What We Handle
Nursing Home Abuse & Neglect
When a facility fails the people in its care.
What nursing home abuse & neglect actually means
Nursing home abuse and neglect cases arise when long-term care facilities — nursing homes, assisted living centers, memory care units — fail to provide the standard of care their residents are entitled to. Missouri RSMo Chapter 198 specifically protects nursing home residents from abuse and neglect.
Abuse can be physical, emotional, sexual, or financial. Neglect includes failure to provide adequate nutrition, hydration, medication, hygiene, or supervision — leading to preventable conditions like bedsores, falls, infections, and malnutrition.
What it takes to have a case
1. Duty
Nursing homes accept a duty of care when they admit a resident. This includes providing adequate staffing, proper medical care, nutrition, hygiene, supervision, and a safe environment.
2. Breach
Understaffing, failure to follow care plans, inadequate training, improper use of restraints, medication errors, or ignoring signs of declining health all constitute breaches.
3. Causation
The facility's failure must have directly caused or contributed to the resident's injury — bedsores from inadequate repositioning, falls from insufficient supervision, infections from poor hygiene.
4. Damages
Physical injury, pain and suffering, medical costs for treating preventable conditions, emotional distress, and in cases of willful or reckless conduct, punitive damages.
What we handle within nursing home abuse & neglect
Every situation is different. Here are the most common types we see.
Physical Abuse
Hitting, improper restraints, rough handling, or excessive force by staff.
Neglect
Failure to feed, bathe, medicate, reposition, or supervise — leading to preventable harm.
Bedsores / Pressure Ulcers
Preventable skin breakdown from failure to reposition immobile residents.
Falls
Preventable falls from inadequate supervision, unaddressed hazards, or medication side effects.
Financial Exploitation
Theft, unauthorized use of funds, or coercion involving a resident's finances.
Medication Errors
Wrong medications, missed doses, or failure to monitor side effects in elderly residents.
Missouri vs. Kansas: the rules that matter
Kansas City straddles the state line. Which state's law applies depends on where the incident occurred.
Missouri
- •Statute of limitations: 5 years for negligence/abuse — RSMo § 516.120
- •Missouri RSMo Chapter 198 — statutory protections for nursing home residents
- •Punitive damages available for willful or reckless conduct
- •Report abuse: Missouri DHSS — 1-800-392-0210
Kansas
- •Statute of limitations: 2 years — KSA § 60-513
- •Kansas Adult Protective Services Act applies
- •Modified comparative fault — 50% bar — KSA § 60-258a
Not sure which state's rules apply? Tell us where it happened →
What an investigation looks like
Initial conversation — Free. We listen to the family's concerns and assess what signs point to abuse or neglect.
Records collection — Medical records, care plans, staffing logs, incident reports, state inspection reports, and facility complaint history.
Expert review — Geriatric medicine specialists and nursing standards experts review whether the facility met accepted standards of care.
Regulatory review — State inspection reports, deficiency citations, and prior complaints filed with DHSS.
Demand or filing — Pre-suit demand to the facility and its insurer; petition filed if necessary.
Resolution — Settlement, mediation, or trial. Cases involving patterns of neglect often reveal systemic issues across the facility.
What it costs
Yonke Law works on a contingency basis. There is no fee unless we recover compensation for you. The percentage is agreed in writing before any work begins. Your initial consultation is always free. No hourly rates. No retainers. No surprise bills.
What a nursing home abuse & neglect case is actually worth
There's no honest one-line answer. Value depends on the facts of your situation.
Economic Damages
- •Medical expenses for treating preventable injuries
- •Costs of transfer to adequate facility
- •Past and future care needs
Non-Economic Damages
- •Pain and suffering
- •Emotional distress
- •Loss of dignity
- •Punitive damages in cases of willful conduct
A consultation gives you a real assessment based on your situation — not a stock answer.
Who You'll Work With
Michael T. Yonke
AV Preeminent rated. Experienced in institutional negligence, elder abuse litigation, and regulatory compliance cases.
Mike founded Yonke Law in 2001 after years of seeing how large firms treated the people they were supposed to protect. Every case at Yonke Law is handled directly by Mike and his team — not passed to associates or outsourced to contract attorneys.
When it comes to nursing home abuse & neglect, Mike brings decades of focused trial experience, a network of trusted medical and technical experts, and a straightforward approach: understand the facts, build the case, and prepare for trial even if the goal is settlement.
More about Mike and the team →Common questions
What if my parent can't tell me what happened?
Many nursing home residents have cognitive impairments. Physical signs (unexplained bruises, bedsores, weight loss, dehydration) and medical records can establish what occurred without the resident's testimony.
Can the facility retaliate against us for complaining?
Retaliation against residents or families for filing complaints is prohibited by law. Document everything and report any retaliatory conduct to the state.
What's the difference between abuse and neglect?
Abuse is an intentional act — hitting, restraining, exploiting. Neglect is a failure to act — not feeding, not medicating, not supervising. Both are actionable.
How do I report nursing home abuse in Missouri?
Contact the Missouri Department of Health and Senior Services at 1-800-392-0210. Reports can also be filed online.
Can I sue for punitive damages?
Yes, in cases where the facility's conduct was willful, wanton, or reckless — not just negligent. Punitive damages are designed to punish and deter.
Printable
Personal Injury Checklist
Essential steps to protect your health, your rights, and your claim. Covers what to gather, who to contact, and the deadlines that matter for your nursing home abuse & neglect case.
Download the checklist (PDF) ↓Or — Walk Through It Digitally
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Free consultation. No fee unless we recover.
