A nursing home should be a safe place for the elderly or infirm to receive the supportive care they require.
Dempsey Kingsland & Osteen holds elder care facilities accountable if a loved one was injured through neglect, abuse, or medical negligence.
Every Kansas City nursing home abuse lawyer on our team has a background in medical malpractice and nursing home litigation, and they are equipped with the proven skills to demonstrate how your family member was mistreated.
We have secured settlements and verdicts on behalf of victims throughout Missouri and Kansas. To get started, please contact us today.
What Is Nursing Home Abuse?
Nursing home abuse can take on many forms. The most common types of abuse seen in a nursing home include:
- Physical: Physical abuse in a nursing home can involve assault, shoving, hitting, using restraints to keep the patient from moving, or not providing proper medicine or nutrition.
- Emotional: Emotional or psychological abuse inflicts pain in a non-physical way. This can include harassment, humiliation, threats, intimidation, and isolation.
- Financial: Financial abuse is the illegal or improper use of the victim’s personal assets or property. This can take the form of stealing, coercing signatures to documents, or abusing the benefits of a power of attorney.
- Neglect: Neglect is defined as failing to care adequately for the elderly, so they can live a comfortable life. One study found that 95% of nursing home residents reported either suffering from neglect or witnessing another resident be neglected.
As you can see, there are a lot of forms of nursing home abuse. It is important that you recognize the signs of these types of abuse so that you can make sure your family member is safe.
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Signs of Elderly Home Abuse
Elderly nursing home residents may not be able to communicate the signs of their abuse. Check on your elderly family member and see if they are exhibiting any of the signs below because they may be suffering abuse.
- Physical Abuse: A nursing home resident may be suffering from physical abuse if they have unexplained bruising, or broken bones, signs of restraints on the wrists, and are afraid of certain staff members or fellow residents.
- Emotional Abuse: Signs of emotional abuse include depression, fear of particular staff members or fellow residents, and changes in mood.
- Financial Abuse: Your elderly family member may be suffering from financial exploitation if their belongings are missing, there are unexplained transfers of money from their bank accounts, sudden changes to their will or other financial and legal documents.
- Neglect: Nursing home residents may be suffering from neglect if you notice dehydration, unsanitary living conditions, malnutrition, or untreated bedsores.
These are only some of the signs of the most common forms of abuse. Do your best to listen to the nursing home residents in your family to ensure that they’re being taken care of properly. If you think your family member is being abused, please reach out to our Kansas City nursing home abuse lawyer.
Understanding What Nursing Home Negligence, Neglect, & Abuse Looks Like
Open sores. Unexplained bruises or fractures. Loss of weight or appetite. Sudden depression, silence, or personality change.
There may be valid explanations for these symptoms relating to age or disease, or these may be signs of poor care or abuse.
At Dempsey Kingsland & Osteen, we investigate all types of nursing home negligence resulting in physical injury, wrongful death, or other compensable harm.
Don’t carry this fear alone.
If you suspect nursing home negligence, fill out the form below—we’re ready to listen and help.
We can help you if your loved one was affected by:
- Advanced stage bedsores (pressure ulcers),
- Malnutrition and dehydration,
- Undiagnosed medical conditions,
- Medication errors or overmedication,
- Falls from bed or from walking without assistance,
- Excessive restraint or physical abuse,
- Emotional abuse and punishment,
- Wandering off the premises, and
- Assault/sexual assault by staff, visitors, or residents.
Some types of elder neglect, such as falls, may go unreported by nursing home staff. Nursing home negligence often stems from understaffing, unqualified staff, poor medical supervision, and sloppy administration.
Our experienced Kansas City nursing home abuse lawyers secure medical records, check the criminal backgrounds of employees and managers, and research health code violations and similar claims of abuse or neglect.
Types of Payout for Nursing Home Abuse or Negligence
If your loved one has suffered due to nursing home abuse or negligence in Kansas or Missouri, they may be entitled to compensation. This compensation falls under three main legal categories: economic damages, noneconomic damages, and punitive damages.
Economic Damages
Economic damages are the quantifiable financial losses your family has incurred. These may include the cost of medical treatment required due to the abuse or neglect, rehabilitation, necessary future care, and any financial losses caused by the abuse, such as stolen funds or unauthorized account withdrawals. If your loved one was forced to relocate due to the abuse, these transition costs may also be recoverable.
Noneconomic Damages
Noneconomic damages refer to the emotional and psychological impact your loved one suffers. These damages include pain and suffering, emotional distress, loss of enjoyment of life, humiliation, and loss of companionship. While harder to quantify, these harms are often the most devastating and are taken seriously by our legal team and the courts.
Punitive Damages
Punitive damages are awarded not to compensate the victim, but to punish the nursing home for especially egregious misconduct and to deter future abuse. These may apply in cases of gross negligence, intentional abuse, or systemic mistreatment and are particularly relevant when a facility exhibits a clear pattern of disregard for resident safety.
At Dempsey Kingsland & Osteen, our team of dedicated client advocates, including full-time medical professionals, methodically investigates every case to ensure all potential compensation avenues are explored.
