Carmel Nursing Home Abuse Lawyer

Nursing home abuse and neglect have become alarming issues in Carmel, Indiana, and across the country. The consequences for elderly residents can be devastating, leading to serious injuries or even wrongful death.

Family members who suspect their loved ones are being abused or neglected in a Carmel nursing home have legal options to hold responsible parties accountable and seek justice. 

Working with an experienced Carmel nursing home abuse lawyer can help you navigate the process of filing nursing home abuse lawsuits, reviewing medical records, and ensuring abuse victims get the compensation they deserve.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to helping victims of nursing home abuse secure the justice and compensation they deserve. Our skilled legal team has a strong history of managing nursing home abuse cases with care and securing substantial settlements and verdicts for our clients.

We thoroughly investigate each case to ensure that all forms of abuse, including medical costs, emotional suffering, and other damages, are properly addressed. With extensive experience in handling nursing home abuse claims, we effectively manage the legal process and work relentlessly to defend your rights.

Throughout your case, we provide compassionate, clear guidance, ensuring you and your family remain informed, protected, and confident.

Types of Cases Handled by Our Carmel Nursing Home Abuse Lawyers

Nursing home abuse refers to any intentional or negligent act by nursing home staff or other residents that causes harm or distress to a nursing home resident. Abuse can take many forms, each with severe consequences for the victim. 

Our Carmel nursing home abuse lawyers handle a wide variety of abuse cases, ensuring that victims and their families receive justice and compensation.

Physical Abuse

Physical abuse occurs when nursing home staff members or other residents intentionally cause bodily harm to a resident. This assault can include hitting, slapping, or misusing restraints.

Mental and Emotional Abuse

Mental and emotional abuse involves actions that cause psychological harm, such as threats, intimidation, or verbal assaults.

Sexual Abuse

Sexual abuse in nursing homes is a tragic and horrifying form of abuse. This misconduct includes any non-consensual sexual contact between a resident and staff, other residents, or visitors.

Medical Malpractice

Medical malpractice in nursing homes happens when staff fail to provide the appropriate standard of medical care, leading to harm. Common examples include bedsores, medication errors, or failure to provide timely medical attention.

Negligence

Negligence occurs when nursing home staff fail to meet basic standards of care, putting residents at risk. This inadequate care includes poor hygiene, malnutrition, dehydration, or failure to monitor residents, resulting in elopement (wandering off from the facility).

Financial Abuse

Financial abuse involves the exploitation of nursing home residents for economic gain. Financial exploitation can happen when staff members or others gain access to a resident’s personal finances, bank accounts, or property without permission.

Wrongful Death

In some cases, abuse or neglect in a nursing home can lead to the tragic and preventable death of a resident. Wrongful death claims arise when nursing home staff fail to provide the necessary care, resulting in fatal injuries or health complications. Families may seek justice through a wrongful death lawsuit to hold the responsible parties accountable for their loved one’s death.

Understanding Your Legal Rights

Federal and state laws protect nursing home residents and are designed to ensure their safety, dignity, and well-being.

One of the most important federal laws protecting nursing home residents is the Nursing Home Reform Act of 1987. This legislation requires nursing homes that receive Medicare or Medicaid funding to provide a certain level of care, granting residents the right to participate in their care decisions and be free from abuse, neglect, exploitation, and inadequate care.

In addition to federal laws, Indiana has its own regulations governing nursing home care, which the Indiana State Department of Health oversees. These laws mandate staffing levels, hygiene, safety, and medical care standards within the facilities.

Eligibility to File a Claim 

When nursing home neglect or abuse occurs, the nursing home residents themselves, if capable, can initiate legal action. A family member or legal guardian may also file claims on behalf of their loved one. Additionally, in a wrongful death case, the resident’s surviving family may pursue a wrongful death lawsuit to seek justice and compensation for their loss.

Liability in Nursing Home Neglect and Abuse Cases 

In nursing home abuse and neglect cases, multiple parties may be held accountable for failing to ensure the safety and well-being of residents. Holding all responsible parties accountable is crucial to seeking justice for nursing home abuse victims and preventing future incidents.

• Nursing Home Facility: The nursing home facility is often the primary party responsible for abuse or neglect. If the facility fails to provide adequate training, hire qualified staff, or maintain proper oversight of operations, it can be held liable for any harm that comes to its residents.
• Nursing Home Management: The management team, including administrators and supervisors, can also be liable if they fail to enforce proper policies and procedures or ignore signs of abuse. If management is aware of abuse or neglect but fails to act, they can be held responsible for allowing the abuse to continue unchecked.
• Individual Staff Members: Nursing home staff members who directly engage in abusive behavior or neglect residents are personally liable for their actions. This includes caregivers and other employees who physically or emotionally harm residents or fail to provide proper care, leading to injuries or worsening medical conditions.
• Medical Professionals: Doctors, nurses, and other medical professionals working in the facility can be held liable for medical malpractice, such as failing to diagnose or treat medical conditions properly, prescribing incorrect medications, or neglecting to follow up on residents’ health issues.
• Third-Party Contractors: In some cases, third-party contractors, such as maintenance workers or vendors, can also be held liable if their negligence contributes to an unsafe environment or abuse. For example, if a contractor fails to properly maintain medical equipment, leading to injury, they may share liability in the personal injury claim.

