Kansas City Nursing Home Abuse Attorney
The Midwest's Most Effective Injury Law Firm
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.
- Last Modified:
- November 15, 2024
Speak with an experienced Kansas City nursing home abuse lawyer if you or a loved one have been abused or neglected while under the care of a long-term care facility. You may have the right to recover compensation and protect others from the same abusive treatment.
Since 1979, our law firm has been proud to stand up and advocate for injury victims and families throughout the state of Missouri. Our award-winning nursing home abuse lawyers in Kansas City are dedicated to securing financial justice for our clients and have achieved over $1 billion in benefits, settlements, and verdicts on their behalf.
You don’t have to go through this difficult time alone. Let us take on the nursing home, insurance company, and other tough defendants for you and your family. Contact our Kansas City law office today to arrange a free consultation to discuss your legal rights and options. Get started with your case by calling (816) 670-4701 to request a free case evaluation or find out if you have a case online. And remember, our attorneys work on a contingency fee basis, meaning there are no upfront costs or legal fees – we only get paid if you win.
- How Our Attorneys Will Stand Up for You and Your Loved One
- Brown & Crouppen Nursing Home Settlements
- Why Should I Hire a Lawyer if a Family Member Has Experienced Nursing Home Abuse?
- What Qualifies as Nursing Home Abuse?
- Signs of Nursing Home Abuse and Neglect
- How Do I Report Nursing Home Abuse in Kansas City?
- Liability in Kansas City Nursing Home Abuse Cases
- Damages Available to Nursing Home Abuse Victims
- Kansas City Nursing Home News & Updates
- Statute of Limitations on Nursing Home Abuse in Missouri
- Contact Us With Your Nursing Home Abuse Claim Today
How Our Attorneys Will Stand Up for You and Your Loved One
At Brown & Crouppen, we’ve been fighting for victims of abuse and neglect for over four decades. The nursing home abuse lawyers in our top-tier legal team aren’t afraid to stand up to negligent nursing homes on behalf of abused elders. We defend the rights of nursing home abuse victims throughout Missouri and beyond.
When we take your case, you can count on us to handle it with the utmost care and attention it deserves. We’ll develop a strategic approach and navigate your claim through the legal system so you can spend more time healing with the ones you love. We will:
- Investigate concerns and allegations of nursing home misconduct and abuse.
- Document signs of abuse or neglect.
- Gather evidence, which might include photographs, video recordings, medical treatment records, nursing home records, witness reports, and much more.
- Enlist the help of qualified medical professionals, mental health specialists, forensic experts, and other specialists.
- Negotiate a settlement with the nursing facility, abusive caretaker, and insurance company on your family’s behalf.
If the nursing home refuses to admit wrongdoing or offer a fair settlement, our award-winning Missouri trial attorneys will be fully prepared to bring your case to a judge and jury in Jackson County.
Our law firm will do everything in its power to help your family make things right. Contact us to discuss your legal rights and options. Do not wait to schedule your free consultation.
Brown & Crouppen Nursing Home Settlements
- $748,848 – Nursing home neglect led to multiple bedsores led to severe infection
- $400,000 – Nursing home neglect led to bed sores and sepsis
- $407,046 – Neglect led to choking and brain damage/coma
- $500,000 – Abuse victim had bedsores that led to toxic shock syndrome
- $1,000,000 – Nursing home patient was murdered by her roommate
- $900,000 – Nursing home patient suffered from bedsores and severe burns
Glowing Testimonials
Why Should I Hire a Lawyer if a Family Member Has Experienced Nursing Home Abuse?
It’s simple: your family deserves justice. The nursing facility and abusive caretaker(s) must be held accountable. However, while you may know that your family member is being abused, it can be hard to prove. A nursing home won’t rush to admit wrongdoing or fault, either. It’ll fight you every step of the way, working hard to downplay your claims and preserve its image.
You’ll increase the odds of a successful result — and maximum financial recovery — by hiring an experienced Kansas City personal injury lawyer to handle your nursing home abuse case. Our lawyers serve the great metro area including:
- Birmingham
- Blue Springs
- Blue Summit
- Claycomo
- Gladstone
- Independence
- Hyde Park
- Lee’s Summit
- Lenexa
- Liberty
- North Kansas City
- Northeast Kansas City
- Olathe
- Overland Park
- Pendleton Heights
- Platte City
- Raytown
- River Bend
- Riverside
- South Kansas City
- Sugar Creek
“"Every client that comes to us, whether it's for a nursing home case or something else, they do it because they feel powerless. And they should feel powerless because the truth is without a good lawyer on their side, they are powerless. There's nothing they can do on their own that's going to scare a giant corporation or an insurance company. What are they going to do? What are they going to say? They have nothing. But when they hire a lawyer, and Brown & Crouppen gets involved, that is what takes away the powerless feeling. Because you know what we have? We have power, because we know their game. We know the tricks. We have the ability to file a lawsuit if we have to. We have the ability to persuade a jury if we have to, but that is where the power comes from. That's all of the leverage, and of course the hope is that you put so much leverage on them that they crack and they pay something that we say is a reasonable amount. And if they're not willing to, we'll make sure that a jury awards a reasonable amount."
