No human being—especially those that are infirm, elderly, and dependent upon others—should have to live in unsanitary or unsafe living conditions. Unfortunately, unsanitary living conditions in St. Louis nursing homes cause many residents to suffer needlessly.
Whether it is water that is not suitable for drinking, infestations of bugs or rodents, general lack of cleanliness or even overflowing toilets and exposure to human waste, these conditions present serious health risks. When it comes to helping an elderly or vulnerable resident combat these types of horrendous living situations, hiring a well-versed nursing home abuse lawyer to advocate on their behalf is likely your best move.
Proving Negligence Unsanitary Living Conditions
Many nursing home cases are built upon the legal precept of negligence. Long-term care facilities generally have a duty to provide an appropriate and safe living conditions for all the residents who are entrusted to their care.
Unsanitary living conditions in St. Louis nursing homes may cause disease, infections, pain, discomfort, emotional distress, mental anguish, and other physical problems. In some cases, these poor conditions may even lead to death.
Once a resident is placed in the nursing home, a nursing home has the duty to provide quality care to each resident. When nursing homes and their staff do not act or treat their residents in a manner that meets reasonable expectations or is consistent with the care provided at other similar facilities, it could be considered a breach of duty and therefore evidence of potential negligence.
While such negligence violates both state laws and the rights of Missouri nursing home residents, as per 19 Missouri Code of State Regulations 30-88.010, it must also directly cause injury and result in compensable damages to a resident or their family for a civil claim to be successful.
When to File an Unsanitary Living Conditions Lawsuit
Anyone who considers filing a lawsuit based on unsanitary living conditions in St. Louis long-term care facilities needs to be aware of the statute of limitations applicable to such cases. Since Missouri determines that just about every injury that happens to a resident while living in a nursing home is considered medical malpractice, it is critical to realize that any lawsuit arising out of unsanitary living conditions in a nursing home likely needs to be filed within the medical malpractice statute of limitations which is two years from the date of the negligent conduct.
Plaintiffs are generally more successful with their claim when the court can review well-preserved evidence to reach a decision. As time passes, evidence can be lost or damaged. Furthermore, a person’s memory may fade, and their account of the incident could be less exact. The sooner a victim in a nursing home or their family can reach out to a qualified lawyer, the quicker evidence generally is collected and preserved.
Hold St. Louis Nursing Homes Accountable for Unsanitary Living Conditions
St. Louis long-term care facilities are supposed to be places of care, compassion, and respite. When they become unsafe, owners, administrators, and staff should be held accountable.
You should consider filing a lawsuit if you or a loved one suffered from unsanitary living conditions in St. Louis nursing homes and were injured as a result. Schedule an appointment with a compassionate attorney today and start working to develop a comprehensive legal strategy.