Nursing Home Abuse Lawyers

Moving your loved one to a nursing home is never an easy decision to make. If your loved one has been hurt or neglected in the facility where they were supposed to be cared for, you need an experienced nursing home abuse lawyer to lead the charge against those who harmed them. Burger Law will fight to bring you and your loved one justice and a safe recovery.

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Nursing Home Abuse Lawyers St. Louis and Missouri

Nursing Home Abuse Lawyer St. Louis and Missouri. Trusting the nursing home or long-term care facility that cares for a loved one should never be a question. Your loved one was abused by the nursing home that your family trusted to care for their health and they need to be held accountable for their horrible actions. You need a Nursing Home Abuse Lawyer in St. Louis that has experience defending nursing home negligence lawsuits. Burger Law fights to protect the rights of nursing home and assisted living center residents, and our attorneys fully and aggressively pursue all businesses or individuals who harm those who cannot care for themselves.

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Our attorneys have the experience that your family needs to fight this nursing home abuse lawsuit, and can make sure that the nursing home or assisted living facility is held fully liable for the harm that they caused your family. Call or contact our Nursing Home Abuse and Nursing Home Negligence Lawyers in St. Louis now to schedule a free case review.

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“Gary and his team provided us with effective, efficient and highly professional service. Gary provides sound advice and is a trustworthy and ethical attorney. I highly recommend the team!”

David and Fran Schneider

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Accomplished Nursing Home Abuse Attorneys in St. Louis, MO

St. Louis Nursing Home Abuse Law Firm Burger Law protects those that have been abused or neglected while in the custody of a long-term care facility. Our attorneys are committed to helping recover compensation for medical expenses, pain and suffering and other damages for your loved one's nursing home abuse case. Over the years, our nursing home lawyers have fought for and won compensation for nursing home abuse and neglect victims in Missouri.


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What Does "Nursing Home Abuse" Mean in St. Louis and Missouri?

According to the Centers for Disease Control and Prevention (CDC), elder abuse is the abuse and neglect of a person age 60+ by a caregiver or other trusted personnel. Missouri law recognizes three types of mistreatment of the elderly:

  • Abuse - physical, sexual or emotional injury or harm to an elderly person
  • Neglect - failure to provide a reasonable standard of care to elderly, including nutrition, medication assistance, hygiene and other services
  • Financial exploitation - deceiving or forcing an elder to provide access to personal property and assets with the intent of revoking their rightful access to, or use of, their benefits, resources, belongings and assets

Can I Sue for Nursing Home Abuse or Neglect?

Can I Sue for Nursing Home Abuse or Neglect in St. Louis, Missouri?

Nursing homes and other long-term care facilities are required to provide a certain level of care to residents. If this standard of care is not provided, and a resident is harmed, you could have grounds for a nursing home abuse lawsuit.

Warning signs of nursing home abuse and neglect can include the following:

  • Bed sores
  • Bruises, lacerations or broken bones
  • Poor hygiene
  • Sudden financial burdens
  • Unexplained weight loss
  • Changes in Behavior

The effects of nursing home abuse can vary from case to case. However, if you or another family member notices any of these signs in your loved one, you may be able to file a nursing home abuse lawsuit against the negligent facility.


When Can You Sue a Nursing Home?

When Can You Sue a Nursing Home in St. Louis and Missouri?

There are two different possible types of lawsuits that can be brought against a nursing home: tort and breach of contract. The former is much more common than the latter. A tort lawsuit alleges mistreatment of the nursing home resident. You can sue a nursing home in Missouri in the following cases:

  1. Abuse - intentional harm done to the victim. This can be physical, sexual, emotional, or psychological
  2. Neglect - failure to adequately care for the resident, either intentionally or due to carelessness. Failing to regularly bathe or feed the individual, dressing them in weather-appropriate clothing, keeping their living area clean (changing bedpans, laundering bedding, removing trash, etc.), and leaving a heavily dependent individual unattended are examples.
  3. Financial exploitation - taking advantage of the resident's financial resources through deceit or force. Receiving unjustified payment or receiving or benefiting from the victim's assets, resources, or belongings are types of financial exploitation.

In other cases, a different type of lawsuit such as a medical malpractice or wrongful death suit may be more fitting. It is possible to file different lawsuits against multiple defendants. A lawyer will help you determine if you have a case and, if so, what kind of lawsuit(s) to file.

