St Louis Nursing Home Abuse Lawyer
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Nursing Home Abuse
Placing an elderly loved one in a residential care or assisted living facility is not an easy decision. What makes this decision even more difficult is finding a facility that you can trust. According to the Centers for Disease Control and Prevention (CDC), more than 500,000 adults over the age of 60 are neglected, financially exploited, or abused every year in the U.S. Furthermore, the National Center on Elder Abuse (NCEA) has determined that only one in 14 incidents of elder neglect and/or abuse ever comes to the attention of the authorities.
Inadequate or non-existent background-checks, poor employee training, understaffing, lack of funding, and insufficient or careless administrative oversight are the leading underlying factors which contribute to nursing home abuse and elder neglect in Missouri and across the nation. None of these are an acceptable excuse for the sub-standard and/or abusive treatment of nursing home residents.
Categories of Nursing Home Abuse
The NCEA divides types of nursing home abuse into seven categories:
- Physical Abuse – Use of force to physically injure or threaten a vulnerable older adult;
- Emotional Abuse - Threats, verbal attacks, isolation, rejection, or belittling actions that could cause pain, distress, or mental anguish to an elder;
- Sexual Abuse – Forced, threatened, tricked, or otherwise coerced sexual contact upon a vulnerable elder, including anyone who is unable to give consent;
- Exploitation – Fraud, theft, use of undue influence, and misuse or neglect of authority to gain control over an elderly individual's property or money;
- Neglect- A caregiver's refusal or failure to provide for a vulnerable older adult's physical or emotional needs and/or safety;
- Self-Neglect – Being unable to understand the consequences of one's own inaction or actions, which could lead to endangerment or harm; and
- Abandonment – A caregiver's desertion of a vulnerable or frail elder.
Federal Nursing Home Reform Act
Every certified nursing facility in the country is required to comply with a minimum set of federal standards of care and rights for nursing home residents, as set forth in the Federal Nursing Home Reform Act, or OBRA of 1987. A few of the key components of this Act include:
- Focus on a resident's quality of life and the quality of care;
- The right to freedom from inappropriate and unnecessary chemical and physical restraints;
- Prohibitions on going to family members to pay for Medicaid and Medicare services; and
- The right to participate in and/or organize a resident or family council.
Missouri Residential Care and Assisted Living Facility Regulations
In addition to the federal regulations, individual states may also enforce certain regulations for their nursing home facilities. In Missouri, the Department of Health and Senior Services regulates residential care and assisted living facilities throughout the state. It provides:
- Construction standards;
- Fire safety standards;
- Physical plant requirements;
- Administrative, personnel, and resident care requirements;
- Standards and requirements for assisted living facilities that provide services to residents with cognitive, physical, or other impairment that prevents them from safely evacuating with minimal assistance; and
- Dietary requirements.
Holding At-Fault Parties Liable
The abuse, neglect, and/or exploitation of vulnerable older adults is inexcusable, regardless of the reason. If you or a loved one is a resident of a nursing home in Missouri and has been neglected, financially exploited, and/or physically or emotionally abused by a caregiver, you may be entitled to financial compensation for damages and losses. Contact the dedicated St. Louis nursing home abuse attorneys at Page Law today at (314) 322-8515 to learn more about your legal rights and options.
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