Nursing Home Neglect and Abuse
Placing a loved one in a nursing home is most often a very difficult event for both the resident and his /her family. Family members and loved ones rely on the professional training of the nursing home employees to ensure that their loved ones will be cared for to best extent possible. Family-owned local nursing homes have largely been replaced by “for-profit” corporate chains whose practices focus on making money. Sadly, these corporate owners frequently put profits above patient care. In those situations, the nursing home residents end up paying the price in the terms of neglect and abuse.
We devote a significant portion of our legal practice to representing victims of nursing home neglect. CVDL partner Tim Van Ronzelen has represented families of nursing home abuse and neglect victims throughout Missouri – and regularly receives significant financial settlements for those who have been injured (or the families of those who have died). Tim is routinely asked to speak about nursing home neglect and abuse litigation to other attorneys and professionals.
While every case is unique, nursing home neglect and abuse cases often fall into one of the following categories:
- Bed sores or pressure ulcers– Many elderly patients are unable to get out of their bed and move about normally. When residents are restricted to their bed due to mobility issues, they must be turned on a regular basis or they will develop bed sores/pressure ulcers. These bed sores/pressure ulcers can become infected, resulting in the need for surgery or even the death of a resident.
- Falls– Nursing home residents are often admitted because they need some level of assistance to move about safely. One of the biggest complaints about nursing homes relates to their failure to be adequately staffed. When a nursing home is understaffed, residents are not given the appropriate assistance they need to move about—such as getting up to use the rest room or going to the dining room. This leads to residents getting up on their own and frequently falling. We regularly handle cases involving broken bones or even brain injuries when nursing home residents suffer falls
- Sexual abuse– It is awful to report that this is a category, but nursing homes have been known to hire employees with criminal propensities. This results in fragile residents (who are unable to care for themselves) being placed in close contact with people who have a history and tendency to do harm. We have experience in representing nursing home residents who have suffered sexual abuse (and other criminal acts).
We have significant experience in dealing with nursing homes all around the state of Missouri. CVDL is one of the few law firms that has a statewide practice dedicated to representing the victims of nursing home neglect and abuse. Our attorneys represent nursing home residents and their families in rural counties along with large metropolitan areas. There are short deadlines that apply to legal claims against those responsible for injuring nursing home residents. It is important for victims to quickly discuss their case with nursing home negligence attorneys experienced in nursing home litigation.
If you, your family member, or loved one has been the victim of nursing home neglect or abuse, give Tim Van Ronzelen and the attorneys at CVDL a call. There is no charge for the initial consultation. Experience matters and the Nursing Home Negligence Attorneys at CVDL stand alone in their experience with nursing home litigation. Put us to work for you.
Our Firm's Nursing Home Neglect and Abuse Attorneys
Published on: November 5, 2019:4:07 am
Nursing Home Neglect and Abuse update
Nursing homes and assisted living facilities are routinely understaffed. Understaffing usually means that residents have to rely on themselves to perform tasks without help. We regularly handle cases where residents have requested help getting to or from the bathroom, but staff were not available to provide assistance getting to or from the bathroom. This leads to residents getting up on their own and trying to transfer from wheelchairs or walkers to toilets. These kind of transfers can lead to falls and broken bones for residents. When a nursing home or assisted living facility accepts a person as a resident they are promising the resident that they will have enough staff members to provide vital assistance. If your loved one has suffered damage due to a fall at a nursing home we can help.
Bed Sores and Pressure Ulcers
Bed sores are the cause of a significant amount of nursing home litigation. Our nursing home attorneys routinely handle cases where residents with mobility issues are not moved around in their bed enough. This can lead to the development of bed sores or pressure ulcers on the nursing home resident. These sores can become infected and even lead to the death of the nursing home resident. Signs of a bed sore infection are: 1) drainage from the sore, 2) a foul or bad smell, 3) tenderness around the sore, and 4) fever. If a loved one has a bed sore with any of these signs or symptoms, you should contact a medical professional immediately. Bed sore and pressure ulcers are often the result of a nursing home which is understaffed. Understaffed nursing homes can lead to residents being neglected and the development of bed sores and pressure ulcers. If a loved one has developed bed sores or pressure ulcers while a resident in a nursing home, please give us a call. Your loved one has legal options which must be pursued right away.
The Center for Medicare and Medicaid Services (CMS) previously took the position that nursing homes could NOT require residents to sign binding arbitration agreements as part of their long term care agreements. Arbitration agreements bar a nursing home resident from being able to file a lawsuit against the nursing home and, instead, force them to submit their claim to a private person who resolves the dispute. The nursing home frequently gets to pick the arbitrator. These agreements routinely rob the resident of their chance to find out what happened and who was fault for poor health care. Long term facilities challenged this position. CMS recently issued a new rule permitting the use of binding arbitration agreements in long term care facility contracts. The new rule takes effect in September of 2019. See, 84 Fed. Reg. 34718.
The new rule states that nursing homes cannot mandate that residents sign these agreements as a condition of admission. This means nursing home residents can refuse to sign arbitration agreements. Nursing home residents should refuse to sign arbitration agreements. Arbitration agreements are not in the resident’s interest. If you have a question about nursing home neglect or abuse cases, please give us a call at CVDL. There is no cost for your initial consultation.