Nursing Home Neglect Lawyers in Kansas City, MO, Will Fight to Get Your Loved One Justice

Millions of older Americans live in nursing homes and assisted living facilities. The professionals who work in these places promise to care for our loved ones when we can’t. Most of the time, that’s what they do. Unfortunately, not all nursing home facilities live up to our expectations. Nursing home neglect or abuse can result in serious injury and death, and this happens far too often. That’s unsurprising since the World Health Organization found that—worldwide— two-thirds of nursing home staff members admit to abuse and neglect in the past year. If your loved one was injured or died, you need a nursing home neglect lawyer in Kansas City, MO.

If you believe your loved one has experienced nursing home abuse or neglect, reach out to Mohlman Gurney Injury Law today. Our law firm offers dedicated and sensitive care when dealing with these cases. We understand that our clients try everything in their power to offer their parents, grandparents, aunts, uncles, and other loved ones the care that they need. That’s why we have a track record of successful legal results. Sadly, it’s estimated that nursing home neglect and abuse rates in America increased by up to 84% during the COVID-19 pandemic. If you’re worried your loved one will become just another statistic, contact Mohlman Gurney Injury Law today for a free consultation.

What is Nursing Home Neglect?

A full 95% of nursing home residents have either experienced neglect or seen others neglected in their community. This is a daunting figure, but what exactly does it mean? Nursing home neglect is a form of elder abuse. It occurs when the basic needs of an individual are not met. This form of nursing home abuse can take many forms, and unfortunately, the results are often tragic. When a nursing home fails to provide care by allowing the following, it’s important that they’re held accountable:

Abandonment: Failure to provide medication, check on patients, offer adequate assistance, or provide other necessary assistance. Some residents have been removed from nursing homes without their loved ones being notified.
Medical neglect: Nursing home employees must provide proper treatment and prevention of health issues. Bedsores, mobility issues, and other forms of inadequate healthcare provision fall under this category.
Failure to meet basic needs: Elderly patients in nursing homes need food, water, and a safe environment to live in. When any of these are not provided, it’s a sure sign that Kansas City nursing home abuse is occurring.
Neglecting hygiene: Many nursing home residents need help with bathing and other personal hygiene requirements. If your loved one appears dirty, has filthy clothing, or is sleeping on soiled bedding, neglect is likely happening.
Emotional abuse or neglect: Both social and emotional neglect can lead to negative health outcomes. This often occurs when residents are not given ample attention or opportunities to socialize with family members or other residents.

Nursing home wrongful death and injury cases are heartbreaking. The attorneys in our law office hate that bringing forward such cases is a necessary task, but they also realize that it’s the only way to ensure that every negligence statute regarding caring for the elderly is upheld. If you’re concerned for your loved one, don’t wait until you see more evidence of nursing home neglect. Sadly, it may be too late by then. We offer free consultations at Mohlman Gurney Injury Law, and if we take on your case, we work on a contingency fee basis. This means you’ll have no out-of-pocket expenses when seeking justice for your elderly relative.

Can I sue Missouri Nursing Homes Over COVID Negligence?

Tens of thousands of Missourians have died since the outbreak of the coronavirus pandemic. Sadly, the bulk of these deaths occurred among nursing home residents and other elderly individuals. Whether COVID-19 deaths inside assisted living facilities constitute nursing home abuse or neglect, however, is a complicated matter. After all, even taking the most stringent precautions with elderly residents could not have prevented all infections. This is why Missouri passed a law limiting coronavirus liability for nursing homes that offer an otherwise safe environment.

Under the new law—Senate Bill 51—it’s possible to bring a lawsuit against these communities related to COVID-19 exposure. However, taking immediate legal action will be essential in such cases. A claim against a nursing home or other healthcare provider can only be brought forward within a year of exposure. Plaintiffs must also prove that infection occurred due to “reckless or willful misconduct.” A case that fails to meet either of these requirements will fail based on its merits. However, other state laws do require assisted living facilities to perform certain tasks regarding infection:

Disclose the existence and extent of COVID-19 cases within a facility to the Centers for Disease Control and Prevention, state authorities, and local public health officials;
Inform residents, their families, and representatives when residents or staff contract the illness; and
Record and implement, in detail, the measures the facility is taking to mitigate the spread of the disease.

Unfortunately, the coronavirus itself isn’t even the only tragic outcome of the pandemic. Health experts report that nursing home deaths soared due to a “neglect surge in the shadows.” Tens of thousands of elderly residents of these facilities have died due to broken bones, complications from bed sores, lack of proper nutrition, and other forms of nursing home abuse and neglect. This surge was attributable to overburdened workers who were unable or unwilling to provide adequate care. Sadly, there’s no telling how many of our nation’s elderly loved ones died from abuse and neglect that was wrongfully attributed to the coronavirus.

