Indiana Nursing Home Abuse Lawyer

Indiana nursing homes are designed to provide care and support for elderly patients and those who need assistance with daily living. Unfortunately, not all facilities deliver the proper care that residents deserve. Many nursing home patients experience abuse, neglect, or substandard care that can lead to serious injuries, declining health, or even death.

If you or a family member has been affected by nursing home abuse or neglect, it is important to contact an experienced Indiana nursing home abuse lawyer.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to obtaining justice and fair compensation for individuals affected by Indiana nursing home neglect or abuse. Our seasoned legal team has a strong history of managing nursing home abuse cases with care and securing substantial settlements and verdicts for our clients.

We leave no stone unturned in our investigations, ensuring that all areas of abuse—such as medical costs, emotional distress, and other damages—are thoroughly addressed. With our extensive knowledge of personal injury claims, we precisely handle the intricacies of nursing home abuse and work relentlessly to safeguard your rights.

Throughout the legal process, we offer compassionate guidance and clear communication, ensuring that you and your loved ones remain informed, protected, and confident at every stage.

Types of Cases Handled by Our Indiana Nursing Home Abuse Lawyers

Nursing home abuse refers to any intentional harm or neglect inflicted on residents in a nursing home or assisted living facility. This abuse can take many forms, all of which can cause physical injuries, emotional trauma, and even death. Our Indiana nursing home abuse attorneys handle a wide range of cases to protect residents and hold negligent facilities accountable.

Physical Abuse

Physical abuse involves intentionally causing bodily harm to nursing home residents. This assault can include hitting, shoving, or improper use of restraints. 

For instance, some assisted living facilities may use physical restraints like belts or straps without medical necessity, causing harm and restricting residents’ freedom. These actions can lead to broken bones, bruises, and other serious injuries.

Mental and Emotional Abuse

Mental and emotional abuse can be just as damaging as physical harm. It includes verbal assaults, threats, isolation, and humiliation. A nursing home staff member may berate or intimidate a resident, leading to emotional distress, depression, and anxiety. This form of abuse can be more challenging to detect but is equally devastating to the victim.

Sexual Abuse

Sexual abuse in nursing homes involves any non-consensual sexual contact with a resident. This misconduct includes inappropriate touching, forced sexual activity, or exploitation. Vulnerable residents, especially those with cognitive impairments, are often targets of this form of abuse, which causes immense emotional suffering and physical harm.

Medical Malpractice

Medical malpractice occurs when nursing homes fail to provide proper medical care, resulting in harm to the residents. Examples include untreated bed sores, medication errors, and neglecting necessary medical treatments. Bed sores, also known as pressure ulcers, develop when residents are not repositioned regularly, leading to painful and severe health complications.

Negligence

Negligence refers to the failure of nursing home staff to meet residents’ basic needs. This neglect can include poor hygiene, malnutrition, dehydration, and failure to prevent elopement—when a resident with cognitive impairments wanders away from the facility. 

Neglectful care often results in serious complications and a decline in the resident’s quality of life.

Financial Abuse

Financial abuse involves the exploitation of a nursing home resident’s financial resources. This exploitation may include unauthorized use of their bank accounts, credit cards, or personal property. 

In some cases, staff members may manipulate residents into signing over power of attorney or altering their wills. Financial exploitation leaves elderly patients vulnerable and can deplete their savings.

Wrongful Death

Wrongful death claims arise when nursing home abuse or neglect leads to a resident’s untimely death. Whether due to untreated infections, malnutrition, or medical negligence, family members may have the right to pursue a wrongful death claim against the facility. 

These cases hold nursing homes accountable for the preventable death of a loved one and provide financial compensation to surviving family members.

Understanding Your Legal Rights

Nursing home residents in Indiana are protected under federal and state laws designed to ensure they receive proper care and are treated with dignity and respect. These laws establish specific standards for nursing homes, and when those standards are violated, residents or their families have the right to take legal action.

One of the most important federal laws protecting residents is the Nursing Home Reform Act of 1987. This legislation requires nursing homes to provide services that help residents achieve and maintain their highest possible physical, mental, and emotional well-being. 

