Indianapolis Nursing Home Abuse Lawyer

Nursing home abuse is a tragic and deeply concerning issue affecting some of the most vulnerable members of society—elderly nursing home residents. Across Indianapolis and Indiana, many elderly individuals rely on nursing homes for the care and support they need in their later years. Sadly, not all residents receive adequate care.

If you suspect nursing home abuse involving a loved one, it’s essential to take immediate action to protect their rights and seek justice. A skilled Indianapolis nursing home attorney can help you understand your legal rights, navigate the legal system, and file a nursing home abuse lawsuit to hold the responsible parties accountable.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to helping victims of nursing home abuse obtain justice and rightful compensation. Our skilled legal team has a strong history of managing nursing home abuse cases with care, successfully securing substantial settlements and favorable verdicts.

We conduct comprehensive investigations to address all aspects of the abuse, including medical expenses, emotional distress, and other damages. With extensive knowledge in handling nursing home abuse claims, we effectively manage the legal process and work relentlessly to protect your rights.

We offer compassionate and clear guidance throughout the case, ensuring you and your family stay informed, supported, and reassured.

Types of Cases Handled by Our Indianapolis Nursing Home Abuse Lawyers

Nursing home abuse refers to any intentional or negligent act by a nursing home staff member or other individual that causes harm or distress to a resident. Abuse can manifest in various forms, each leading to significant physical and emotional harm. 

Our Indiana nursing home abuse and neglect lawyers are experienced in handling a wide range of personal injury cases, ensuring victims and their families receive justice.

Physical Abuse

Physical abuse involves the intentional use of force that causes bodily harm to a nursing home resident. This assault can include hitting, slapping, pushing, or inappropriate use of restraints.

Mental and Emotional Abuse

Emotional and mental abuse occurs when residents are subjected to verbal assaults, threats, or intentional isolation that leads to psychological harm. For example, a caregiver who humiliates or intimidates a resident can cause emotional distress, which may result in behavioral changes, such as withdrawal or fear of speaking out.

Sexual Abuse

Sexual assault in nursing homes includes any non-consensual sexual contact or behavior between a resident and another person. This violation can involve staff members or even other residents. Victims of sexual abuse often endure physical injuries as well as long-lasting emotional trauma.

Medical Malpractice

Medical malpractice in nursing homes happens when caregivers fail to provide appropriate care, leading to harm. Examples include bedsores that develop due to prolonged immobility, medication errors that worsen a resident’s health, or failure to treat infections. 

In some cases, this neglect can lead to life-threatening conditions that could have been avoided with proper care.

Negligence

Nursing home negligence occurs when caregivers fail to provide basic care to residents. This neglect can include poor hygiene, malnutrition, dehydration, or elopement (when a resident wanders away from the facility unsupervised).

Financial Abuse

Financial abuse involves the exploitation of a resident’s assets, often by gaining access to personal finances, stealing personal belongings, or coercing the resident to change financial documents.

Wrongful Death

In the most tragic cases, nursing home abuse or neglect can lead to the wrongful death of a resident. Wrongful death claims allow families to pursue justice and compensation for the loss of their loved one due to the nursing home’s negligence or abuse.

Understanding Your Legal Rights

Federal and state laws protect nursing home residents, ensuring they receive adequate care and live in a safe environment. These laws establish the standards for nursing homes and provide specific rights for residents to live free from abuse and neglect.

One of the most important federal laws protecting residents is the Nursing Home Reform Act of 1987. This act sets minimum standards of care for any facility that receives Medicare or Medicaid services. 

Under the act, nursing home residents have the right to receive adequate medical care, participate in decisions about their treatment, and be free from physical abuse, emotional abuse, and neglect. 

Nursing homes and assisted living facilities are required to maintain personal medical records, follow proper procedures, and ensure residents’ health and safety are prioritized.

In addition to federal regulations, Indiana state laws also protect nursing home residents. These state laws, overseen by the Indiana State Department of Health, require nursing homes to adhere to strict staffing, hygiene, medical care, and resident safety guidelines.

Eligibility to File a Claim 

When nursing home abuse or neglect occurs, the nursing home residents can file a claim if they are capable of doing so. However, if the resident is unable to take legal action due to their physical or mental condition, a legal guardian or a designated family member can act on their behalf. 

In cases where wrongful death occurs due to elder abuse, surviving family members can file a lawsuit to seek compensation for their loss.

Liability in Nursing Home Neglect and Abuse Cases 

In nursing home neglect cases, multiple parties can be held accountable for the harm caused to residents. Liability can extend beyond the individual who directly caused the abuse or neglect, often involving the facility or other entities responsible for overseeing the resident’s care.

The nursing home facility can be liable for failing to provide a safe environment or adequate care. This can happen when the facility is understaffed, fails to train staff properly, or neglects to supervise its employees. For example, a facility that allows untrained caregivers to handle nursing home patients may be responsible for medical negligence.

The nursing home management can be held accountable if they fail to enforce policies or ignore signs of abuse or neglect. Management is responsible for ensuring that state and federal laws are followed, which includes providing proper care to residents and addressing any reports of mistreatment. 

If they are aware of ongoing abuse and fail to take action, they may be legally liable for the harm caused.

Individual staff members who commit acts of elder abuse are personally liable for their actions. This liability could include nurses, aides, and other caregivers who directly harm residents. For example, if a staff member physically restrains a resident inappropriately, resulting in injuries, they can be held personally responsible for the resident’s suffering.

