St. Louis Nursing Home Abuse Lawyer

Types of Nursing Home Abuse

Every year, thousands of residents in nursing homes and senior care facilities report being victims of abuse or neglect. Cases encompass individual instances and repeated patterns of abusive behavior by staff.

According to the United States Department of Health and Human Services, elder abuse is:

“Any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult.”

The Centers for Disease Control and Prevention defines six different categories of elder abuse:

• Physical abuse
• Emotional abuse
• Sexual Abuse
• Neglect
• Abandonment
• Financial abuse

Types of Nursing Home Abuse

Every year, thousands of residents in nursing homes and senior care facilities report being victims of abuse or neglect. Cases encompass individual instances and repeated patterns of abusive behavior by staff. According to the United States Department of Health and Human Services, elder abuse:

“Any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult.”

The Centers for Disease Control and Prevention defines six different categories of elder abuse:

• Physical abuse
• Emotional abuse
• Sexual Abuse
• Neglect
• Abandonment
• Financial abuse

Filing a Nursing Home Abuse Lawsuit

If you believe that you may qualify to file a nursing home abuse or nursing home negligence lawsuit, contact the attorneys at TorHoerman Law to discuss your legal options right away. TorHoerman Law offers a free and confidential consultation to all potential clients and will provide guidance to any person seeking advice on nursing home abuse cases in general.

How Nursing Home Abuse Lawyers Can Help

Before moving forward with a nursing home abuse and neglect lawsuit, familiarize yourself with the steps in a civil lawsuit. From there, you must complete a few important steps with the help and guidance of your attorney:

• Gather Evidence
• Mitigate Injuries
• Assess Damages

Mitigate Injuries

With any case of abuse, it’s important for the nursing home resident to seek medical care and attempt to best recuperate from any injuries. If elderly family members have suffered from injuries, help them seek medical treatment right away and follow the instructions of their own doctor or other medical personnel. Failure to properly mitigate injuries, with medical issues left unchanged or a victim convinced to refuse medical treatment, can result in a dismissal of any legal action. It is absolutely vital to seek medical care for any injuries related to abuse or neglect.

Gathering Evidence

Gather evidence for your abuse or neglect case including any involved names, photos, videos, and receipts. Evidence in abuse or neglect cases includes:

• Medical records and bills
• Photos or videos of injuries
• Photos or videos of abuse
• Witness statements (example: other residents)
• Personal testimony from nursing home resident experiencing abuse or neglect
• Testimony from visitors (including own family members)
• Statements from responding authorities if available
• Estate planning documents

Your attorney will examine the facts and evidence to determine who is liable for injuries and damages.

Assessing Damages

Your attorney will begin assessing damages that you, your family member, or loved one incurred as a result of the alleged abuse. In many instances, nursing home residents who have suffered systematic abuse will choose to list both punitive damages and compensatory damages suffered from incidents. Typical damages in a nursing home abuse case include:

• Nursing home and living expenses
• Medical bills and recovery costs
• Emotional damage
• Pain and suffering
• Relocation costs

Your abuse and neglect lawyer will work to settle your lawsuit out of court or take it to trial and win a verdict; in either case, the goal is to win compensation that covers the costs of damages.

Warning Signs of Nursing Home Abuse

Nursing home abuse is not always easy to detect. Staff can threaten or intimidate residents into not speaking out, and not all signs are obvious. If there is any suspected abuse occurring at a facility, contact authorities immediately. While each case is unique, there are common signs of abuse to look for:

Sexual abuse

Reports of non-consensual sexual contact or sexual assault, injuries to the anus or genitalia, unexplained injuries or bleeding are all signs of sexual abuse in a nursing home.

If a loved one is showing any signs of abuse, you should contact the police right away.

Neglect

Poor personal hygiene, signs of malnourishment, unattended medical needs, and skin ulcers or bed sores are all warning signs of nursing home neglect. Be sure to address any of these signs with staff members.

Nursing home neglect cases are extremely serious: if you suspect abuse and an assisted living facility fails to provide adequate care, contact authorities as soon as possible. Neglect victims are often wary to speak out about the issues going on in a nursing facility.

Abandonment

Lack of proper medical attention and adequate care, unclean clothing or bedding, and unclean living conditions are all signs of a nursing home abandonment.

Medical malpractice or errors, such as staff forgetting to give residents medication, can also be an example of nursing home neglect or abandonment. Again, address these issues with a nursing home staff member right away and keep records of all conversations you have.

Financial exploitation and abuse

Unpaid bills, missing personal property, sudden changes in living arrangements, and unexplained financial changes or asset depletion are all signs that an elderly person is being taken advantage of by nursing home employees, nursing facility management, or another party.

Instances of St Louis Nursing Home Abuse

St Sophia Health and Rehabilitation Center

An investigative report conducted by the U.S Centers for Medicaid and Medicare Services linked two deaths at the Florissant senior care facility to staff negligence. A nursing home resident died after bleeding to death in 2017. In 2016, a resident was found dead in a bathtub after being left unsupervised for eight hours.

Autumn View Gardens Assisted Living

The Missouri Dept. of Health and Human Services issued the Creve Coeur nursing home citations after three nursing home residents with dementia were found outside in freezing temperatures. State inspectors reported that Autumn View staff put residents in imminent danger.