It establishes clear guidelines for care, ensuring residents’ rights to be free from abuse, neglect, and exploitation, as well as the right to refuse treatment and access personal medical records. Nursing homes must also meet specific standards in critical areas, such as staffing, sanitation, and medical care.

In Indiana, nursing home residents also have protections under state laws and regulations. For example, the Indiana State Department of Health oversees nursing homes to ensure they are complying with health and safety standards. Facilities that fail to meet these standards can be subject to penalties, including loss of licenses and other legal consequences.

Eligibility to File a Claim 

If a nursing home resident suffers from abuse, neglect, or exploitation, they or their legal guardian can file a personal injury claim against the facility. When the resident cannot file due to physical or cognitive limitations, family members or legal representatives can take legal action on their behalf. 

Additionally, if the abuse or neglect results in the resident’s death, surviving family members may file a wrongful death claim to seek justice and compensation for their loss.

These claims allow victims and their families to pursue compensation for medical expenses, emotional distress, and other damages caused by the nursing home’s actions. Consulting an experienced Indiana nursing home lawyer is essential to understanding your legal rights and ensuring responsible parties are held accountable.

Liability in Nursing Home Neglect and Abuse Cases 

In nursing home abuse and neglect cases, multiple parties may be held responsible for the harm inflicted on residents. Liability extends beyond just the individuals directly involved in the abuse, potentially including the nursing home facility, management, and even third-party contractors. 

Understanding who can be held accountable is key to pursuing full compensation for the damages suffered by nursing home residents.

Nursing Home Facility

The nursing home itself can be held liable if abuse or neglect occurs due to inadequate staffing, lack of proper training, or failure to follow safety regulations. 

For example, if a facility fails to ensure its staff is adequately trained in handling residents with mobility issues and a resident suffers a fall, the facility may be responsible for the injury. Nursing homes must provide adequate care and protection to all residents under their care.

Nursing Home Staff Members

Individual staff members, such as nurses, aides, or caregivers, can also be liable for abusive behavior. Physical abuse, emotional abuse, or neglect by a staff member—whether through actions or inaction—can cause serious harm to residents. 

For instance, if a staff member uses unnecessary physical restraints or fails to provide timely medical care, they can be held accountable for those actions.

Management and Administrators

Nursing home administrators and management teams may be liable for failing to oversee operations or respond appropriately to complaints about abuse. If a facility has patterns of neglect or abuse and management does nothing to address the issue, they can be held responsible for allowing such abuse to continue. 

Their duty includes ensuring that all nursing home practices, procedures, and staffing levels meet the necessary standards of care.

Third-Party Contractors

Some nursing homes outsource services such as medical care, food preparation, or cleaning to third-party contractors. If these contractors provide substandard care or fail to meet safety guidelines, they can be liable for contributing to the resident’s harm. 

For example, if a resident develops bed sores because an outsourced medical provider failed to follow a proper care plan, that contractor could be named in a lawsuit.

Manufacturers of Defective Equipment

In some cases, equipment used in nursing homes, such as wheelchairs, beds, or medical devices, may be defective and lead to injury. When defective products cause harm, the manufacturers or suppliers of the equipment may be liable under product liability laws. An example could be a faulty bed rail that causes a resident to fall and suffer injuries.

How Our Indiana Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our experienced attorneys are dedicated to advocating for victims of nursing home abuse and neglect. With years of experience handling complex nursing home abuse cases, we have the knowledge and resources to help families seek justice and compensation. 

From investigating the details of your case to taking it to trial if necessary, we are with you every step of the way to ensure those responsible for the harm are held accountable.

Free Case Evaluation

We offer a free consultation to help you understand your legal rights and evaluate the strength of your case. During this initial meeting, we will review the facts of the abuse or neglect, discuss the potential for compensation, and outline the next steps. This no-obligation consultation ensures you get the legal advice you need without any financial commitment.

