, your attorney will file a lawsuit against the nursing home. This legal document outlines your allegations and the damages you seek.
3. Discovery: During the discovery phase, both parties exchange information and evidence. This process may involve depositions, interrogatories, and requests for documents.
4. Negotiation and Settlement: Many nursing home neglect cases are settled out of court. Your attorney will negotiate a fair settlement with the nursing home's legal team. If a settlement cannot be reached, the case will proceed to trial.
5. Trial: If the case goes to trial, your attorney will present your evidence before a judge or jury, arguing that the nursing home's neglect caused your loved one's injuries and seeking compensation for the damages suffered.

What Compensation is Available in Nursing Home Neglect Cases?

When a loved one suffers from nursing home neglect, the impact can be devastating, both physically and emotionally. Pursuing compensation is a critical step in holding the responsible parties accountable and ensuring your loved one receives the justice they deserve. Compensation in nursing home neglect cases can cover a variety of damages, including:

• Medical expenses: Costs for treating injuries or illnesses resulting from neglect.
• Pain and suffering: Compensation for physical and emotional distress.
• Loss of enjoyment of life: Damages for the reduced quality of life due to neglect.
• Punitive damages: In cases of egregious neglect, punitive damages may be awarded to punish the facility and deter future misconduct.

What Missouri Laws Protect Nursing Home Residents?

When we entrust a nursing home with the care of our loved ones, we expect them to be treated with dignity and compassion. Missouri has several laws in place to safeguard nursing home residents from neglect and abuse, offering peace of mind to families during a difficult time. The Missouri Omnibus Nursing Home Act establishes strict standards for the operation of nursing homes and guarantees that residents' rights are upheld, ensuring they receive the care they deserve. This law protects residents' rights to adequate care, respect for their privacy, and the ability to voice grievances without fear of retaliation.

Additionally, the federal Nursing Home Reform Act of 1987 reinforces these protections by setting forth national guidelines for nursing home care and residents' rights. Together, these laws provide a robust framework to protect our loved ones, holding nursing homes accountable for the quality of care they provide.

Advocate For Your Loved One

If you suspect your loved one is a victim of nursing home neglect, do not hesitate to take action. The experienced attorneys at Harper, Evans, Hillbrenner, and Netemeyer are dedicated to fighting for the rights of nursing home residents in Columbia, MO. We understand the emotional and physical toll that neglect can take, and we are here to help you seek justice.

Contact us today to schedule a free consultation. Let us help you hold negligent nursing homes accountable and ensure your loved one receives the care and respect they deserve. Call us at 573-442-1660 or visit our website to learn more about your legal options. Your loved one's well-being is our top priority, and we are committed to providing compassionate and effective legal representation.