What Qualifies as Nursing Home Abuse?
Nursing home abuse occurs when a long-term nursing home resident is injured or suffers because of their caretaker’s conduct.
There are several types of nursing home abuse, which include:
- Physical abuse
- Sexual abuse
- Psychological abuse
- Financial abuse
- Neglect
Physical abuse refers to an unreasonable and excessive use of force that causes a resident to suffer physical injuries and trauma.
Examples include:
- Hitting
- Pushing
- Misuse of physical restraints
- Strangling
Sexual abuse refers to unsolicited and non-consensual sexual contact between caretakers and residents. It can also include forcing a resident to watch sexual conduct, such as masturbation or sex between other residents.
Examples include:
- Touching a resident’s genitals or private areas inappropriately
- Forcing a resident to touch a caretaker in a sexual manner
- Forcing sexual intercourse on a resident
Psychological abuse refers to behavior that’s intended to cause a resident to suffer emotional distress or suffering.
Examples include:
- Isolation
- Abandonment
- Preventing a resident from taking phone calls or seeing family members
- Yelling at a resident
- Verbal manipulation
- Intentional neglect
Financial abuse involves theft or misappropriation of a resident’s money or personal property.
Examples include:
- Stealing a resident’s identity
- Using a resident’s credit card or bank account
- Theft of personal property
Neglect occurs when a resident does not receive the level of care and assistance required to keep them safe and healthy. Neglect can be unintentional and the result of pure carelessness or intentional.
Examples include:
- Depriving a resident of necessary food, water, or medication
- Failing to reposition a bed-bound or wheelchair-bound resident regularly, which can result in bedsores and pressure ulcers
- Failing to bathe a resident regularly
- Failing to call a doctor or request medical care when necessary
Nursing home residents may be subjected to one or more of these types of abuse in a long-term care facility.
Signs of Nursing Home Abuse and Neglect
Here are some common signs that a loved one is being abused, neglected, or mistreated in their Kansas City nursing home:
- Unexplained injuries or bruising
- Unexplained weight loss
- Bed sores
- Reluctance to see or visit family members
- Poor personal hygiene
- Elderly dehydration and malnutrition
- Infection
- Frequent illness
- Sleep disorders, including fatigue and insomnia
- Dental problems
- Bed rail injuries
- Behavioral changes
- Depression and anxiety
- Unclean or unsanitary living conditions
- Heavy medication use
- Fear of being touched
- Rocking, sucking, biting, and other calming mechanisms
Anytime you suspect abuse or neglect, it’s important to discuss the issue with the nursing facility and document your concerns separately. If problems persist, escalate the matter to management and seek the guidance of an experienced Kansas City nursing home abuse attorney.
What Is the Most Common Abuse in Nursing Homes?
According to the World Health Organization, psychological abuse is the most common type of elder abuse in institutional settings, with 33.4 percent of reports falling under this category. This type of abuse is often quite subtle compared to others, but its effects can be just as damaging. Victims may experience emotional trauma, loss of self-esteem, and feelings of isolation due to psychological abuse.
Physical abuse is also highly prevalent in nursing homes. At 14.1 percent, it’s the second-most common type according to WHO data. Other sources suggest that as much as 29 percent of nursing home abuse involves physical abuse.
Get started with a free consultation with one of our skilled Personal Injury Lawyers today.
How Do I Report Nursing Home Abuse in Kansas City?
If you believe a Kansas City nursing home resident is in immediate danger, call 911. For non-emergencies, you can report abuse or neglect to the Adult Abuse & Neglect Hotline by calling (800) 392-0210. It is available from 7:00 AM to 8:00 PM every day.
You can also make a report to the Missouri Ombudsman Program or through the Online Reporting System maintained by the Missouri Department of Health & Senior Services. You can make an online report 24/7.
After you make a report, a staff member from the DHSS Division of Regulation and Licensure should investigate the facility. If they find evidence of abuse, they will act according to their protocol, including notifying law enforcement and taking steps to protect the resident.
