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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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Adult Abuse Act/Child Protection Orders Act

The Adult Abuse Act and the Child Protection Orders Act allows a person to quickly and easily obtain an ex parte (without the other party present) Order of Protection against an individual by simply making sworn allegations of abuse against them. The stigma attached to losing one of these cases is great. Hiring a skilled attorney is your best chance at saving your reputation.

Often the first notice an individual will have that such an action has been filed against them is when law enforcement serves them with the ex parte Order of Protection. The Order usually will immediately restrain the person from having any contact with the person filing the action or their children and will command them to appear at a hearing. The worst thing you can do for yourself is to show up at this hearing without an attorney. In most cases the trial is held on the same day you are summoned to Court. Do not show up thinking that you will be able to tell the judge that you need time to hire a lawyer--your request might not be granted.

Many of these cases are filed without the aid of a lawyer. Having an attorney present to defend you will give your case a huge advantage over an unrepresented individual. Alternatively, the worst-case scenario for you could occur--the Petitioner brings a lawyer and you do not. The lawyer will easily be able to train his or her client to say what needs to be said to obtain an order against you. 

The Adult Abuse/Child Protection dockets in this area are very crowded. As a result, judges are eager to get as many cases as possible disposed of in a summary manner. Respondents are frequently told that when their name is called they have two choices: 1) To have a trial, or 2) Sign a consent judgment that "does not require you to admit any of the allegations in the petition." While these instructions may be technically correct, they do not fully advise individuals of the consequences that will result. Instead, Respondents feel that its easier to just sign a judgment agreeing to cease contact with the Petitioner rather than have a trial and air the "dirty laundry" in front of the judge and everyone else in the courtroom. 

When you sign a consent judgment, the outcome of the case will be posted on Case.Net, making it public and easily-accessible information you have been accussed of being an Adult Abuser or Stalker and that a judgment has been entered against you. Information on your case will be available for years simply by searching for your name on the Case.Net website. Try explaining to a significant other or prospective employer that you signed a consent judgment to make things easy but "you never admitted any of the allegations against you." No one is going to listen to you explain your side of the story during a job interview and being labled an abuser or stalker will probably also cause you future problems in your social life. 

It is important to defend every case. You have nothing to gain and everything to lose by consenting to a judgment against you. If you have been served with an Order of Protection, call us immediately at (636) 916-3300 or (314) 726-5252.