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Missouri Omnibus Nursing Home Act provides protection to residents and employees

The Missouri Omnibus Nursing Home Act was enacted as a response to public concerns about the adequacy of state laws, regulation and oversight of the nursing home industry. 

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Who Protects the Patients?

The Missouri Board of Healing Arts falls short.

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Tort Reform Legislation is Unconsitutional
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Expert Witnesses

The Doctors’ Fraternity

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Medical Malpractice Statute of Limitations

Doctors and Hospitals Enjoy Shortened Statute of Limitations

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Tort Reform

Medical Malpractice Litigation Dramatically Reduced

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Collateral Source Rule

No Evidence of Insurance Allowed in Missouri Courts

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A Word About Auto Insurance

What you may not know about auto insurance

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Nursing Home Neglect/Abuse

Respecting and honoring our elders is a  core value instilled in all of us by our parents. It is one of the true  American moral standards.  But today's nursing home and rehabilitation industry routinely places a higher priority on profits than it puts on the care of the elderly.  As we might say, "Money talks."   The results are gut-wrenching cases where families are left to deal with the guilt after their parent or loved one is subjected to disgusting neglect, injury,  and disrespect. 

If you believe that you, a loved one or a friend or acquaintance has been neglected, abused or injured in the care of a nursing home or rehabilitation facility, contact us at once by calling (314) 726-5252 or (636) 916-3300 or clicking the "Call Me" button above so that we might promptly respond.  The ability to preserve evidence in such cases often is fleeting, so prompt reporting to us is crucial. Further, the statute of limitations deadline is short and the work required is significant and time-consuming, so do not delay. We stand ready to help you at the earliest possible time so as to preserve the rights of your loved one and family.

Nursing home neglect and abuse are at an all-time high statewide throughout Missouri and Illinois. ·The Rubin Law Firm has successfully litigated more than two dozen civil nursing home malpractice claims. ·We have achieved six-digit recoveries for our clients in more than 90 percent of those cases.

If you have a loved one, a friend or an acquaintance who has been neglected or abused in a nursing home or long-term care facility, do not complain to the facility and try to “work with them” until you have called us to evaluate the claim. ·This is because valuable time and evidence might be lost in the process. ·Further, any lawsuit would be brought by other family members and would never result in any infringement upon the care or comfort of the nursing home resident.

Why Bring a Case? At The Rubin Law Firm, we believe that it is critical to the long-term safety of nursing home residents in general that neglected and abused patients proceed with claims and, if necessary, lawsuits against nursing home operators. Civil litigation is the only effective regulatory mechanism with which to effect changes in the nursing home industry, which has a powerful lobby in the state legislatures.

elderly-handNursing home neglect or abuse is usually linked to understaffing by the nursing home operator, who is usually paying less than market rates to its employees while overloading their shifts with too many residents to take care of effectively.  Proper nursing care takes time, and sometimes two or three employees at the same time.

Why It Happens: The owner/operator is usually paid a fixed amount per patient per day, meaning that the only true way to increase revenues is to take more patients. Thereafter, the only way to increase profits is to cut expenses, the most significant of which is the cost of manpower. Thus, there is a powerful economic  incentive, built into the system, for owner/operators of nursing homes to try to accept as many residents as possible while using a minimum amount of employees to do so. The result, obviously, is short staffing, overworked employees, low wages and a very high rate of turnover, which leaves the staff always in flux, and as a whole, untrained, or at least inexperienced.

Who loses? Unfortunately, the helpless residents and their families are the losers.

What To Look For: The typical indicators of neglect or abuse of a nursing home resident include the following conditions:

  • Development of open decubitus ulcers (bed sores)
  • Fractures
  • Falls
  • Resident found in wet or dirty bed
  • Malnutrition and dehydration
  • Repeat infections and/or sepsis (blood-borne infection)
  • Excessive skin tears and bruising
  • Other trauma, bruising or body marks
  • Elopement
  • Fear expressed by the resident or otherwise evident

It is shameful what happens to some nursing home residents. Civil litigation is the only effective means to effect change to a nursing home industry that is coddled by State Legislatures and regulatory agencies and their employees. The States plainly do not have the money nor, apparently, the will to truly enforce the rights of the elderly residents of nursing homes.

We have interviewed hundreds of nursing home employees during the investigations of our cases, and almost without fail, these employees have told us of understaffing, obnoxious working conditions, and the fact that their complaints to management about care problems and risks to residents fall on deaf ears. This is because economics speak louder—in a word, to the nursing home industry, profits are more important than people. Do not let this happen to your father, mother, family members or friends.

What to do:  If you suspect neglect or abuse in a nursing home or long-term care facility, click the “Call me” button on this page or call us at (636) 916-3300 or (314) 726-5252.  We take these cases on a contingent fee basis resulting in no out-of-pocket cost to the client. 

This is important work because if we don’t do it, those in the long-term care facilities will be left without a voice, without protections, and in the hands of those who have no incentive to improve their care. At the Rubin Law Firm, we have the necessary experience, we know the law and we know how to take them on—we can win your case. Call us without delay as the statute of limitations is very short and any delay is ill-advised.

Illinois Nursing Home Care Act

In addition to common law medical malpractice claims, the Illinois Nursing Home Care Act (NHCA) authorizes nursing home residents to file a private cause of action against nursing home owners when a resident has been abused, neglected, or when any of the rights afforded to the resident under the NHCA have been violated. Only nursing home residents, their estates, or their appointed representatives may bring suit under the NHCA.  Family members of the resident have no standing to file suit against a nursing home for a violation of the NHCA.  Claims for violations of the NHCA may only be brought against the owner or licensee of the nursing home.  The owner is the individual or entity that owns the facility and the licensee is a person who leases the facility from the actual owner.  Therefore, the owner or the lessor can be sued under the NHCA.

Under the NHCA, the owner and licensee of the nursing home are liable to a resident for any intentional or negligent act or omission of their agents or employees which injures the resident.  This can include abuse, neglect, or a violation of a right afforded to a resident under the NHCA.  “Abuse” means any physical or mental injury or sexual assault inflicted on a resident other than by accidental means in a facility.  

Under the NHCA, “neglect” is defined as a facility’s failure to provide, or the willful withholding of, adequate medical care, mental health treatment, psychiatric rehabilitation, or personal care.  Neglect also includes the facility’s failure to assist with activities of daily living that are necessary to avoid physical harm, mental anguish, or mental illness of a resident. 

In an NHCA case, a plaintiff may recover actual damages (medical expenses, lost wages, and pain and suffering) as well as their attorney fees, from the Defendants.  Additionally, any monies recovered do not affect eligibility for state medical aid.  Currently, punitive damages cannot be recovered by a plaintiff, but the issue is on appeal to the Illinois Supreme Court.

All claims of abuse, neglect, or violations of rights afforded to residents under the NHCA  must be filed within two years. In some cases, claims for a decedent can be filed up to four years following their death under the Illinois Survival Act. 

If you believe that you or a loved one has been injured by a nursing home, contact us at once by calling us at (314) 726-5252 or (636) 916-3300, clicking the button above, or e-mailing us so that we might promptly respond.  The statute of limitations deadline is short and the work required is significant and time-consuming so do not delay.  We stand ready to help you at the earliest possible time so as to allow for the proper development of your case.