“Every client that comes to us, whether it's for a nursing home case or something else, they do it because they feel powerless. And they should feel powerless because the truth is without a good lawyer on their side, they are powerless. There's nothing they can do on their own that's going to scare a giant corporation or an insurance company. What are they going to do? What are they going to say? They have nothing. But when they hire a lawyer, and Brown & Crouppen gets involved, that is what takes away the powerless feeling. Because you know what we have? We have power, because we know their game. We know the tricks. We have the ability to file a lawsuit if we have to. We have the ability to persuade a jury if we have to, but that is where the power comes from. That's all of the leverage, and of course the hope is that you put so much leverage on them that they crack and they pay something that we say is a reasonable amount. And if they're not willing to, we'll make sure that a jury awards a reasonable amount."
Liability in Kansas City Nursing Home Abuse Cases
Who can be held accountable for your family member’s distress, suffering, and injuries when they’re abused or neglected in a Kansas City nursing home? Under Missouri state law, anyone who owes your loved one a duty of care and contributes to their suffering is liable.
Following a thorough investigation of your nursing abuse case, our Missouri nursing home attorneys may determine that one or more of the following parties are liable:
- Personal caretakers
- Certified Nursing Assistants (CNAs)
- Nursing home staff
- Doctors and nurses
- Nursing home administration
Our legal team will carefully evaluate your family member’s situation and identify anyone who directly caused harm or indirectly put them in harm’s way. Once we have established liability, we will not hesitate to pursue compensation from anyone who shares fault.
This will normally require us to prove that the at-fault party had a duty to care for your loved one, breached that duty, and caused their injuries or suffering as a result. Evidence gathered from medical records, witness statements, and expert testimony can help strengthen your case.
We may encounter resistance from nursing home staff or administration when attempting to gather evidence or investigate the case. They may deny any wrongdoing and intentionally hide or destroy evidence that could prove negligence or abuse. Additionally, it can be challenging to gather witness testimonies since many residents in nursing homes may have limited communication abilities or fear retaliation from their abusers. Although these possibilities can add complexity to your case, our attorneys have extensive experience handling nursing home abuse cases and have the necessary resources to uncover the truth.
Damages Available to Nursing Home Abuse Victims
Compensatory awards, in the form of economic and non-economic damages, can be recovered in a nursing home abuse lawsuit.
Economic damages are intended to offset the financial costs of abuse and neglect, such as:
- Medical transportation, hospitalization, surgery, and current medical bills
- Future medical treatment and medical expenses
- Transportation to a new nursing home or assisted living facility
- Rehabilitation
- Therapy
- Restitution for financial losses
Abuse can take quite a toll on an aging resident. That’s where non-economic damages come into play. Often referred to as pain and suffering, they’re intended to compensate for hard-to-value, personal trauma of abuse and neglect, like:
- Emotional distress
- Reduced quality of life
- Chronic physical pain
- Depression, anxiety, and PTSD
- Disfigurement
- Embarrassment
If evidence shows that the abuse was intentional or due to the facility’s deliberate and flagrant disregard for the resident’s safety, you may also recover punitive damages. Depending on your case, different damages may or may not apply. The average nursing home abuse settlement is approximately $236,000. However, this is just an average, and your case may be higher or lower depending on the unique circumstances of your case.
Furthermore, the average length of a nursing home abuse case is approximately two years, depending on many factors. A nursing home injury lawyer can help determine the appropriate course of action and next steps for your case, in addition to providing an estimated timeline.
Kansas City Nursing Home News & Updates
Unfortunately, nursing home abuse is more common than you may think. Here are recent headlines and updates about nursing home abuse in Kansas City.
A Kansas City Nursing Home Employee Sent to Prison for Elder Abuse
Patricia Ann Myler, a former nursing home employee, was sentenced to four years in prison for mistreatment of an elderly person, identity theft, and computer crimes. The abuse took place at Villa St. Francis Nursing Home, located about 30 minutes from Kansas City, MO. According to a KCTV report, she stole over $150,000 from nursing home residents.
Several Kansas City Nursing Homes Get One-Star Rating
According to The Kansas City Star, several nursing homes in the Kansas City area received a one-star rating after inspection, with many facilities being cited for abuse. While the specific details about the cited abuse were not disclosed, abuse is defined as:
“[T]he willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish. It includes verbal abuse, sexual abuse, physical abuse, and mental abuse.”
