Nursing home residents have specific rights and privileges afforded to them under federal law including the right to be free from psychological and physical maltreatment, assert complaints, and make decisions regarding their healthcare. Accordingly, nursing homes throughout the state of Missouri that accept Medicare are subject to these federal requirements and a violation of any such regulations could make them liable if a resident suffers harm.
If a loved one has been harmed while at a nursing facility, a Boonville nursing home abuse lawyer could help you understand whether you have a valid case for damages. Families who are concerned regarding the safety and wellbeing of their loved one should consult with a personal injury attorney right away to discuss what legal recourse may be possible.
The statutory deadline to file a nursing home abuse lawsuit is five years from the date of the injury, as stated under Missouri Revised Statutes § 516.120. If a resident suffers fatal injuries due to nursing home abuse, eligible members of the decedent’s surviving family are provided a three-year window, starting on the death of the death, in which to start a wrongful death lawsuit.
Any attempt to file a nursing home abuse case after the applicable statutory deadline has passed generally results in immediate case dismissal. It is essential for potential plaintiffs to speak with a qualified Boonville attorney experienced in handling nursing home abuse cases as soon as possible.
There are many ways in which a nursing home could be held liable for acts of negligence. Examples of circumstances which may give rise to a nursing home abuse lawsuit include the following:
Nursing home facilities owe a legal duty of care to residents to prevent foreseeable harm from coming to them. To prove that a nursing home acted negligently towards the victim, the claimant must prove that the nursing home violated this duty, that this violation injured the victim, and finally, that the victim suffered actual damages due to the facility’s neglect or misconduct.
While the potential signs of abuse may vary widely, the most common ones include malnutrition, unexplained fractured or broken bones, bad sanitation and hygiene, mysterious lacerations and contusions, and dirty bedding or clothing. Bleeding near the genitalia, improper nutrition, dehydration, behavioral changes, and bed sores are also possible warning signs that abuse or severe neglect may be occurring. If someone is concerned that their relative may be suffering from nursing home abuse, they should contact a Boonville attorney right away to discuss a plan for legal action.
Victims of nursing home abuse may be entitled to several different types of damages for the suffering they have endured, including their economic and non-economic losses. Economic damages refer to easily quantified losses such as medical bills, therapy expenses, doctor visits, and prescription costs. Non-economic losses include more subjective loses like pain and suffering. In certain cases, the claimant may also be entitled to punitive damages.
By speaking with a Booneville nursing home abuse lawyer, you could determine whether you have valid grounds to assert a civil claim. An attorney could investigate the details of the alleged abuse and formulate the most effective strategies for your case for compensation. Call now to arrange your confidential consultation.