Missoula, MontanaMissoula Nursing Home Abuse
Missoula Nursing Home Abuse Lawyers: Neglect, Bedsores, Falls and Elder Abuse in Missoula County Care Facilities
Boland Aarab PLLP.
If a parent or grandparent was neglected or abused in a Missoula nursing home or assisted living facility, you can report it locally today and you may have a legal claim. Claims against a licensed nursing home usually must be filed within 2 years and go to the Montana Medical Legal Panel first. The first step is making sure your loved one is safe.
Key Takeaways
- If someone is in danger, call 911. To report suspected abuse or neglect, call Montana Adult Protective Services at 1-844-277-9300 (DPHHS).
- Missoula’s local long-term care ombudsmen work out of Missoula Aging Services, 337 Stephens Avenue, (406) 728-7682 (Missoula Aging Services).
- Negligent-care claims against a licensed nursing home generally must be filed within 2 years and usually go to the Medical Legal Panel; assisted living facilities are excluded from the panel (§§ 27-2-205, 27-6-103, MCA).
Concerned about a loved one’s care in a Missoula facility? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Who can help locally when a Missoula resident is being neglected?
Missoula serves as the long-term care center for much of western Montana. Families from the Bitterroot, Mineral County, the Seeley-Swan and the Flathead Reservation often place loved ones in Missoula facilities because that is where the beds and the specialized care are. That means the family is often an hour or more away, and problems can go unnoticed between visits.
Local resources that can act quickly:
- The local ombudsman. Missoula Aging Services, the Area Agency on Aging for the county, houses local long-term care ombudsmen who advocate for residents of nursing homes and assisted living facilities and can take confidential concerns (Missoula Aging Services). The state ombudsman is at (800) 332-2272.
- Adult Protective Services investigates suspected abuse, neglect and exploitation of vulnerable adults: 1-844-277-9300.
- Law enforcement. Physical or sexual abuse, or theft, can be reported to the Missoula Police Department inside the city or the Missoula County Sheriff’s Office outside it.
- The state licensing agency. DPHHS licenses and inspects Montana facilities and takes complaints.
What warning signs should Missoula families watch for?
The signs of neglect are the same everywhere, but some risks are sharper in western Montana:
- Pressure injuries (bedsores), weight loss and dehydration, which point to missed repositioning, feeding help and fluids.
- Falls, especially at night and in winter, when residents may try to get up without help. A fall that causes a hip fracture or head injury needs a hard look at the care plan.
- Wildfire smoke and winter inversions. Missoula’s air can be unhealthy for days during fire season, and winter inversions trap pollution near the valley floor (Missoula Public Health). Residents with lung and heart conditions depend on staff to keep indoor air clean and watch for breathing problems.
- Heat. Older buildings without adequate cooling put frail residents at risk during summer heat waves.
- Staffing shortages, which western Montana health care employers have openly struggled with. Short staffing is not a legal defense to neglect, and it can be evidence of it.
- Hospital transfers. Frequent trips to Providence St. Patrick Hospital or Community Medical Center for infections, falls or dehydration can be a pattern worth investigating.
What happens after nursing home neglect in Missoula?
- Make sure your loved one is safe, including moving them or requesting a hospital evaluation if needed.
- Report it to APS, the ombudsman and, for crimes, law enforcement.
- Document everything: photos of injuries, the dates and names of staff you spoke with, and any written responses.
- Request the records, including the chart, care plan, medication administration records and incident reports. Facilities that take Medicare or Medicaid must report suspected abuse involving serious injury within 2 hours (42 C.F.R. § 483.12).
- The claim. A claim against a licensed nursing home usually goes first to the Medical Legal Panel, and then, if needed, to the Fourth Judicial District Court at the Missoula County Courthouse, 200 West Broadway (Missoula County District Court). Many facilities are owned by out-of-state companies, so a case may be moved to the Missoula Division of the federal court at the Russell Smith Federal Courthouse (U.S. District Court, Missoula).
Montana law that applies
- Deadline and panel: generally 2 years for negligent care by a licensed nursing home, with the panel first (§ 27-2-205, MCA). Assisted living claims are not panel claims (§ 27-6-103, MCA).
- Arbitration: a nursing home cannot require an arbitration agreement as a condition of admission (42 C.F.R. § 483.70). If you signed one, we will review it.
For more, see our Montana nursing home abuse lawyer page.
Why hire a Great Falls firm for a Missoula case?
We are based in Great Falls and handle nursing home cases statewide. Many Missoula families already live elsewhere in Montana, and we are used to working with relatives in different towns. Our attorneys travel to Missoula for record reviews, depositions, panel hearings and trial, and we keep families updated by phone and video.
The Boland Aarab Way
- We hold institutions accountable. We obtained a $550,000 civil-rights and wrongful-death settlement in Estate of Alexander v. Cascade County.
- We try cases. Our firm has tried more than a dozen jury trials, and our attorneys have spent more than 4,000 hours in the courtroom.
- We know federal court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years.
- We are part of the trial bar. Both attorneys belong to AAJ and the Montana Trial Lawyers Association.
We also handle Missoula wrongful death and Missoula medical malpractice cases, and other Missoula personal injury claims.
Frequently Asked Questions
Who do I call in Missoula if I think my mother is being neglected? Call 911 for emergencies, Adult Protective Services at 1-844-277-9300, and the local ombudsman at Missoula Aging Services, (406) 728-7682.
My father is in a Missoula facility but I live in Hamilton. Can I still bring a claim? Yes. The claim belongs to your father, or to his estate, and a family member with legal authority can pursue it wherever they live.
Is assisted living treated the same as a nursing home? Not for the Medical Legal Panel. Assisted living facilities are excluded from the panel, which can change the deadline and the process.
Does wildfire smoke affect nursing home duties? Facilities must provide care that meets each resident’s needs. For residents with breathing conditions, that includes responding to poor air quality.
Where would a Missoula nursing home case be heard? Usually in the Fourth Judicial District Court at the Missoula County Courthouse, after any required panel review, unless it is moved to federal court.
Talk to a Missoula Nursing Home Abuse Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
