Kansas City Nursing Home Abuse Attorneys
Nursing Home Abuse & Neglect Cases in Missouri
The mistreatment of elderly individuals residing in nursing homes and other long-term care facilities is one of the most terrible and inexcusable of acts, yet we continue to see it time and time again in the United States. Particularly in light of the ongoing COVID-19 pandemic and reports of poor or substandard safety protocols in nursing home facilities throughout the country, we at Shamberg, Johnson & Bergman, Chtd. are dedicated to obtaining justice for affected seniors and their families.
If you or your loved one suffered abuse or neglect in a nursing home or at the hands of a trusted caregiver, we encourage you to contact our Kansas City nursing home abuse attorneys right away. You deserve justice, and we are ready to take the necessary legal actions to hold the liable party accountable. Since 1949, our firm has been one of the most trusted names in personal injury representation in Missouri, Kansas, and throughout the Midwest, recovering more than $625 million for our clients to date. Learn more about our powerful, highly respected team and personalized legal services when you contact us today.
Call (816) 542-5999 or submit a confidential contact form to request a free consultation.
Nursing Home Negligence & COVID-19
Although research on the novel coronavirus is ongoing, most experts currently agree that elderly individuals and those with preexisting conditions, including respiratory illnesses, are at a higher risk of serious complications, including death, when infected with COVID-19. Unfortunately, many nursing homes throughout the U.S. were ill-equipped to handle the spread of infection at the start of the pandemic and as it progressed, leading to nursing homes and other long-term care facilities arising as hotspots for COVID-19 outbreaks. While many of these outbreaks were uncontrollable, others were the result of facilities failing to implement adequate safety protocols to protect their residents, patients, and/or staff.
If your loved one contracted COVID-19 while living in a nursing home or residing under the care of part- or full-time caregivers, we encourage you to get in touch with our legal team. You could have a case for nursing home negligence, but there are many complexities involved in pursuing a successful claim. Our team will need to work to prove not only that the facility was negligent, but also that you or your loved one contracted the virus because of the facility’s negligence. This will likely involve the expert investigation and testimony of various specialists who may need to establish that the facility failed to implement recommended guidelines, safety protocols, and other measures to stop the spread of the virus.
What Are Some Signs of Nursing Home Abuse & Neglect?
Often, there are numerous blatant and subtle signs of nursing home abuse and neglect. As a family member or loved one of an elderly nursing home resident, it is critical that you are aware of them so that you can take immediate action at the first sign of abuse or neglect.
When looking for signs of nursing home abuse or neglect, it is important to note that it may take several forms. Physical abuse and neglect are the most commonly thought of types of nursing home abuse, but it can also take the form of sexual abuse or assault, emotional or mental abuse, and financial abuse or exploitation.
Some of the common physical signs of abuse and neglect include:
- Malnutrition
- Dehydration
- Falls
- Bedsores
- Unexplained injuries, such as bruises or broken bones
- Soiled or dirty clothing/bedsheets
- Medication errors
- Physical or chemical restraint
- Untreated injuries or illnesses
- Injuries to the genitals, buttocks, or breasts
- Unexplained STIs
Meanwhile, common non-physical signs of abuse and neglect include:
- Unexplained changes in mood or behavior
- Frequent crying
- Irritation, anger, or “lashing out”
- Apparent fear, particularly in the presence of staff
- Changes in sleeping patterns
- Anxiety or depression
- Complaints about the level of care or certain caregivers
- Unusual withdrawals from bank accounts
- Forged signatures or checks
- Changes to a financial or healthcare plan, such as a will, trust, or power of attorney
If you notice these or other signs that something is not right, do not hesitate to report the suspected abuse or neglect to the proper authorities.
How Do I Report Nursing Home Abuse in Missouri?
There are several ways to report suspected elder abuse in the state of Missouri. First, if you believe that anyone is in imminent and immediate serious danger, call 911. In all other cases, you can report abuse to the nursing home administrator, a doctor or healthcare provider, or another authority at the facility. These individuals are mandated reporters, meaning they are required by law to report abuse to the Missouri Department of Health and Senior Services (DHSS).