How to Report Signs of Nursing Home Abuse in Missouri
If you see signs of nursing home abuse, you need to report it. If the nursing home is in Missouri, call the Missouri Department of Health and Senior Services (DHSS) Adult Abuse and Neglect Hotline at 800-392-0210. If you prefer, you can report it through the DHSS online system instead. Both the phone hotline and the online system are monitored by staff from 7 AM to 8 PM, every day of the year.
The Missouri Department of Health and Senior Services (DHSS) investigates complaints involving individuals 60 and older, as well as adults with disabilities aged 18–59. DHSS’s Division of Regulation and Licensure conducts investigations when the suspected victim resides in a long-term care facility. According to DHSS, long-term care investigations are generally initiated within 24 hours of receiving the complaint.
When to Call a Nursing Home Negligence Lawyer in Missouri
Reporting abuse is the first step. But if you’re a loved one of the person being harmed, it’s also important to ensure the nursing home is held accountable.
That’s where a nursing home negligence lawyer comes in. At Dempsey Kingsland & Osteen, we guide families through this complex and emotional process. Our in-house team of physicians and nurses works hand-in-hand with our legal advocates to build a comprehensive case that not only seeks justice but also helps prevent further harm to others.
How to Report Nursing Home Abuse in Kansas
In Kansas, the Kansas Department for Aging and Disability Services (KDADS) oversees nursing home regulations and investigates reports of abuse, neglect, exploitation, and poor care. To report nursing home abuse in Kansas, call the Hotline: 800-842-0078. The Hotline hours of operation are Monday – Friday, 8 AM – 5 PM. Kansas does not have an online portal to report abuse, but it does offer an email option: KDADS.ComplaintHotline@ks.gov.
When describing how to report nursing home abuse, KDADS recommends you:
- Keep a record of your report;
- Request a surveyor to contact you when conducting the investigation;
- Request and retain an intake number; and
- Request to receive a final determination letter.
By requesting and retaining this information, you can better track the results of your report.
When to Call a Nursing Home Abuse Lawyer in Kansas
While it’s critical to report abuse to KDADS, families often need legal assistance to obtain justice and compensation. If you’re a relative or caregiver who suspects abuse or neglect, consulting a Kansas City nursing home abuse lawyer can help protect your loved one and hold the facility responsible.
Our team-based approach means your case will be reviewed by legal professionals and in-house medical experts, helping to ensure no detail is overlooked.
Impact of Elder Abuse
Nursing home abuse doesn’t just leave physical scars. Elder abuse includes a wide range of acts of mistreatment. It affects every aspect of a vulnerable adult’s life, often with long-lasting consequences.
Physical and Emotional Harm
Elder abuse includes the infliction of physical, sexual, or emotional injury or harm, such as hitting, rough handling, verbal abuse, or sexual misconduct.
Neglect is damaging too. Nursing home neglect occurs when a nursing home fails to provide services for a resident, causing the resident imminent danger. Neglect can result in infections, chronic pain, preventable falls, or even premature death. If a facility fails to meet the essential human needs of its residents, it has violated its legal and moral duties.
Financial Exploitation
Tragically, some nursing home residents are also targets of financial exploitation. This occurs when someone—through deception, intimidation, or force—takes control of an elderly person’s assets with the intent to permanently deprive them of their property. Examples include unauthorized account access, changes to wills or power of attorney, or stolen possessions.
Bullying and Harassment
Bullying among residents or from staff is another often-overlooked issue. Bullying is any intimidation, harassment, or threat—physical, verbal, or digital—that causes a person to fear for their safety. Bullying in nursing homes is not only unethical but also unlawful.
While many of the acts that harm nursing home residents are criminally illegal, the criminal justice system rarely makes victims whole. In fact, sometimes the only justice a victim can get is through the civil court system. We can never take back the harm that has been inflicted on your loved one, but we can help make the future a little fairer.
At Dempsey Kingsland & Osteen, we recognize that behind every case is a human being: someone’s parent, spouse, or cherished relative. We work tirelessly to make sure the harm done is acknowledged, the victims are heard, and justice is served.
Nursing Home Abuse is a Widespread Problem
For elderly people living in nursing homes, abuse is an unfortunate reality. According to the Assisted Living Federation of America (ALFA), more than 40% of nursing home residents have reported that they suffered abuse.
This problem becomes worse when you consider that many elderly nursing home residents don’t have the tools to advocate for their own well-being.
Nursing home residents can have trouble communicating, or fear retaliation from staff for reporting abuse.
By adequately understanding nursing home abuse and the signs and symptoms of abuse, you can speak up for your family members who may not be able to do so themselves.
Suspect Your Loved One Has Endured Abuse in a Nursing Home? Take Action Today – We’re Here to Help.
If you suspect your loved one is a victim of nursing home negligence, don’t wait. The legal team at Dempsey Kingsland & Osteen is dedicated to fighting for the justice and compensation your family deserves.
Call 816-793-6451 or fill out our online form to schedule your consultation. Your family deserves the best care – and we’re here to make sure they get it. Let us help you navigate this difficult time and hold negligent parties accountable.
We handle cases in Kansas City, Blue Springs, Raymore, Raytown, Independence, Liberty, Olathe, Mission, Lenexa, as well as the state of Kansas.
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