Cases against nursing homes generally fall into two major categories: falls and bedsores (or decubitus ulcers). Less common cases may involve medication errors or situations where residents require medical care but are not transferred to the hospital.

All hospitals and nursing homes are required to have Fall Risk Policies and Procedures. Persons who are evaluated as fall risks are supposed to have bed or chair monitors which notify the nurses if someone is out of their bed or chair. Other than having a risk of fall due to age alone, many incidents occur when elderly persons are on pain medications, which can cause confusion. Certain medical conditions cause confusion and those persons should be a fall risk as well.

When a person is bedridden, turning the patient every two hours is standard, but certain beds can be ordered which help to cushion a person’s body. Ulcers can be very serious if not treated quickly as they can get worse and lead to amputations or a person becoming septic, which can lead to death.

Josh Tolin also sees cases in which a person is not able to eat or drink by themselves and they require assistance. If assistance is not provided a lack of fluids can cause dehydration, which can lead to other more serious problems.

What else falls under Nursing Home Abuse?

• Physical abuse

  • Physical abuse within nursing homes is a serious concern that falls under nursing home abuse law. This type of abuse involves the intentional infliction of physical harm or injury upon elderly residents by caregivers or staff members at the facility. Common examples of physical abuse in nursing homes include hitting, pushing, kicking, restraining, or any form of violence that leads to physical pain, injury, or suffering. Victims of physical abuse often experience not only physical harm but also emotional distress and trauma. Nursing home abuse law is in place to protect the rights of elderly residents and hold accountable those responsible for committing such heinous acts.

• Sexual abuse

  • Sexual abuse falls under nursing home abuse law as a serious offense that can have devastating consequences for vulnerable elderly residents. Acts of sexual abuse in nursing homes can include inappropriate touching, sexual assault, coerced nudity, and other forms of unwanted sexual contact. Nursing home facilities have a legal responsibility to provide a safe environment for residents, free from any form of abuse or neglect. When sexual abuse occurs, it violates the resident's rights and can lead to physical and psychological harm. Nursing home abuse law is designed to protect residents from such abuses and hold facilities accountable for any negligence or misconduct that allows sexual abuse to happen within their walls.

• Psychological abuse

• Psychological abuse in nursing homes is a serious issue that falls under nursing home abuse law. This type of abuse can include verbal threats, humiliation, intimidation, isolation, and any behavior that causes emotional or mental anguish to elderly residents. It often goes unnoticed as there are no physical bruises or marks, making it harder to detect. Nursing home abuse laws are in place to protect vulnerable residents from all forms of mistreatment, including psychological abuse. It is essential for nursing home staff, residents' families, and authorities to be vigilant in recognizing and reporting any signs of psychological abuse to ensure the well-being and safety of the elderly population in care facilities.

• Financial abuse

• Financial abuse falls under nursing home abuse law when an elderly resident's finances are exploited or mismanaged for the benefit of others, to the detriment of the resident. This type of abuse can manifest in various forms, including unauthorized use of the resident's funds, coercion to change wills or deeds, or withholding financial information from the resident. Financial abuse not only depletes the resident's resources but also undermines their autonomy and financial security. Nursing home abuse law aims to protect vulnerable residents from such exploitation and holds perpetrators accountable for their actions. Identifying and reporting signs of financial abuse is crucial in safeguarding elderly individuals in nursing home settings.

• Neglect

• When individuals entrust the care of their loved ones to nursing homes, they expect a certain standard of care to be provided. Neglect occurs when a nursing home fails to meet this standard, resulting in harm to the residents. This can include ignoring medical needs, inadequate supervision, poor hygiene practices, and emotional neglect. Nursing home abuse laws are in place to hold facilities accountable for any neglect or abuse that occurs under their watch, ensuring the protection and well-being of vulnerable residents. If neglect is suspected, it is crucial to seek legal advice to address the situation promptly and effectively.

How Long Do I Have to File My Claim?

In most cases, the Missouri nursing home abuse time limit is five years. You must sue within five years of the abuse. If a loved one dies from abuse, you have three years after they pass to file a lawsuit. It might be possible to extend this time if the abuse was not known before the deadline or if the victim was mentally unable to act. Consulting a lawyer is wise for advice on exceptions. If no exceptions apply, the original deadline will apply.