St Louis Place Health and Rehabilitation

The North County nursing home was accused of mishandling a tube feeding that led to a resident’s wrongful death. The Associated Press reported that an inspection found the resident was fed through a tube in half the time period prescribed and that a nurse failed to adequately monitor the feeding.

Nursing Home Abuse Statistics and Facts

Abuse is sadly common in the nursing home industry. The National Council on Aging reports that nearly 5 million elderly people suffer from abuse or neglect in assisted living facilities across the country.

Senior abuse is as a pervasive and growing public health issue. Illinois nursing home residents are often targeted because of their inability to care for themselves.

Alzheimer’s, Mental Illness, and Elder Abuse

Many nursing home abuse victims suffer from dementia or Alzheimer’s and are unaware of or unable to communicate that the physical harm, emotional trauma, or other forms of neglect that are happening.

Elderly nursing home residents often face multiple types of abuse and mistreatment. Seniors in nursing homes are often isolated and left vulnerable, and cases of abuse frequently go unreported. Major risk factors for abuse and neglect include dementia, depression, isolation, histories of mental illness, substance abuse issues, and physical impairments.

St Louis Nursing Home Regulations & Inspections

All St Louis area nursing homes have to meet mandatory state standards. These regulations determine if senior care facilities are providing safe, high-quality care for all residents. State regulatory teams inspect nursing homes to evaluate facilities and their staff, procedures, equipment, finances, and policies.

Which Agencies Regulate St Louis Nursing Homes?

St Louis area nursing homes are inspected, regulated, licensed, and certified by multiple public and private agencies. This includes the Missouri Department of Health and Human Services (DHSS) and the U.S. Department of Health and Human Services’ Centers for Medicare Services. Many St. Louis area nursing homes are also members of national accrediting organizations, such as the Joint Commission on Accreditation of Healthcare Organizations, that assess facilities independently. The Centers for Medicare and Medicaid Services facilitate additional inspections for any senior care facilities that receive government funding. Nursing homes that do not pass inspection cannot be state-certified. When searching for a St Louis nursing home, ask for up-to-date inspection reports and certifications. For additional information about finding a St. Louis Medicare-certified nursing home or a St Louis Medicaid-certified nursing home, visit the official Medicare website.

How Often Are St Louis Area Nursing Homes Inspected?

St Louis area nursing homes are inspected twice every fiscal year [July 1 – June 30] by DHSS. Medicare and/or Medicaid facilities also require a federal survey once every nine to 15 months. Care facility inspections are done at random with changes in schedules to make it difficult for staff to anticipate them. Facilities that have frequent complaints and poor evaluation records are inspected more often.

How Do I File a Complaint Against a St Louis Nursing Home?

To report a case of neglect or abuse in a St Louis area nursing home, call the Missouri DHSS Adult Abuse & Neglect Hotline at 800-392-0210 or file an Administrator Complaint Form. Complaints can also be sent to bnha@health.mo.gov or by mail to: Board of Nursing Home Administrators, PO Box 570, Jefferson City, MO 65102.

Hiring a St. Louis Nursing Home Abuse Attorney

Navigating legal issues after a traumatic incident such as nursing home abuse or nursing home negligence can be difficult. Choosing an experienced personal injury attorney to protect you, a family member, or a loved one’s legal rights can be an extra, unneeded stress.

Hiring a personal injury lawyer is a major decision, so you should go into it fully informed. Making an informed decision on legal representation is paramount. When hiring a lawyer, you should be able to focus on you and your loved one’s well-being while the legal team works hard on your case.

A nursing home abuse lawyer will be able to act on your behalf, doing the following:

• Files a legal claim
• Deliberates with any insurance company involved
• Assesses your medical expenses and damages
• Ensures that you receive compensation for any injuries or damages from the negligent party.

Missouri statute of limitations defines the amount of time you have to take legal action for your loved one’s injuries, so contact a nursing home abuse lawyer in a timely manner to ensure that your case is handled properly. If you wait too long, you may not be able to file a lawsuit due to Missouri law. The SoL window depends on the specific nature of the nursing home abuse and the injuries incurred. Your nursing home abuse lawyer will fight for you and your rights. At TorHoerman Law, that is our primary objective – fighting for you.

TorHoerman Law, the Top St Louis Nursing Home Abuse Law Firm

We’re not like other personal injury attorneys: TorHoerman Law has achieved more than $4 billion in verdicts and negotiated settlements for a variety of cases. Our past results and proven track record afford us recognition as some of the best personal injury lawyers in Southern Illinois.

We have some of the best attorneys in the state staffed on our team. A number of our attorneys have been named Top Lawyers in Illinois and Top 100 Lawyers in the state of Illinois; prestigious awards given through nominations by their peers in the industry. Our personal injury attorneys are deeply experienced with both Missouri and Illinois laws. THL’s focus is based solely on providing competent legal services, building an attorney client relationship, and to make sure negligent parties are held accountable. We will work hard to recover compensation for the serious injuries you or your family members have suffered. Consider contacting TorHoerman Law for a free consultation during your search for a Nursing Home Abuse and Neglect Attorney.

THL: Serving and Supporting STL Residents

Our office is comprised of staff and attorneys that pride themselves on serving the St. Louis and Southern Illinois communities, giving back to its residents through events, donation drives, and more. Our law firm works on a contingency fee basis, meaning that you do not pay legal fees unless we secure financial compensation for your case. THL: protecting your legal rights, seeking compensation for your injuries, and making sure responsible parties are held accountable. Reach out to us for a free case review from an experienced attorney today.