Independence Nursing Abuse Attorneys

This involves the use of physical force that causes injury, pain, or impairment. It could include hitting, pushing, inappropriate restraint, or force-feeding.

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.

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 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.

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.

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.

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.

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.

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.

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.

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).

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.

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

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

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.

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.