In medical negligence cases, doctors, nurses, and other medical professionals may be liable if they fail to provide adequate medical care. This could involve improper treatment, failure to address infections or injuries, or medication errors that lead to harm. 

Healthcare providers are expected to follow specific standards of care; when they do not, the consequences can be devastating.

Sometimes, third-party contractors, such as maintenance or cleaning services, may be responsible for creating unsafe conditions that contribute to nursing home abuse. For example, if faulty equipment leads to a resident’s injury, the outside contractor responsible for maintaining that equipment may share liability.

By working with a skilled Indianapolis nursing home abuse attorney, victims and their families can identify all liable parties and hold them accountable for their actions.

How Our Indianapolis Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our experienced Indianapolis nursing home abuse lawyers are dedicated to helping victims and their families seek justice and compensation for the harm caused by nursing home neglect and abuse. 

With a proven track record of successfully handling nursing home neglect cases, our legal team understands the complexities involved in these situations and is committed to holding negligent nursing homes accountable.

• Free Case Evaluation: We offer a free consultation to review the details of your case and help you understand your legal options. During this evaluation, our nursing home abuse lawyers will listen to your concerns, assess the evidence, and provide advice on how to proceed.
• Case Investigation: Once you decide to move forward, our team conducts a thorough investigation of the nursing home abuse and neglect claims. This investigation includes reviewing medical records, interviewing witnesses, gathering evidence, and investigating the nursing home facility’s history of compliance with state and federal laws.
• Filing the Claim: After gathering sufficient evidence, we file the elder abuse lawsuit on behalf of the victim or their family. Our attorneys ensure that all legal documents are prepared correctly and submitted within the required timeframe under Indiana state laws.
• Settlement Negotiation: Many nursing home abuse cases are resolved through settlement negotiations. Our experienced attorneys will negotiate with the responsible parties and their insurance companies to secure full and fair compensation for the victim. This settlement includes financial compensation for medical bills, pain and suffering, and any other damages related to the nursing home abuse and neglect.
• Trial Representation: Our legal team is fully prepared to represent you in court if a settlement cannot be reached. With years of trial experience, we will present a compelling case to the judge and jury, using the evidence we have gathered to demonstrate the nursing home’s negligence.

Common Signs of Elder Abuse Among Nursing Home Residents 

Of Indianapolis’ 94 Medicare-approved nursing homes, 44 facilities (47%) are struggling with their overall ratings. Specifically, 51 nursing homes (54%) fall short in health inspections, and 69 facilities (73%) have inadequate staffing. 4% of nursing homes rated poorly in quality measures. [1]

The worst-rated nursing homes in Indianapolis include:

Detecting elder abuse in a nursing home or assisted living facility can be challenging, but there are several signs to watch for:

• Unexplained injuries, such as bruises, cuts, or broken bones
• Emotional changes, sudden withdrawal, anxiety, or depression
• Poor hygiene or unsanitary living conditions
• Malnutrition or dehydration
• Bedsores
• Showing fear around certain staff members
• Missing personal belongings

If you notice any of these signs, it is important to act quickly to protect your loved one from further harm.

What to Do If You Suspect Nursing Home Abuse

If you suspect that your loved one is experiencing abuse or neglect in a nursing home or assisted living facility, follow these steps:

• Call 911 if Immediate Danger is Present: If your loved one is in immediate physical danger or has sustained serious injuries, call 911 right away to ensure their safety and receive emergency medical attention.
• Report to the Nursing Home Administrator or Management: Once the immediate danger has passed, report your concerns to the nursing home’s administrator or management. Document the abuse and request an internal investigation.
• File a Complaint with Your Local Ombudsman’s Office: The Ombudsman’s office advocates for nursing home residents and investigates complaints related to abuse or neglect. Filing a complaint with them initiates an independent investigation into the facility’s practices.
• Contact a Nursing Home Abuse Lawyer: Consult with an experienced nursing home abuse attorney to explore your legal options. A lawyer can help gather evidence, file a nursing home abuse lawsuit, and hold the responsible parties accountable for the abuse or neglect.

Damages You Can Recover Through a Nursing Home Abuse Claim

When a resident suffers from nursing home abuse or neglect, they and their families may be entitled to various forms of compensation, including:

Economic damages compensate for measurable financial losses incurred as a result of the abuse. Examples include:

• Medical expenses
• Relocation costs
• Lost financial support

Non-economic damages are awarded for the emotional and psychological impact of the abuse. These include:

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

Punitive damages are intended to punish the responsible parties for egregious or malicious abuse. They serve as a deterrent to prevent similar misconduct in the future.

You Have Limited Time to Take Legal Action in Indianapolis

In Indiana, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the abuse or its discovery. Failing to act within this period may result in losing the right to seek compensation. Consulting an experienced Indianapolis nursing home abuse lawyer ensures that your legal rights are protected within this limited timeframe.

Contact an Indianapolis Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our experienced Indianapolis nursing home abuse attorneys have a strong track record of successfully handling nursing home abuse cases, securing justice, and obtaining substantial compensation for victims and their families. 

We are dedicated to holding negligent nursing homes accountable and ensuring that victims receive the care and respect they deserve. We work on a contingency fee basis, meaning you pay nothing upfront. Our fee is only collected if we win your case, allowing you to pursue justice without financial risk.

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

References: [1] Medicare