If you believe your loved one’s injuries or death were related to neglect—whether or not you think COVID-19 was involved—reach out to a nursing home abuse lawyer today. At Mohlman Gurney Injury Law, we dedicate ourselves to finding the truth and holding liable parties responsible for negligent conduct and medical malpractice. And since we work on a contingency fee basis, you won’t pay a dime unless our personal injury law firm is able to secure the compensation you deserve.

How can a Kansas City Nursing Home Lawyer Help?

If you have a loved one who experienced elder abuse in the form of nursing home neglect, an attorney offers the opportunity to receive a fair settlement or court award. You could pursue compensation on your own, but insurance companies and assisted living facilities typically “circle the wagons” when something goes wrong. That’s because they know that one resident experiencing wrongful acts—ranging from accidental neglect to sexual abuse—likely means it happened to others as well. A Kansas City nursing home neglect attorney can help you through this difficult process.

Additionally, demonstrating that negligence occurred will prove to be the most important step in winning your claim. In nursing home abuse cases, it’s not enough to simply show that a tragic outcome or injury occurred. As in all other personal injury cases, negligence must be proven as it relates to the following:

Existence of duty: The facility must owe a duty of care to the resident/patient. This requirement is typically satisfied when the nursing home starts accepting residents;
Breach of duty: The facility failed in its duty by not exercising the degree of care necessary to keep the resident/patient free from harm (injury or illness);
Damage: A provable injury or illness was suffered by the resident/patient while in the care of the facility;
Cause: There must be solid proof that the breach of duty by the facility caused the resident’s/patient’s injury or illness.

Kansas City nursing home abuse attorneys know what documents they need and how to access them. Whether you believe coronavirus protocols were not properly followed, or the nursing facility left your loved one on their own, it all comes down to what can be proven. Our goal is to determine if the facility or a staff member is liable for negligence, and we’ll use every resource possible to do just that. Holding responsible parties accountable for your loved one’s severe injuries or neglect is what we aim for, so if you believe an elderly relative suffered abuse, contact Mohlman Gurney Injury Law today.

What are Potential Damages in Nursing Home Neglect Cases?

If your loved one suffered nursing home abuse or neglect, there may be several paths to securing compensation. We know that elder abuse comes in many forms, and this can have an effect on damages available to injury victims. Both monetary and non-monetary damages are frequently obtainable. For instance, pain and suffering may not cause any actual financial loss. However, a court considering a verdict for nursing home abuse will very likely take it into account. The following are the potential damages that are common in cases of nursing home neglect.

Medical costs: Neglect very often leads to the need for expensive treatment. Additional and extraordinary medical expenses stemming from abuse and neglect can be recovered by victims and their family members.
Emotional distress / Pain and suffering: Both physical and emotional abuse can lead to mental stress along with pain and suffering. This can happen to the victims themselves or the loved ones they leave behind.
Wrongful death: It’s a tragedy when Kansas City nursing home abuse and neglect have fatal results. When this occurs, expenses associated with funeral and burial needs can be reimbursed.
Punitive damages: A nursing home abuse case doesn’t always end with just compensatory damages. If gross negligence or other extremely reckless behavior occurs, courts may apply punitive damages as a way to deter future careless practices.

While these are some of the most common damages seen in Kansas City nursing home abuse and neglect cases, the potential for other damages is possible. This will typically depend on the type of claim that’s brought forward. For instance, a case centering around financial abuse will likely focus more on reimbursement and compensation for problems that may have arisen related to such behavior. If you suspect nursing home abuse in any of its forms, it’s important that you reach out to a personal injury attorney with experience handling nursing home neglect and abuse cases. They’ll be able to guide you on the best way to move forward.

Our Nursing Home Neglect Lawyers in Kansas City can Help

When our loved ones enter an assisted living facility, we expect them to receive excellent care. Unfortunately, this isn’t always what happens. In such cases, it’s important to speak with nursing home abuse attorneys. Whether your loved one’s injuries were related to neglect or malicious abuse—and even if abuse wasn’t physical in nature—your family may be entitled to compensation. When nursing home staff members and health care providers fail to uphold their duty of care, holding them accountable is the only way to ensure that such tragedies never occur again.

At Mohlman Gurney Injury Law, we’ve seen the damage that all types of nursing home neglect or abuse can cause. It doesn’t matter whether your loved one has faced financial exploitation or outright physical abuse—we can help you better understand your rights and how to move forward in this difficult time. No one should have to go through what their loved one experienced, and we can’t undo what has already happened. But if you contact us today by calling (816) 648-6000, our nursing home neglect lawyers in Kansas City, MO, can help you navigate the complicated legal waters to receive fair compensation.