Making the decision to place a loved one in a nursing home is never something to take lightly. Spouses, children, and guardians should thoroughly research both the rights of nursing home residents’ in Missouri as well as the facility’s history of safeguarding those rights.
Sadly, nursing homes often fail in their obligation to keep residents safe. A primary way that they fail is in allowing abuse to occur on their property. This most often results from a failure to properly screen or train nursing staff. Because nursing homes have a duty to protect their residents under the law, a failure to provide this protection creates legal liability and may require help from a personal injury attorney.
A Moberly nursing home abuse lawyer could help injured residents and their families to pursue claims for compensation following instances of nursing home abuse. Our dedicated legal team at A.W. Smith Law Firm, P.C. can work to explain the duties of nursing homes to keep residents safe and why allegations of staff abuse may have caused injuries to your loved one.
Nursing homes and skilled nursing facilities have duties under multiple portions of the law to keep their residents safe. The State’s Nursing Home Residents’ Rights publication outlines these obligations. As residential facilities, nursing homes must work to provide a generally safe environment for their residents. This includes taking steps to prevent accidental injuries from slips and falls or improper diets.
At the same time, nursing facilities function as medical providers that have an obligation to provide proper nursing, rehabilitation, and hospice care to their residents. A failure to live up to either of these duties under the law creates liability for the nursing home.
Facilities that allow abuse to occur on their property violates these laws and a claim for related damages could demand compensation for any resulting physical injuries as well as the emotional impact that these traumatic events can have on residents. A Moberly nursing home abuse lawyer could help to provide more information about the duties of nursing homes to keep residents safe.
While many nursing home residents retain some degree of autonomy and are resilient, they are in the facility as they may need help fully caring for their own needs. The most vulnerable of those people struggle to properly communicate their desires and concerns. This leaves them vulnerable to people who may wish to take advantage of others who are helpless to reply. As a result, nursing homes have long been a magnet for abusers who want to obtain this feeling of power over another. Nursing homes have a requirement under the law to properly screen for these tendencies during hiring and training, but sadly, many fail to do so.
Abuse can often take on the appearance of neglect when staff fail to turn a bedridden patient who develops bedsores. It is also a form of abuse for staff to leave a resident isolated in their room.
More insidious types of abuse involve staff who intend to harm a resident. Staff members who use improper restraining techniques, who yell at residents, or even those who slap, punch, or push patients all qualify as abusers. With many residents in an already frail condition, even a single instance of abuse can result in broken bones, internal bleeding, or traumatic brain injuries. A claim for compensation will demand payments for the costs of medical treatment as well as consideration for the resulting emotional traumas. A Moberly nursing home abuse lawyer could help to investigate the causes of unexplained injuries.
Every nursing home, skilled nursing facility, and hospice home has the same obligation under the law. These places must take appropriate steps to protect their residents against accidental harm and intentional abuses. Sadly, a failure to live up to these expectations is common, and the resulting injuries can have a disastrous effect on a resident.
Abuse in nursing homes can be the product of improper training or hiring processes. Nursing homes are magnets for those who wish to retain a level of control over another person, and nursing homes often fail in their obligations to prevent these people from obtaining employment. This can lead to instances of intentional abuse that affect a resident’s physical and emotional health.
A Moberly nursing home abuse attorney could help residents and their family members to pursue justice after abuse. A claim can demand payments from not just an abuser but also a nursing home’s owner who failed to provide proper protection. Contact a Moberly nursing home abuse attorney today to see how they might be able to help you.
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