Nursing homes are obligated to provide a certain standard of care. They are also considered responsible for any negligent behavior of their employees. To make the case that your loved one is a victim of nursing home abuse, you need proof. Gather proof of injuries sustained as well as proof that the nursing home was negligent. Results of abuse or neglect could be physical injuries (i.e., bedsores, infections, bruises, cuts, broken bones), physical characteristics (emaciation, dirty or unkempt appearance, presence of bugs or excessive trash in living area), behavior (i.e., wandering, confusion, appearing withdrawn or unresponsive, agitation), or financial changes (i.e., unexplained missing money or belongings, suspicious account withdrawals or transfers). Photos, video, and medical or financial documents can adequately prove the abuse took place. To prove that the facility and/or employees of the facility is responsible for the abuse, collect witness statements, security footage, and the facility's internal reports.

To summarize, one can sue a nursing home for abuse, neglect, or financial exploitation of an elder in a nursing home's care. The harm can come from the actions of an employee of the facility or the negligence of the facility itself. To make a case of nursing home abuse, one must prove that the individual was harmed in some way, and that the harm was due to the actions of the nursing home or its employee.

What to Expect When Filing a Nursing Home Abuse Lawsuit?

What to Expect When Filing a Nursing Home Abuse Lawsuit in St. Louis

Nursing homes and senior living facilities are responsible for ensuring the well-being of residents entrusted in their care, but unfortunately, this doesn't always happen. Some elderly care facilities are negligent and don't maintain premises, vet the employees they hire or don't follow proper protocol for dispensing medication or daily care to residents.

Nursing home abuse lawsuits often involve negligent caregivers. Under Vicarious Liability, nursing homes and other long-term care facilities are liable for an employee's negligent actions, and can be sued for nursing home abuse.

In most states, nursing home abuse lawsuits are valid if the victim or their family members can provide proof of injury (physical, financial or emotionally), evidence of the nursing home's negligence (witness reports, photos, video) and proof that the facility didn't provide a certain level of care, resulting in the resident's harm and losses.

Contact Our St. Louis Nursing Home Attorneys Today

Contact Our St. Louis Nursing Home Attorneys Today

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What Rights Do Nursing Home Residents Have?

What Rights Do St. Louis, Missouri Nursing Home Residents Have?

In 1987, Congress passed the Nursing Home Reform Act after the Institute of Medicine found that nursing home residents were being abused and/or neglected. The act sets out required services and care, as well as a bill of rights that all nursing homes in Missouri and throughout the U.S. must follow. The act stipulates the all nursing home residents have a right to:

  • Freedom from abuse, mistreatment, and neglect
  • Freedom from physical restraints
  • Privacy
  • Accommodation of medical, physical, psychological, and social needs
  • Participate in resident and family groups
  • Be treated with dignity
  • Exercise self-determination
  • Communicate freely
  • Participate in the review of one's care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility
  • Voice grievances without discrimination or reprisal

If a loved one is being denied their rights and are being mistreated in a St. Louis or Missouri nursing home, call the nursing home neglect and abuse lawyers of Burger Law now at (314) 500-HURT.

What Are Common Types of Nursing Home Negligence?

What Are Common Types of Nursing Home Negligence in St. Louis, MO?

The Centers for Disease Control and Prevention define nursing home negligence as the “failure to meet an older adult’s basic needs. These needs include food, water, shelter, clothing, hygiene and essential medical care.” The accomplished Missouri nursing home negligence lawyers at Burger Law have seen every type of nursing home negligence case, and have the skill and experience to maximize your recovery and help put your mind at ease.

Bed Sores

Bedsores can also be called pressure sores, decubitus ulcers, or pressure ulcers. In a 2004 study, the Centers for Disease Control and Prevention found that 11 percent of nursing home residents suffered from bedsores. Bedsores occur in four stages, classified by the depth of soft tissue damage.

  • Stage 1: A persistent redness of the skin.
  • Stage 2: A loss of partial thickness of skin appearing as an abrasion, blister or shallow crater.
  • Stage 3: A loss of full thickness of skin, presented as a deep crater.
  • Stage 4: A loss of full thickness of skin exposing muscle or bone. This stage can often lead to infection.

The most common stage is stage 2, and the most common place where nursing home residents experience bedsores is on their lower back, which are called sacral ulcers. Recovery can take months or even years, depending on which stage the ulcer is in. If you discover that a loved one living in a nursing home is suffering from bed sores, speak to a nursing home negligence attorney immediately at (314) 500-HURT.

Bedsores occur when blood flow is cut off to the area for more than two or three hours, and are especially common in people in wheelchairs or who are confined to beds. Missouri nursing homes should check their patients’ skin daily, keep their skin clean and dry and change any bandages daily. Not doing so constitutes nursing home negligence. Any red marks need to receive medical attention immediately. Any nursing home resident who is immobile or confined to a wheelchair or bed should have their position changed every two hours. If your loved one has experienced any stage of bedsore because of nursing home negligence, you need the knowledgeable nursing home negligence attorneys at Burger Law to fight by your side to make sure you get the full compensation you and your family deserve.