You may also report suspected abuse directly to the DHSS yourself. You may file a report of non-emergency adult abuse on the DHSS’s website here, or you can call the Adult Abuse and Neglect Hotline at (800) 392-0210. Online reporting is available 24/7, but be aware that intake staff only monitors the system during the hours of 7 a.m. to 12 a.m. (midnight). Additionally, the hotline hours are also 7 a.m. to midnight, 365 days a year.
Who Can Be Held Liable for Nursing Home Abuse?
Liability for nursing home abuse can extend to the following parties:
- Staff Members: Nurses, caregivers, aides, and other employees directly responsible for the care of residents can be held liable for abuse if they engage in abusive behavior or neglect their duties.
- Administrators and Management: Administrators and managers of nursing homes have a duty to ensure the safety and well-being of residents. If they fail to take appropriate measures to prevent abuse or neglect, they may be held liable.
- Owners: Owners of nursing homes can be held liable for abuse if they fail to implement adequate policies and procedures to prevent abuse, or if they knowingly allow abusive conditions to persist.
- Contractors: In some cases, nursing homes contract with third-party companies to provide certain services, such as healthcare or food services. If employees of these contractors abuse residents, both the contractor and the nursing home may be held liable depending on the contractual agreements and the level of oversight exercised.
- Medical Professionals: If abuse involves medical malpractice, such as the improper administration of medication or failure to provide necessary medical treatment, the medical professionals involved may be held liable.
- Government Agencies: Regulatory bodies responsible for overseeing nursing homes may be held liable if they fail to properly investigate complaints or enforce regulations, leading to continued abuse or neglect.
- Family Members or Legal Guardians: In some cases, family members or legal guardians who have a duty to oversee the care of a resident may be held liable if they fail to take action to prevent or stop abuse once they become aware of it.
- Corporate Entities: In cases where nursing homes are part of a larger corporate structure, the corporate entity may be held liable for systemic issues or policies that contribute to abuse or neglect.
- Volunteers: Though less common, volunteers who engage in abusive behavior or neglect their duties may also be held liable, particularly if they are acting in an official capacity within the nursing home.
Why Contact a Nursing Home Abuse Attorney?
Once you have ensured that you or your loved one is safe, the next step is contacting an experienced nursing home abuse attorney who can help you seek justice. Often, nursing home abuse and neglect leads to serious injuries and physical/mental health problems, requiring ongoing medical treatment and care and causing victims immense pain and suffering. In the most tragic of cases, victims die as a result of the harm they have endured. This can leave victims and their families facing severe hardships and unexpected financial challenges. At Shamberg, Johnson & Bergman, Chtd., we believe that you should not have to simply deal with these consequences on your own.
Our Kansas City nursing home abuse attorneys are prepared to fight back against negligent caregivers and facilities that fail to provide a proper standard of care to their residents. We employ a team-based approach in order to provide every one of our clients with the full scope of our experience, resources, and skill.
Request Your Free Consultation with Shamberg, Johnson & Bergman, Chtd.
We understand the challenges you and your family are facing, and we are ready to help you take legal action to hold the negligent parties accountable. When you turn to our firm for help, you will receive personalized, attentive, and caring support tailored to your specific situation. At Shamberg, Johnson & Bergman, Chtd., our mission is to help make you whole.
Contact us online or call (816) 542-5999 for a free consultation. There are no fees unless we recover compensation for you.
What Makes Shamberg, Johnson & Bergman Different?
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Highly Respected in Our FieldOur attorneys are well-established in various areas of practice, including Attorney Lynn R. Johnson, who is a member of the prestigious Inner Circle of Advocates.
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A Legacy of ExcellenceWe have a longstanding history of exemplary legal representation dating back to 1949, but are committed to leveraging forward-thinking practices and technology for the benefit of our clients.
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Trial-Ready Legal AdvocacyWhile most of our cases result in successful settlements, our willingness to go to trial enables us to secure more favorable outcomes.
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A Network of Support
We work to ensure that you receive the resources you need after an injury, including medical care, access to experts, emotional and financial support.
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Committed to Our CommunityOur advocacy does not stop in the courtroom - it extends into our support for various local organizations that benefit our community.
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Personal, Hands-On Attention
All members of our team, including partners, associates and paralegals, are committed to providing direct contact and clear communication.
Serious Lawyers Serious Result
At Shamberg, Johnson & Bergman, we are here to help you. Experience the difference of personalized care and expertise that sets us apart. Contact us today to get started.