Case Investigation

Our legal team will thoroughly investigate the nursing home’s practices and review medical records, witness statements, and other evidence to build a strong case. We work with medical experts to analyze the level of care provided and uncover any violations of federal and state laws, such as the Nursing Home Reform Act. 

This detailed investigation helps us hold nursing homes accountable for neglect, abuse, and other failures in their duty of care.

Filing the Claim

Once the investigation is complete, our attorneys will file a nursing home abuse lawsuit on behalf of the victim. We handle all aspects of the claim, ensuring it meets the necessary legal requirements under Indiana law. 

By filing the claim promptly, we aim to protect your rights and maximize the potential for a successful outcome. This process includes preparing all necessary legal documents, gathering evidence, and managing court filings.

Settlement Negotiation

Many nursing home neglect cases are resolved through settlement negotiations before trial. Our attorneys are skilled negotiators who work tirelessly to achieve fair compensation for medical expenses, emotional distress, and other damages. 

We negotiate with the nursing home’s insurance company and legal representatives to secure a settlement that reflects the full extent of the harm suffered. Throughout this process, we ensure that your interests are protected and you receive a fair resolution.

Trial Representation 

We are fully prepared to take the case to an Indiana court if a fair settlement cannot be reached. Our attorneys have extensive courtroom experience and will present a compelling case before a judge or jury. 

We fight aggressively to obtain a verdict that holds the nursing home and its staff accountable for their actions, whether the case involves physical assault, financial exploitation, or wrongful death.

At Nursing Home Law Center, we are committed to pursuing justice for nursing home residents and ensuring they receive the compensation they deserve.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 511 Medicare-approved nursing home facilities in Indiana. Of these, 209 facilities (41%) have received a below- or much-below-average overall score.

Specifically, 217 nursing homes (42%) fall short in health inspections, highlighting concerns about regulatory compliance and safety standards.

Regarding staff levels, 340 facilities (67%) received low scores, highlighting widespread inadequacies in staffing that can affect the quality of care and attention residents receive.

In terms of quality measures, 56 nursing homes (11%) rated poorly, indicating that most nursing homes in the state are not meeting high standards of care.

Additionally, 30 nursing home facilities (6%) were cited for abuse, raising serious concerns about resident safety in nearly one-third of the state’s facilities. [1]

The worst-rated nursing homes in Indiana include:

Recognizing the signs of elder abuse in nursing homes is critical for protecting your loved ones. Below are some of the most common signs of nursing home abuse that family members and caregivers should be aware of.

• Physical injuries, such as bruises, cuts, burns, or broken bones
• Bed sores (pressure ulcers)
• Poor hygiene or unsanitary living conditions
• Sudden weight loss or dehydration
• Emotional withdrawal or depression
• Unexplained financial changes
• Fear of staff members
• Untreated medical conditions
• Frequent falls or accidents

If you notice these signs, you must investigate further and seek legal advice. Consulting with an experienced Indiana nursing home abuse lawyer can help you determine whether abuse or neglect is taking place and guide you in protecting your loved one’s rights.

What to Do If You Suspect Nursing Home Abuse

If you suspect your loved one is experiencing abuse or neglect in a nursing home, it’s critical to act quickly. Here are the steps you should take to ensure their safety and protect their rights:

Call 911 if There’s Immediate Danger

If your loved one is in immediate danger or facing life-threatening harm, call 911. Emergency services can intervene quickly and ensure the resident receives medical attention or is removed from a harmful situation.

Report the Abuse to Nursing Home Management

Contact the nursing home administrator or management to report your concerns. They are legally obligated to investigate and take appropriate action to stop the abuse. Be sure to document all conversations, including the date, time, and names of the individuals you speak with.

File a Complaint with Your Local Ombudsman

Your state’s Ombudsman’s Office is an independent advocate for nursing home residents and is responsible for investigating complaints of abuse or neglect. The ombudsman can visit the facility, conduct interviews, and help mediate to resolve issues. Filing a complaint with the ombudsman ensures that an external party documents and investigates the abuse.

Contact a Nursing Home Abuse Lawyer

An experienced nursing home abuse lawyer can guide you through the legal process of holding the facility accountable. They will help you understand your rights, gather evidence, and file a lawsuit if necessary. 

