When a family makes the difficult decision to move a parent or grandparent into a nursing home or long term care facility, they are placing their loved one’s safety and dignity in the hands of strangers. Most facilities work hard to provide good care. But too many cut corners on staffing, supervision, training, and basic safety, and residents suffer the consequences. Pressure ulcers go untreated until they become bone deep. Falls happen because no one answered the call light. Medications are missed or doubled. Bruises and unexplained injuries appear. Residents lose weight, become withdrawn, or seem afraid of certain staff.
If you suspect that a loved one in a St. Louis area nursing home or assisted living facility has been abused or neglected, you have the right to demand answers and pursue accountability. Call Kevin Etzkorn Law at (314) 987-0009 today for a free, confidential consultation, or contact our office online. Kevin Etzkorn has more than two decades of trial experience and is dedicated to protecting elderly Missourians and their families. There is no fee unless we win.
Many residents are unable or afraid to report what is happening to them. Cognitive impairment, fear of retaliation, dependence on staff for basic needs, and isolation from family all keep abuse hidden. Loved ones often have to be the eyes and ears of vulnerable residents, watching for warning signs and asking pointed questions.
Neglect is the failure to provide care that the resident needs and that the facility has agreed to provide. Common signs include:
Abuse is the intentional infliction of harm. Warning signs include:
The federal Centers for Medicare and Medicaid Services Care Compare tool publishes inspection reports, complaint histories, and quality ratings for nursing homes nationwide and is a useful starting point when researching a specific St. Louis area facility.
Nursing home residents are protected by an extensive body of federal and state law. The federal Nursing Home Reform Act, passed as part of the Omnibus Budget Reconciliation Act of 1987, sets minimum care standards for any facility that participates in Medicare or Medicaid, which includes the vast majority of facilities in Missouri. Missouri’s Omnibus Nursing Home Act, Chapter 198 of the Missouri Revised Statutes, provides additional state level protections and licensing requirements.
Residents have the right to be free from physical, sexual, mental, and financial abuse, as well as from corporal punishment, involuntary seclusion, and chemical or physical restraints used for staff convenience rather than medical necessity.
Residents have the right to a comprehensive care plan tailored to their individual needs, to receive the care described in that plan, and to refuse treatment. They have the right to assistance with activities of daily living, to clean linens, to nutritious food, and to a safe environment.
Residents have the right to be treated with dignity and respect, to privacy in their rooms and during care, to participate in decisions about their care, to access their medical records, and to communicate freely with family, friends, and outside organizations.
When a facility violates these rights and harm results, our firm pursues accountability through Missouri’s civil court system.
Nursing home harm rarely happens because one bad employee made one bad decision. It is almost always the result of broader operational failures.
Inadequate staffing is the single most common cause of nursing home neglect. When there are too few aides on a unit, call lights go unanswered, residents are not turned and repositioned, hygiene suffers, and falls increase. Many facilities cut staff to maximize profit margins, with predictable consequences for residents.
New aides and nurses are sometimes given minimal training before being placed in charge of medically complex residents. Mistakes in medication administration, transfer technique, wound care, and infection control are foreseeable when training is rushed.
Frontline staff need ongoing supervision from charge nurses, directors of nursing, and administrators. Without it, problem behaviors go unchecked and quality declines.
Some abuse cases involve employees with prior disciplinary history, criminal records, or known performance problems who should never have been hired or should have been terminated. We investigate hiring records and personnel files in every case.
When facility wide policies on falls, pressure ulcers, infection control, and medication administration are inadequate or not enforced, harm is foreseeable. Corporate level liability often follows.
For broader discussion of how we approach high stakes injury litigation, you can review our St. Louis personal injury page.
The injuries we see most often in nursing home cases include:
Stage III and Stage IV pressure ulcers, sometimes reaching bone, are almost always preventable with proper repositioning, nutrition, and skin care. When they appear in a nursing home resident, they are a strong indicator of substandard care.
Hip fractures, head injuries, spinal injuries, and traumatic brain injuries from falls are common, particularly in residents who should have been placed on fall precautions but were not.
Urinary tract infections, pneumonia, and wound infections that go unrecognized or untreated can progress to sepsis, which is often fatal in elderly residents.
Wrong drug, wrong dose, missed dose, and dangerous interactions can cause serious harm. These cases often overlap with our St. Louis prescription error practice.
