Nursing home neglect lawyer · St. Louis
Nursing home neglect lawyer in St. Louis: when a loved one is hurt in care
Nursing home neglect is when a home fails to give the care a resident needs, and the resident is hurt or put at serious risk. Missouri and federal law give your loved one clear rights to safe care. If someone is in danger now, call 911 or the state hotline, then write down what you see.
What nursing home neglect and abuse mean under Missouri law
Missouri law uses plain definitions. Abuse means causing physical, sexual or emotional harm. Neglect means failing to give a resident the care needed to keep them healthy in body and mind. It counts as neglect when that failure puts the resident in real danger, or makes death or serious harm likely (RSMo 198.006).
Most neglect is not one dramatic event. It is small care that stops happening. Nobody turns a person in bed. Nobody helps with meals. Nobody answers the call light. Over days and weeks, the harm adds up.
- Bedsores, also called pressure injuries.
- Falls, broken hips and head injuries.
- Weight loss, dehydration and poor nutrition.
- A resident with dementia who walks out of the building unseen.
- Hitting, rough handling, threats, or theft of money.
- Medicine given late, given wrong, or not given at all.
Your loved one’s rights in a nursing home
Nursing homes that take Medicare or Medicaid must follow federal rules (42 CFR Part 483). Most homes in the St. Louis area take one or both. Missouri law adds its own list of rights (RSMo 198.088).
RIGHTS THAT MATTER MOST TO FAMILIES
- The right to be free from abuse, neglect and theft.
- The right to be free from restraints and sedating drugs used for staff convenience.
- The right to take part in the care plan, with a family member or other representative.
- The right to see medical records, and to get copies.
- The right to complain without being punished for it.
- The right to prompt notice when there is an injury or a big change in health.
A resident can name a representative, such as an adult child, to act for them as state law allows. If that is you, you can ask questions, attend care plan meetings and request records.
What to do now if you are worried
- If your loved one is in danger right now, call 911.
- Report suspected abuse or neglect to the Missouri Adult Abuse and Neglect Hotline at 1-800-392-0210. It is open 7 a.m. to 8 p.m., seven days a week, and you can also report online through the state health department. Anyone can report.
- Take photos of injuries, the room, the bed and the call light. Put the date on each one.
- Write down what you saw, the date and time, and the names of staff you spoke with.
- Ask for a copy of the care plan and the medical records in writing.
- Ask the doctor to examine your loved one and write down what they find.
Missouri law forbids a nursing home from punishing a resident or worker for making a report (RSMo 198.070).
How a Missouri nursing home case works
Missouri law lists long-term care facilities, including nursing homes, as health care providers (RSMo 538.205). That matters because many nursing home injury claims then follow the rules for health care cases.
- A shorter deadline. Claims against health care providers generally must be filed within two years (RSMo 516.105).
- A health care review early. Within 90 days after filing, the family’s side must file a sworn statement that a qualified health care provider has reviewed the case in writing (RSMo 538.225).
- A separate rights claim. Missouri also lets a resident, or a former resident’s estate, complain to the Attorney General about certain rights violations. If the Attorney General does not act, a lawsuit can follow (RSMo 198.093). The time limits are short.
- If your loved one died. Family members may have a wrongful death claim. It generally must be filed within three years (RSMo 537.100).
Which rules apply depends on the facts. That is why the first step is a careful look at the records.
2 years
The general deadline to sue a health care provider in Missouri, which the law defines to include nursing homes. Some exceptions exist. Source: RSMo 516.105 and 538.205.
Nursing home problems the firm handles
Bedsores and pressure injuries
How bedsores form, when they point to neglect, and the records that show it.
Fall risk, supervision, and what the home must do after a resident falls.
Physical, emotional, sexual and financial abuse, and how to report it.
Weight loss, missed meals and the fluid care residents are owed.
When a resident with dementia leaves the building unseen.
What those admission papers mean and your right to cancel within 30 days.
Talking with the firm
Your first meeting about a nursing home injury is free. Everything else is discussed in person. Harjot Singh Padda, JD will listen to what happened, look at what records you have, and explain which deadlines may apply. You can bring photos and notes to the office at 4477 Woodson Rd in St. Louis.
Common questions
Is a nursing home case the same as a medical malpractice case?
Often it follows many of the same rules, because Missouri treats nursing homes as health care providers. See the medical malpractice page.
Who can bring a claim for a nursing home resident?
Usually the resident, through a legal representative if needed. If the resident died, certain family members can. See who can sue for wrongful death.
Will reporting to the state get my mother kicked out?
Missouri law forbids a home from retaliating against a resident for a report. Read more on the nursing home abuse page.
We signed an arbitration agreement at admission. Can we still bring a claim?
It depends on the papers and when they were signed. See nursing home arbitration agreements.
What should I bring to a first meeting?
Photos, notes, any records, and the admission papers. See what to bring to your consultation.
Related reading
- Personal injury cases in St. Louis
- Medical malpractice
- Wrongful death claims
- What to bring to your consultation
Sources
- Mo. Rev. Stat. § 198.006 (definitions of abuse and neglect in long-term care facilities). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 198.088 (resident rights facilities must protect). Missouri Revisor of Statutes
- 42 C.F.R. § 483.1 (Part 483 applies to Medicare and Medicaid nursing facilities). Legal Information Institute, Cornell Law School
- 42 C.F.R. § 483.10 (resident rights, records access, care planning, notice of changes). Legal Information Institute, Cornell Law School
- 42 C.F.R. § 483.12 (freedom from abuse, neglect and exploitation; reporting times). Legal Information Institute, Cornell Law School
- Mo. Rev. Stat. § 198.070 (reporting abuse and neglect of residents; no retaliation). Missouri Revisor of Statutes
- Missouri Department of Health and Senior Services, Adult Abuse and Neglect Hotline, 1-800-392-0210. Missouri DHSS
- Mo. Rev. Stat. § 538.205 (“health care provider” includes long-term care facilities). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 516.105 (two-year limit for actions against health care providers). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 538.225 (health care affidavit within 90 days of filing). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 198.093 (complaint to the Attorney General; civil action for deprivation of resident rights). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 537.100 (wrongful death; three-year limit). Missouri Revisor of Statutes