As of January 2024, these nursing homes had abuse citations and a rating of one star:
- Bonner Springs Nursing & Rehab Center
- Carmel Hills Wellness & Rehabilitation
- Hidden Lake Care Center
- Infinity Park Post-Acute and Rehabilitation Center
- Life Care Center of Grandview
- Medicalodges Post Acute Care Center
- Parkview Healthcare
- Parkway Health Care Center
- Sunrise Nursing and Memory Care
- The Hilltop at Blue River
- The Rehabilitation Center of Independence
- Tiffany Springs Rehabilitation and Health Care Center
Nursing Home Owners Claim They Cannot Afford to Hire More Staff
There is a new federal staffing mandate that requires facilities to provide at least 3.48 hours of care for each nursing home resident. Because this requirement is more than many facilities currently have, some nursing homes have claimed they cannot afford to meet the new minimum. In Kansas, the staffing mandate almost doubles the state’s requirement.
With these minimum staffing changes, Kansas City nursing homes may find it challenging to find qualified caregivers and certified nursing assistants (CNAs) while keeping costs down. Some facilities may qualify for exemptions as they adjust to the mandate.
Timberlake Care Center Residents Displaced as the Facility Is Forced to Shut Down
Many nursing home residents were displaced when Timberlake Care Center was forced to shut down in April 2024 due to emergency staffing and financial issues. The attorney general’s office claimed the nursing home owner owed over $3 million in loans and did not comply with these agreements.
The petition also detailed the dangers of the facility, including the risk of serious injury, harm, impairment, or death. Many of the facility’s residents were left confused, frustrated, and alone as they transitioned to a different facility.
New Nursing Home Staffing Requirements
The Centers for Medicare and Medicaid Services (CMS) has created new staffing requirements for nursing homes and facilities. The final rule, released on April 22, 2024, is designed to improve safety, quality, and patient care. Also, increased deaths in long-term care facilities during the COVID-19 pandemic raised concerns about nursing homes’ ability to adequately care for residents.
According to these new minimum staffing requirements for nursing homes, less than 20 percent of nursing homes in the United States currently meet all the requirements. Nursing facilities will have time to meet these requirements as they are phased in over time.
Many Missouri nursing homes will adjust their payrolls to comply. The Missouri minimum staffing requirement for “skilled nursing facilities” (SNFs) is one staff member for every:
- 15 residents in the morning
- 25 residents in the evening
- 35 residents in the night
Missouri requires SNFs to have one “direct care provider” for every:
- 5 residents in the morning
- 10 residents in the evening
- 15 residents in the night
Kansas City Nursing Homes Sue Over Utility Bill Dispute
Owners of The Hilltop at Blue River and Rock Hill Nursing Center sued KC Water, the city’s water department, over a water bill dispute. Filed on July 29, 2024, the lawsuit demands compensation and a lien removal on one of the properties.
While the $178,000 lien is for delinquent payments, KC Water did not fully explain the bills. Previous court documents allege that the facility’s previous owners may have not paid utility bills for months, leaving balances over $130,000. This balance was transferred to the new owner’s utility bill.
Several States Sue the Federal Government Over Nursing Home Staffing Requirements
Multiple states, including Missouri, have jointly sued the Centers for Medicare and Medicaid Services (CMS) over allegedly unreasonable staffing requirements that could put nursing homes out of business and leave residents displaced.
The states claim that CMS does not have legal authority to enforce the new minimum staffing requirements for nursing homes and the changes will do more harm than good. Though there has been significant opposition, many groups support the CMS mandate, hoping that it will improve care and make nursing homes safer.
Statute of Limitations on Nursing Home Abuse in Missouri
In most cases, the Missouri nursing home abuse statute of limitations is set at five years. This means you must file a lawsuit within five years of the date on which the abuse occurred. However, if your loved one passed away due to nursing home abuse, you have three years from the date of death to file a wrongful death lawsuit.
In some cases, it may be possible to extend the statute of limitations if there is evidence showing that the abuse could not have been discovered before the deadline passed. Missouri law also allows judges to extend the deadline while the victim is mentally incapacitated.
However, it is wise to consult with a nursing home abuse attorney before relying on potential exceptions. If they do not apply to your case, the original deadline will be strictly enforced.
Contact Us With Your Nursing Home Abuse Claim Today
With over 250 legal professionals and 40 years of experience, the legal team at Brown & Crouppen has the skills and resources needed to seek justice on your behalf. Our Kansas City personal injury attorneys understand the sensitivity of these claims and give each case the individualized attention it deserves.
Contact us online or call (816) 670-4701 to schedule your free consultation with a skilled Kansas City nursing home abuse attorney. We will ensure you understand your full legal rights and options.
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Brown & Crouppen Law Firm
Address: 2345 Grand Blvd #675, Kansas City, MO 64108
Phone: (816) 670-4701
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- Last Modified:
- November 15, 2024
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