Nursing Home Abuse and Neglect

Helen was an 81-year-old with a diagnosis of Alzheimer’s and dementia. She did not have any living relatives, but a friend from church cared for her until Helen’s disease progressed beyond her ability to do so. Helen required skilled nursing care in a long-term facility, but soon after moving to the home, she was the victim of sexual assault by another resident.

ACTION

When her friend learned what had happened, she called one of our experienced attorneys to represent Helen’s rights. A lawsuit was filed by our firm on behalf of the victim against the nursing home operator alleging they failed to protect the victim from the other resident, even after receiving notice he had a propensity toward sexual aggression.

RESULT

Even though Helen passed away before the case was concluded, the friend pursued this case with our help to its successful resolution. The impact of this tragedy led to severe penalties being leveled against ownership by the state where the crime occurred. In addition, the local media shed light on this nursing home for knowingly allowing a prior sex offender in their facility to potentially prey on Helen and other residents.

WHAT HER FRIEND HAD TO SAY ABOUT DOLLAR, BURNS, BECKER & HERSHEWE

“It was obvious from the start, Dollar, Burns, Becker & Hershewe chooses to represent people like Helen because they believe victims are entitled to a voice. They helped me be Helen’s voice and the result proved to me the nursing home listened loud and clear. Their experienced attorneys, along with the rest of their staff, showed compassion, expertise and energy. Throughout the case, they demonstrated an understanding of why this case needed to be prosecuted even though Helen was no longer with us.”

If this case sounds familiar, call one of our experienced attorneys immediately. Initial consultations are free of charge and we work solely on a contingency basis. You may also visit our nursing home injuries practice center to learn more, and we encourage you to call us if you have questions that are not answered.

Berniece was 86 years old when she entered Hillview Nursing Center. She needed 24-hour care and monitoring due to her deteriorating health. Her doctor ordered the nursing home to provide a lap cushion to help prevent Berniece from falling out of her wheelchair. Despite its effectiveness, the nursing home decided to remove the cushion. Berniece was allowed to suffer three falls within a 20-day time period. She died as a result of her injuries just five days after her final fall.

ACTION

Berniece’s 91-year-old husband, Jim, and daughter, Sue, enlisted Dollar, Burns, Becker & Hershewe to pursue a claim on their behalf along with Berniece’s estate. A lawsuit was filed against the nursing home operator and Health Systems Inc., a company that manages a chain of more than 50 nursing homes in the area.

RESULT

Our experienced attorneys tried the case and obtained a judgment on behalf of Jim and Sue for the wrongful death of their loved one. When a sizable judgment was awarded, the management company insisted it did not have the assets to pay. Ignoring that, we continued their fight for justice and the judgment was ultimately paid. The best news is that as a result of the considerable proceeds, Jim will likely never need to place his welfare in the hands of this or any other nursing home.

WHAT SUE HAS TO SAY ABOUT DOLLAR, BURNS, BECKER & HERSHEWE

“It was clear from the onset of our case this firm had the necessary experience in handling cases against nursing homes. I witnessed their superior background work and trial skills during the presentation of our case. The nursing home could not match their knowledge, hard work and ability as trial lawyers. Our attorneys were several steps ahead of the defense during the entire process. I know I could not have selected better attorneys to represent our family.”

If this case sounds familiar, call one of our experienced attorneys immediately. Initial consultations are free of charge and we work solely on a contingency basis.

According to Nursing Home Abuse Justice, 24.3 percent of nursing home and long-term care residents have experienced at least one instance of abuse. There are many forms of abuse – physical, sexual, emotional, financial and neglect. At nursing homes and long-term care facilities the most common are physical and sexual abuse, and neglect. Examples of this include bed sores, malnutrition, dehydration, falls and broken bones, to name a few. If you suspect any of the above, or if something is off, you should contact nursing home abuse attorneys like Dollar, Burns, Becker & Hershewe to help navigate what to do next. If you suspect physical or sexual abuse, you should also contact your local authorities.

Complaints vary from home to home, but the most common ones we see involve communication and staffing. Many of our clients criticize their loved ones’ facility’s rate of response and quality of information provided. This is why it is vital to visit and check in with your loved one on a frequent basis. The more you are present, the more you will know and the more the home will likely share because they know you involved. Staffing is another area of concern. Nursing home and long-term care facilities have constant turnover due to the stress of the job, lower pay and undesirable schedules. In addition, many of the staff members do not possess higher-levels of certification or medical experience. It is more of a job to them versus a calling.

The statue of limitations for nursing home abuse and neglect is two years. However, each state differs, so it is important to contact an experience nursing home abuse attorney who knows the law as soon as you suspect abuse. For example, in Missouri an additional claim can be made if notice is given to the state’s Attorney General within 180 days of the abuse or neglect.

We prove nursing home abuse and neglect via thorough documentation. The moment our nursing home abuse and neglect attorneys are brought in, we ask probing questions that we honed during our more than 30 years of experience about what is and is not happening. We talk with staff members, other residents and family members to get the whole picture of what is happening.

There is a big misconception that all nursing homes and long-term care facilities are bad. As with any industry, there are a fair share of bad actors, but there are also many homes that provide wonderful care. The key to distinguishing between the two is doing your research. Your first stop should be the Medicare website. This website allows you to search for homes within your desired area and provides you with overall ratings on these homes’ health inspections, staffing and quality measures. In addition, look at online review sites and discussion boards. How are these places ranking on social media channels and what are people saying about them? The more stars and positive reviews, the better.

As with any case, the length of settling is dependent on a multitude of factors. With nursing home abuse and neglect cases, we like to be brought on at the onset of signs of abuse to properly document and collect evidence. From there we work tirelessly to bring the abusers and institutions to justice. Our goal is to ensure what happened to you, doesn’t happen to others.

First things first, you need to hire reputable and skilled nursing home abuse and neglect attorneys, like Dollar, Burns, Becker & Hershewe. There are very specific laws regulating nursing homes and long-term care facilities at national and state levels. You need someone on your side who understands these laws and knows how to use these to obtain justice. We have won millions of dollars in settlements for our clients and forced nursing homes to update their policies and procedures to be safer.

One of our firm’s missions is to improve patient care and ensure what happened to you and your family doesn’t happen to anyone else. Outside of winning millions in settlements and bringing abusers to justice, we have required several nursing homes to change their policies and procedures for the better. We are the voice of victims.