Social or Emotional Neglect

Nursing homes are responsible for the entirety of their residents’ well-being, and that includes their social and emotional health. Like all humans, the elderly need positive social interaction to thrive. Nursing homes can be a wonderful way for residents to make new friends in their golden years. However, administrators or employees preventing residents from interacting with others is a form of nursing home negligence. This can happen if they accidentally isolate vulnerable residents, fail to provide canes, wheelchairs or walkers to residents who need assistance moving around or forget to move residents with severe mobility or mental limitations. If your loved one has been denied the social interaction that every human needs and is entitled to, call Burger Law today at (314) 500-HURT and our committed and compassionate nursing home negligence attorneys will demand that you and your family receive a complete financial recovery. As your Missouri nursing home negligence lawyer, we will use our knowledge and experience to investigate, build and prove your case of social or emotional neglect.

Failure to Provide Basic Living Needs

This can include failing to keep the nursing home at an appropriate temperature, not cleaning the rooms or common areas frequently or not providing adequate, healthy or safe food and water. If a resident requires medication it must be provided at the appropriate time, every time, and in the right dosage. Failure to properly administer medication is a form of nursing home negligence. If a nursing home or its staff does not give your loved one the medication and care they need, you need the expertise and experience of Burger Law’s Missouri and St. Louis nursing home negligence lawyers to hold the nursing home responsible. Discuss your case with us now at (314) 500-HURT or fill out this form.

What Are Common Signs and Symptoms of Nursing Home Negligence?

What Are Common Signs and Symptoms of Nursing Home Negligence in St. Louis, Missouri?

There are certain warning signs of nursing home negligence and abuse that you can be on the lookout for to make sure your loved one in is not going through nursing home neglect or nursing home abuse. Signs of abuse and neglect you can look out for are:

  • Bedsores or pressure ulcers
  • Bruises, burns, welts, cuts, lacerations or fractures
  • Dehydration or malnourishment
  • Fatigue, insomnia or other sleep disorders
  • Poor hygiene and poor dental hygiene
  • Illness
  • Gangrene
  • Worsening existing conditions
  • New or untreated medical conditions
  • Significant personality changes such as irritability or suicidal thoughts or actions
  • Complaining about the staff
  • Unpaid bills when you know there should be adequate money in their account

If you suspect your loved one is being neglected or abused, it is important to take immediate action. You can make a report with the Missouri Department of Health and Senior Services here, or call their hotline at 1-800-392-0210. After that, reach out to an experienced and dedicated nursing home abuse lawyer in St. Louis right away. You and your family deserve justice and to be made whole again after your loved one was subjected to someone else's terrible behavior.

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Hire a Nursing Home Neglect and Abuse Lawyer?

Hire a St. Louis, MO Nursing Home Neglect and Abuse Lawyer

Burger Law investigates the circumstances of all nursing home abuse claims and develops outlooks of the type of damages that a case can potentially recover. Our nursing home abuse attorneys have extensive experience in nursing home abuse lawsuits and are passionate about making negligent nursing home facilities take responsibility for the damages that they caused.

If you or someone you love has been the victim of nursing home abuse, and you need an aggressive St. Louis nursing home abuse attorney to fight for your case, call or contact Burger Law now at (314) 500-HURT to schedule a free case review.

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Nursing Home Neglect Client Testimonials?

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When you discover something as heartbreaking as your dependent family member being neglected or abused by nursing home staff, it is critical that you find a nursing home abuse lawyer you can trust. Your family needs someone who you can trust and rely on for support in addition to their legal skill and expertise.

At Burger Law, we handle your matters with care and understand how difficult this case is for you. We have proudly supported and befriended many of our past clients and are happy to share their stories with you.

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Nursing Home Abuse and Neglect Frequently Asked Questions

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Common Nursing Home Abuse Questions

It can be overwhelming to go through any type of personal injury case, and that is especially true for something as difficult as a case of nursing home abuse or negligence. Help yourself and your family through this time by learning about the process and what you can expect through our answers to commonly asked questions.

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When Can You Sue a Nursing Home?

Sending an elderly family member to a nursing home is challenging. It is a vulnerable time for the nursing home resident. The worst possibility is that the resident is mistreated in the facility. Many forms of mistreatment take place against elderly nursing home residents. When this happens, legal …

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