How Our Carmel Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our team of experienced Carmel nursing home abuse lawyers is dedicated to fighting for the rights of personal injury victims and their families. Our law firm has extensive experience handling nursing home neglect and abuse cases and will guide you through the legal process, ensuring you receive justice and fair compensation.

Free Case Evaluation

We start by offering a free consultation to discuss your case and review the details of the abuse or neglect. Our attorneys will listen to your concerns during this evaluation, review any available evidence, and explain your legal options.

Case Investigation

Our team conducts a thorough investigation into the allegations of nursing home abuse. We gather critical evidence, including personal medical records, witness statements, and facility reports, to build a strong case.

Filing the Claim

Once we have gathered sufficient evidence, we proceed by filing a formal nursing home abuse claim on behalf of the victim or their family. Our attorneys ensure that the claim is filed within the appropriate time frame, in accordance with Indiana laws, and includes all necessary documentation to support your case.

Settlement Negotiation

Many nursing home neglect cases are resolved through settlement negotiations. Our experienced lawyers will negotiate with the nursing home’s legal team and insurance companies to secure a fair settlement covering all the damages the victim suffered.

Trial Representation 

If a fair settlement cannot be reached, our team will present a compelling case before a judge or jury, using the evidence we’ve gathered to demonstrate the nursing home’s negligence and abuse. Our trial attorneys have a proven track record of success in securing favorable verdicts for our clients, ensuring that responsible parties are held accountable.

Common Signs of Elder Abuse Among Nursing Home Residents 

In Carmel, Indiana, there are 90 Medicare-approved nursing homes. Of these, 47 facilities (52%) have an overall score of below or much below average. Specifically, 55 nursing homes (61%) fall short in health inspections, and 67 facilities (74%) have inadequate staffing levels. Additionally, four nursing homes (4%) rated poorly in quality measures. [1]

The worst-rated nursing homes in Carmel include:

Recognizing the signs of elder abuse in assisted living facilities is critical for family members and caregivers to ensure the safety and well-being of their loved ones. Below are some common signs of abuse and neglect to watch for:

• Unexplained physical injuries, such as bruises, cuts, or broken bones;
• Sudden changes in a resident’s behavior, such as withdrawal from social activities, increased anxiety, or signs of depression;
• Poor personal hygiene or unsanitary living conditions;
• Malnutrition or dehydration;
• Bedsores (pressure ulcers);
• Financial irregularities or missing personal belongings;
• Fear of staff members;
• Untreated infections, worsening chronic conditions, or medication errors;
• Sudden death.

What to Do If You Suspect Nursing Home Abuse

If you suspect that your loved one is a victim of nursing home abuse, it’s important to act quickly to protect them and hold the responsible parties accountable. Here are the essential steps to take:

• Call 911 if There is Immediate Danger: If your loved one is in immediate physical danger or has suffered a serious injury, contact 911 right away. Emergency services can ensure that they receive necessary medical attention and are removed from a harmful situation.
• Report to the Nursing Home Administrator or Management: Once the immediate threat has passed, report the suspected abuse to the nursing home’s administrator or management. Document your concerns and ask for an investigation. The facility is legally required to address abuse and neglect allegations. Keep records of any communications you have with management regarding the complaint.
• File a Complaint with Your Local Ombudsman’s Office: The Ombudsman’s office is a resource designed to investigate and resolve complaints about nursing home facilities. They serve as advocates for nursing home residents and can intervene in cases of abuse or neglect. By filing a formal complaint, you initiate an official investigation into the facility’s practices and ensure that regulatory agencies are aware of the issue.
• Contact a Nursing Home Abuse Lawyer: It’s crucial to consult an experienced nursing home neglect lawyer to explore your legal options. A lawyer can help you gather evidence, understand your rights, and pursue a nursing home abuse lawsuit. They will work to hold the responsible parties accountable and seek compensation for your loved one’s injuries, medical expenses, and emotional suffering.

Damages You Can Recover Through a Nursing Home Abuse Claim

Filing a nursing home abuse claim can help victims and their families seek compensation for the harm caused. Below is an overview of the types of compensation available.

Economic damages cover the tangible, out-of-pocket costs associated with the abuse or neglect. Examples include:

• Medical expenses
• Relocation costs
• Funeral costs

Non-economic damages are awarded to compensate for the emotional and psychological toll that nursing home abuse takes on victims and their families. Examples include:

• Pain and suffering
• Emotional trauma
• Loss of enjoyment of life

Punitive damages may be awarded in cases of egregious abuse or neglect to punish those liable and deter future misconduct.

The Cost of Hiring Our Carmel Nursing Home Abuse Lawyers 

At Nursing Home Law Center, we understand that the financial burden of legal action can be concerning for many families. That’s why our Carmel nursing home lawyers work on a contingency fee basis. This structure means that you pay no upfront costs or legal fees unless we successfully recover compensation for you.

You Have Limited Time to Take Legal Action in Carmel

If you suspect that your loved one has been a victim of nursing home abuse, it’s important to act quickly due to the statute of limitations. In Carmel, as in the rest of Indiana, victims or their families have two years from the date of the abuse or discovery of the abuse to take legal action. Failing to file within this timeframe could result in losing your right to seek compensation.

Contact a Carmel Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our experienced team of Carmel nursing home abuse lawyers is dedicated to fighting for the rights of nursing home residents and their families. With a proven track record of handling abuse and neglect cases, we work tirelessly to hold responsible parties accountable and secure the compensation victims deserve.

Call us at (800) 926-7565 or fill out our contact form.

References: [1] Medicare