Legal action may include obtaining compensation for medical expenses, pain and suffering, and other damages. A lawyer can also advise you on steps to protect other residents from further harm.

Damages You Can Recover Through a Nursing Home Abuse Claim

When a nursing home resident is subjected to abuse or neglect, the resulting harm can be both physically and emotionally devastating. Filing a nursing home abuse claim can help victims and their families recover compensation for these damages.

Economic Damages

Economic damages are meant to compensate the victim for the financial costs directly related to the abuse or neglect. These are often quantifiable losses and may include:

• Medical Expenses: This covers the costs of medical treatment, including hospital stays, medications, rehabilitation, and any ongoing care resulting from injuries or health complications caused by the abuse or neglect. For example, if a resident suffers from untreated bed sores or broken bones, the cost of treating these conditions can be recovered.
• Relocation Costs: If the resident needs to be moved to a different assisted living facility due to the abuse, the costs of finding a new care facility and relocating can be included in the claim.
• Lost Wages of Family Members: If family members had to take time off work to care for or assist the victim, the lost income may be compensable.

Non-Economic Damages

Non-economic damages compensate for the emotional and psychological effects of the abuse. While these damages are more challenging to quantify, they are no less important. Examples include:

• Pain and Suffering: This accounts for the physical pain and emotional distress caused by the abuse, such as chronic pain, anxiety, depression, and emotional trauma. For instance, victims of sexual abuse or physical abuse often experience deep emotional scars.
• Loss of Enjoyment of Life: If the victim’s quality of life is diminished due to the abuse or neglect, they may be entitled to compensation for their reduced ability to enjoy daily activities.
• Emotional Distress: Compensation for emotional suffering and mental health conditions caused by the abuse, such as depression, anxiety, or PTSD, can also be part of a claim.

Punitive Damages

Punitive damages are not meant to compensate the victim directly but rather to punish the nursing home or its staff for especially egregious conduct and deter future wrongdoing. These damages are awarded in cases where the abuse or neglect was intentional, malicious, or grossly negligent. For example:

• Intentional Harm: If the abuse involved deliberate harm, such as physical beatings or willful withholding of medical care, punitive damages might be awarded to punish the responsible parties.
• Gross Negligence: In cases where the nursing home exhibited reckless disregard for the safety and well-being of residents—such as consistently understaffing the facility or failing to respond to repeated complaints of neglect—punitive damages can be applied.

The Cost of Hiring an Indiana Nursing Home Abuse Lawyer

At Nursing Home Law Center, we understand that the financial burden of legal representation can be a concern for families dealing with nursing home abuse. That’s why we operate on a contingency fee basis. This means you won’t pay any upfront legal fees, and our firm only gets paid if we successfully recover compensation for you. 

If we win your case through settlement or trial, our fee is a percentage of the recovery, ensuring you can pursue justice without the stress of out-of-pocket legal costs. This arrangement lets you focus on your loved one’s well-being while we handle the legal complexities.

You Have Limited Time to Take Legal Action in Indiana

Indiana has a strict statute of limitations for most personal injury cases. This legal deadline is typically within two years from the date the abuse or neglect occurred or was discovered. Failing to file within this time frame may prevent you from pursuing compensation for your loved one’s injuries.

However, certain circumstances may affect this deadline, such as when the victim is unable to report the abuse due to cognitive impairment. It’s crucial to consult with an experienced Indiana nursing home lawyer as soon as possible to ensure your claim is filed within the appropriate time limits and your rights are protected.

Contact an Indiana Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our attorneys have extensive experience representing victims of nursing home abuse and neglect throughout Indiana. We are committed to holding negligent facilities accountable and securing the compensation you and your loved ones deserve. 

With a proven track record of success in handling cases involving physical abuse, neglect, medical malpractice, and more, we provide compassionate legal support every step of the way.

If you suspect your loved one has been a victim of nursing home abuse, contact us for a free consultation. Our team is ready to review your case, answer your questions, and help you pursue justice.

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

References: [1] CMS