Legal Question in Elder Law in Missouri

Elder Neglect??

My mother is a res. in a SKF. She fell on a Fri approx 8:30 PM, trying to get into bed and broke 2 bones in arm, one puncturing the skin and a band aid was applied. Facility called grandson w/DPOA and left msg. on recorder. Mother asked that local daughter be called and nurse refused. Dtr was cld by nurse on next shift and told her arm was broken & mother was sent to hospital. She had only been back @ facility for several days after having been hospitalized w/pneumonia & was extremely weak. Upon her return from hospital, she was allowed to sit alone in bed w/hospital gown and wet diaper and linens for 4 hrs. because only 1 nurse knew she was back. 2 days prior to fall, she was assisted while just sitting in wheel chair because she was wobbly.

We had a family care plan mtg. & I voiced my questions & concerns & stated that she had recd crappy care. After return from surgery, mother was babbling & out of her head.

Facility played w/adjusting pain meds. to try to correct problem. My sister & I spoke w/mothers doctor who immediately re-admitted her to hosp. She had a UTI and had spread to bloodstream. Hosp. documented an encrustment on her bottom.

Facility sd more prob & she was out of there.


Asked on 6/16/06, 9:00 pm

1 Answer from Attorneys

Joseph Burcke Joseph R. Burcke, Attorney at Law

Re: Elder Neglect??

Injuries through lack of attention are a major problem arising out of inadequate staffing at asisted living facilities. Some facilities use the threat of eviction as a way to restrin family complaints. Based upon the facts you relate your mother does have a case against the facility. If you would like help in formulating a claim, I will be happy to help. Please contact me directly if you would like me to represent your family in this matter.

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Answered on 6/18/06, 8:26 am


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