When neglect or abuse leads to a resident’s death, the family may pursue a wrongful death claim under Missouri law for the loss they have suffered.
Nursing home cases require careful investigation and strong evidence. Our process generally looks like this.
We start by obtaining the complete chart, including nursing notes, medication administration records, care plans, fall logs, wound care notes, and incident reports. We also pull state inspection reports, complaint histories, and any available surveillance footage. Many of these cases are won or lost in the records.
We work with nursing experts, geriatricians, wound care specialists, and other professionals to evaluate the standard of care and identify deviations.
Liability often extends beyond the facility to corporate parents, management companies, and individual administrators. Insurance coverage may include facility policies, umbrella coverage, and corporate level coverage. We work to identify every available source of recovery.
Many cases settle, but only at fair value. When facilities and their insurers refuse to be reasonable, we file suit and try the case. Kevin Etzkorn’s record of multi-million dollar trial results gives the firm credibility at the negotiating table that volume firms cannot match. You can read more about Kevin’s trial experience and credentials on the firm’s about page.
Missouri law allows recovery of:
Punitive style damages can be particularly significant in cases involving repeat violations, falsified records, or corporate decisions to cut staffing for profit.
Nursing home cases require sensitivity, thoroughness, and a willingness to fight. The corporate operators behind many large facilities are well represented and well funded. They will not pay full value unless they believe the plaintiff is prepared to take the case to a jury.
Kevin Etzkorn brings more than twenty years of Missouri trial experience, recognition as a Super Lawyer, and selection among Top 100 High Stakes Litigators. He is a St. Louis native who knows the local courts and has built a record of multi-million dollar results. We are intentionally a small firm so we can give each case and each family the time they deserve.
We accept these cases on contingency. There is no fee to talk with us. There is no fee unless we win.
Nursing homes in St. Louis have a reputation for abusing and neglecting their residents. Each year, the Nursing Homes Abuse Advocate publishes a national watchlist of nursing homes with histories of abuse and neglect. Their list of nursing homes in St. Louis is extensive, amounting to 57 nursing homes in the greater St. Louis area with documented abuse and neglect. If you or a loved one is currently residing at one of these nursing homes, contact us immediately. To view the watchlist, click the dropdown below.
Watch for unexplained injuries, weight loss, pressure ulcers, hygiene problems, behavior changes, and any reluctance by staff to answer questions about a resident’s care. Request the chart, ask specific questions about care plans and incidents, and consult an attorney if your concerns are not adequately addressed.
Missouri’s general personal injury statute of limitations is five years, with shorter periods for some specific theories such as medical negligence and wrongful death. Because evidence and chart records can disappear or be altered, you should not wait until the deadline approaches to consult an attorney.
Many facilities ask families to sign arbitration agreements at admission, but those agreements are not always enforceable, particularly when the resident lacked capacity, the agreement was not properly explained, or the conduct involved is outside the scope of the agreement. We review the admission paperwork carefully and challenge agreements that should not bind your family.
Most cases proceed through the legal system without families having to directly confront individual staff. Depositions and trial may require some involvement, but we prepare you thoroughly and protect you throughout the process.
Your loved one deserves dignity, safety, and competent care, and your family deserves answers when those things are not provided. Call Kevin Etzkorn Law at (314) 987-0009 or contact our St. Louis office online to schedule a free, confidential consultation. Our office is located at 231 S. Bemiston Ave, Suite 250 in Clayton, and we represent residents and their families throughout the City of St. Louis, St. Louis County, St. Charles, Jefferson County, and the surrounding region. It costs nothing to call, and we only get paid if we win.
As an award-winning St. Louis nursing home abuse lawyer, we are proud to showcase our recent case outcomes, demonstrating our unwavering commitment to justice for victims of nursing home abuse.
In this case, we filed suit against a nursing home after one of its residents jumped out of a window, resulting in catastrophic injuries. The resident had been left alone in violation of the facility’s standards. We were able to settle this case early, before substantial discovery. The amount was confidential.
Confidential settlement of wrongful death case against nursing home when 84-year-old woman fell walking to a bathroom, sustained numerous broken bones, and subsequently died from an infectious process. Case settled after we located an ex-employee of the hospital who gave evidence of inadequate staffing and training as well as major discrepancies in the records.