There are many forms of abuse including verbal, emotional, and physical. Certainly, more of the more common examples of abuse in a nursing home or long-term care facility is:
- Verbally degrading a patient
- Verbally threatening a patient
- Emotionally manipulating the patient
- Emotionally threatening the patient
- Physically injuring the patient
- Physically manipulating the patient
- Sexually abusing the patient
Ensuring the protection of your loved ones.
Nursing Home Abuse occurs in many ways as it is the intentional mishandling or verbal degradation of a person. Plainly speaking, it is an intentional pattern of behavior or conduct in which the person is treated. Let’s not jump the gun, I mean accidents will happen from time to time and certainly in such a hands-on occupation it is bound to occur, but abuse is that action that has a direct correlation to the mental frame of mind or condition of the person(s) involved, both staff and patient. This is why a private investigation agency can help identify any concerns.
Investigators, Lawyers, and Employees
Due to the lack of proper supervision from State Agencies who are bound by statute to supervise Nursing Homes, there has been an increase in the number of allegations made against Nursing Homes which has resulted in a rise in lawsuits filed against the facilities, their administration, their owners, and their staff.
The State of Missouri has enacted RSMo §565.184 “1. A person commits the offense of abuse of an elderly person, a person with a disability, or a vulnerable person if he or she: (1) Purposely engages in conduct involving more than one incident that causes emotional distress to an elderly person, a person with a disability, or a vulnerable person. The course of conduct shall be such as would cause a reasonable elderly person, person with a disability, or vulnerable person to suffer substantial emotional distress; or (2) Intentionally fails to provide care, goods or services to an elderly person, a person with a disability, or a vulnerable person. The result of the conduct shall be such as would cause a reasonable elderly person, person with a disability, or vulnerable person to suffer physical or emotional distress; or (3) Knowingly acts or knowingly fails to act in a manner which results in a substantial risk to the life, body or health of an elderly person, a person with a disability, or a vulnerable person. 2. The offense of abuse of an elderly person, a person with a disability, or a vulnerable person is a Class A misdemeanor. Nothing in this section shall be construed to mean that an elderly person, a person with a disability, or a vulnerable person is abused solely because such person chooses to rely on spiritual means through prayer, in lieu of medical care, for his or her health care, as evidence by such person’s explicit consent, advance directive for health care, or practice”.
Juries themselves may have parents who have suffered inhumane treatment and abuse enabling them to identify with the individuals and families of those abused while in the care of a nursing home. Due to that connection with the families juries have awarded large verdicts in elder abuse cases while prosecutors have sought the maximum punishment allowable under the law.
Staff and employees of nursing homes are aiding in exposing the abuses through our investigations, we secure a letter of representation, to show that they are a “Whistle Blower”, that their sworn statement is protected and that they cannot be retaliated against. It is with that assurance that we are able to gain the truthful and accurate testimony of witnesses to the abuse. We give these statements to your attorney representing your interest and if the employee is terminated as a retaliatory act, the attorney will quickly begin legal representation of the employee, if it is valid and warranted. When you have this many people looking at an event and documenting the details of that event, it is much harder to cover it up, but when you storm into the nursing facility demanding this that and the other, it becomes extremely tense and the administration and owners begin to cover things up to protect their interest.
If you have a loved one in an assisted living facility, a long-term care facility, or an independent living facility and you are concerned about their treatment contact us immediately, we can begin a background file and collection of evidence, to present to your attorney to represent your interest in this matter.
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Nursing Home Injuries / Elder Abuse – Represented the family of a 75-year old nursing home resident who left the nursing home unattended and died as a result. The case resulted in a $3 million policy limit settlement against the Missouri nursing home and its management company, without Defendants denying fault, and in excess of the limits imposed by the damage caps in Missouri.
Nursing Home Injuries / Elder Abuse – Represented the family of an 88-year old nursing home resident and hospice patient who fell, fractured her hip, and died as a result. A pre-trial offer of $15,000 was rejected. At the conclusion of the evidence, the jury was asked to award an amount of $450,000. The jury returned a trial verdict for $1.5 million against the Missouri nursing home.
Nursing Home Injuries / Elder Abuse – Represented a 71-year old assisted living resident who was inappropriately touched and verbally assaulted by the operator of an Arkansas assisted living facility. The case resulted in a $1.5 million judgment and the facility is now closed.
Nursing Home Injuries / Elder Abuse – Represented the family of an 87-year old nursing home resident that fell, fractured her knee, and died as a result. The case resulted in a $1 million settlement against the Missouri nursing home, which well exceeded the then existing Missouri damage cap.
Nursing Home Injuries / Elder Abuse – Represented the family of an 88-year old nursing home resident that developed a pressure sore on her buttock and died as a result. The case resulted in a $500,000 settlement against the Kansas nursing home.
Nursing Home Injuries / Elder Abuse – Represented the family of an 85-year old nursing home resident and hospice patient that died after incurring a subdural hematoma from a fall out of bed. The case resulted in a $400,000 settlement against the Kansas nursing home.
Nursing Home Injuries / Elder Abuse – Represented the family of a 99-year old nursing home resident that died one day before her 100th birthday after she experienced an unwitnessed fall and fracture to her right upper arm. The case resulted in a $350,000 damage cap settlement against the Missouri nursing home and its management company.
Nursing Home Injuries / Elder Abuse – Represented the family of a 99-year old nursing home resident that left the nursing home unattended and suffered facial lacerations, bruising, and a concussion. The case resulted in a $250,000 settlement against the Missouri nursing home.
Nursing Home Injuries / Elder Abuse – Represented the family of a 75-year old resident of a residential care facility that left the facility unattended and later died as a result. The case resulted in a $736,310 damage cap settlement against the Missouri residential care facility.
Nursing Home Injuries / Elder Abuse – Represented the family of a 93-year old nursing home resident that developed a urinary tract infection, received inadequate care and treatment, and ultimately died. The case resulted in a $225,000 settlement against the Missouri nursing home.
Appeals Court Upholds harsh sentence for Elder Abuse, https://www.nemonews.net/2013/12/04/appeals-court-upholds-gargus-verdict/
Nursing Home Injuries / Elder Abuse – Represented the family of a resident to a group home that fell and suffered injury as a result. The case resulted in a $300,000 policy limit settlement against the Arizona group home.
Nursing Home Injuries / Elder Abuse – Represented the family of an 89-year old nursing home resident that developed a urinary tract infection and pneumonia, and ultimately died from sepsis. The case resulted in a $250,000 settlement against the Missouri nursing home.
Nursing Home Injuries / Elder Abuse – Represented the family of an 89-year old nursing home resident that experienced an unwitnessed fall leading to a pelvic fracture and ultimately death. The case resulted in a $250,000 settlement against the Missouri nursing home.
Nursing Home Injuries / Elder Abuse – Represented the family of a 56-year old nursing home resident that developed an infection to his groin area, resulting in surgery. The case resulted in a $242,500 settlement against the Missouri nursing home.
Nursing Home Injuries / Elder Abuse – Represented the family of a 91-year old nursing home resident that suffered facial lacerations and bruising, along with head trauma from a fall. The case resulted in a $225,000 settlement against the Arkansas nursing home.
Nursing Home Injuries / Elder Abuse – Represented an 87-year old nursing home resident that experienced an unwitnessed fall which caused a left leg fracture that ultimately healed without surgical intervention. The case resulted in a $123,500 settlement against the Missouri nursing home.
