Nursing home residents deserve to live peacefully, free from the threat of abuse or neglect. While many do, the reality is that abuse can happen when we least expect it.
If you suspect your loved one is being neglected or abused by nursing home staff, now is the time to reach out to a seasoned personal injury attorney. With the help of skilled legal counsel, it could be possible for your loved one to hold the abuser and anyone that enabled them accountable. Let a St. Louis nursing home abuse lawyer advise you and your family of your legal options.
Not every nursing home resident experiences abuse. Those that do can experience it in different ways. A proactive St. Louis nursing home abuse attorney could help a resident pursue legal action for the following types of abuse:
Physical abuse is among the most common forms of abuse in a nursing home setting. It can result in notable marks, scars, and bruises that leave you with a clear picture that something harmful occurred. Physical abuse can include not only acts of physical violence but also the unnecessary use of restraints.
Nursing home residents are prone to sexual abuse. Sadly, many of these individuals do not have the capacity to consent to sexual contact or even notify a family member that abuse occurred.
Many nursing home residents are in a vulnerable position where they have access to their financial wealth but cannot recognize when they have been taken advantage of. Financial abuse might include stealing from a resident’s room to fraudulently altering their will.
Some types of abuse do not leave physical marks; however, this form of abuse is no less traumatic than physical abuse. Some examples of emotional abuse include screaming at a resident, taunting them, or giving them the silent treatment.
Anyone considering a lawsuit for nursing home abuse in Missouri should be aware of the state’s statute of limitations. This is a deadline that—if not complied with—could bring a nursing home abuse case to a sudden and unfortunate end.
The time to file a lawsuit following an act of nursing home abuse depends on the type of legal action. For personal injury claims, a nursing home resident must file a lawsuit within five years of the date their abuse occurs according to Missouri Revised Statutes § 516.120. For wrongful death claims, this time period is only three years (Mo. Rev. Stat. § 537.080).
Failure to comply with the statute of limitations comes with steep consequences. Outside of a few exceptions, filing a lawsuit after the window of time expires will lead to dismissal of a case with prejudice. This type of dismissal prevents a nursing home resident from ever seeking compensation for their injuries in the future.
No one wants to learn that their loved one suffered abuse during their time in an assisted living facility. However, dealing with this reality is important when it comes to holding the abusers accountable.
A St. Louis nursing home abuse lawyer could provide your loved one with strong legal guidance. Reach out today to learn more.
