Nursing Home Abuse and Neglect in Missouri

Advice From Our Nursing Home Neglect and Abuse Lawyers

Posted on April 16, 2019 by Admin

The decision to place a loved one in a skilled nursing facility or assisted living facility can be an agonizing one. On one hand, you don’t want to feel like you are abandoning or neglecting your loved one by placing them in the care of someone else. You may worry that nursing home abuse and neglect might occur, which is a common and valid concern. On the other hand, you know you just don’t have the time, resources, or medical care to take care of your loved one in the way they need. The fear of potential physical abuse or neglect in nursing homes adds to the difficulty of making this decision.

It can be a very difficult decision, fraught with emotional turmoil and concern for your loved one's well-being.However, understanding the signs and preventative measures of nursing home abuse and neglect can provide some peace of mind. The decision can make you feel even worse when you place your loved one in the care of a facility and you suspect they have suffered abuse or neglect. In Missouri, the Department of Health and Senior Services defines abuse as the “infliction of physical, sexual, or emotional injury or harm including financial exploitation by any person, firm or corporation.”

Neglect is defined as “the failure to provide services to an eligible adult by any person, firm, or corporation with a legal or contractual duty to do so, when such failure presents either an imminent danger to the health, safety, or welfare of the client or a substantial probability that death or serious physical harm would result.” Understanding the types of nursing home abuse and the responsibilities of nursing home staff members is crucial for ensuring the safety of nursing home residents. Familiarizing yourself with these definitions and being vigilant can help in identifying nursing home abuse and neglect early.

In 2016, over 25,000 cases of allegations of abuse or neglect were reported. The number of cases reported has increased every year since 2012, highlighting a troubling trend in the treatment of nursing home residents. These statistics underscore the importance of vigilance and advocacy for victims of nursing home abuse. The rising numbers indicate a need for more stringent regulations and proactive measures to prevent nursing home abuse and neglect. Before moving into a nursing facility, residents and their families should know the resident’s rights. Some of these rights include:

• Be free from mental and physical abuse: Residents have the right to live in an environment free from any form of abuse in nursing homes, ensuring their mental and physical well-being. It's essential for families to ensure that the facility adheres strictly to this right.
• Be informed of their medical condition: Nursing home employees must provide clear information about the resident's health status and treatment plans. Transparency in communication can prevent misunderstandings and potential neglect.
• Select their own physician: Residents have the autonomy to choose their healthcare providers, fostering a sense of control over their medical care. This autonomy is crucial in maintaining the trust and comfort of the residents.
• Participate in planning their care: Involving residents in care planning helps tailor services to their specific needs and preferences. This participation ensures that the care provided aligns with the resident's wishes and requirements.
• Refuse treatment: Residents can decline treatments, emphasizing their right to make decisions about their own healthcare. Respecting this choice is a fundamental aspect of dignified care.
• Voice grievances: A transparent system for voicing concerns is essential for addressing potential issues and improving care. Residents should feel safe and supported in raising any concerns they might have.
• Be treated with respect and dignity: Respectful treatment by nursing home staff members is fundamental to maintaining the dignity of residents. Dignity in care should always be a priority for any facility.
• Have treatments provided in privacy: Privacy during medical treatments is a basic right, ensuring residents' comfort and dignity. This privacy should be upheld to the highest standards.

It is important for families and residents to research as much as possible about the nursing facility, the staff, the cleanliness, and medical care before deciding on a short-term or long-term care facility. No one deserves to have their loved one abused or neglected. Recognizing the signs of nursing home abuse and neglect can be a critical step in preventing further harm and ensuring a safe environment for your loved one. Doing thorough research and continuous monitoring can help in safeguarding against potential nursing home abuse and neglect.

If you suspect abuse or neglect of a loved one in a nursing home or assisted living facility, contact the experienced attorneys at Halvorsen Klote now for a FREE CONSULTATION and case review. Our team of nursing home abuse lawyers is dedicated to protecting the rights of nursing home residents and ensuring they receive the care and respect they deserve. Our commitment is to stand by you and your loved ones, providing the necessary legal support to address any instances of nursing home abuse and neglect.