South Bend Nursing Home Abuse Lawyer

Nursing home abuse is a severe issue affecting vulnerable individuals who deserve safety and dignity in their golden years. Families trust nursing facilities to care for their loved ones, but unfortunately, some residents experience abuse or neglect.

If you or someone you care about has suffered in a nursing home, it’s essential to seek help from an experienced South Bend nursing home abuse lawyer. An experienced personal injury attorney can help you understand your legal options and guide you through the process of seeking justice and compensation for your loved one’s lost well-being.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to obtaining justice and compensation for those affected by nursing home abuse. Our seasoned legal team has a strong history of managing these cases carefully and achieving significant results through settlements and verdicts.

We conduct in-depth investigations to ensure that all aspects of abuse—such as medical costs, emotional distress, and other damages—are thoroughly addressed. Drawing on our extensive experience with nursing home abuse claims, we handle the legal process efficiently and work relentlessly to defend your rights.

Throughout the case, we offer compassionate and clear guidance, ensuring you and your family feel supported, informed, and secure at every stage.

Types of Cases Handled by Our South Bend Nursing Home Abuse Lawyers

Nursing home abuse occurs when a resident in a care facility experiences harm or mistreatment. This abuse can take many forms, all of which can have devastating consequences. Below are the various forms of nursing home abuse cases we handle in South Bend:

Physical Abuse

Physical abuse involves the intentional infliction of pain or injury. This can include hitting, pushing, or improper use of restraints.

Mental and Emotional Abuse

Psychological abuse often includes verbal insults, threats, or isolating residents from others.

Sexual Abuse

Sexual abuse in nursing homes involves non-consensual sexual contact with a resident.

Medical Malpractice

Medical malpractice in nursing homes includes failure to provide proper care, leading to issues like bedsores, medication errors, and neglecting to address severe medical conditions.

Negligence

Negligence occurs when staff members fail to meet residents’ basic needs, potentially leading to malnutrition, dehydration, poor hygiene, or elopement (residents wandering unsupervised).

Financial Abuse

Financial abuse occurs when caregivers exploit their position to steal or misuse the resident’s money or assets.

Wrongful Death

In extreme cases, nursing home abuse and neglect can result in the wrongful death of a resident. Families of victims can seek justice and compensation through a wrongful death claim.

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 is the Nursing Home Reform Act of 1987, which established strict standards of care for nursing homes that receive Medicare and Medicaid funding.

Indiana state laws also provide legal protection, allowing residents to file complaints and seek legal action. 

When nursing home abuse or neglect occurs, specific individuals are eligible to file a claim. These include the abused residents themselves, their family members, or legal guardians.

In the tragic event of a wrongful death, the estate of the deceased may file a claim to seek justice and compensation.

A South Bend nursing home abuse attorney can help you understand your legal options and the claims process.

Liability in Nursing Home Neglect and Abuse Cases 

Nursing home abuse cases often involve multiple responsible parties. Common examples include:

• Nursing Home Staff: Caregivers who directly abuse or neglect residents are frequently liable for their actions. Whether through physical abuse, improper use of restraints, or failure to provide basic care, staff members can be held responsible for harming the residents they were entrusted to protect.
• Nursing Facility Management: The nursing facility’s management and administrators have a duty to ensure that the facility is operated safely and compliantly. If they fail to train staff properly, ignore complaints of abuse, or neglect to maintain adequate supervision, they may be held liable for failing to protect residents from harm.
• Third-Party Contractors: Nursing homes sometimes hire external contractors, such as medical professionals or therapists, to provide residents’ care. If these contractors contribute to or overlook abuse or neglect, they may also share liability for the harm caused.
• Manufacturers of Defective Products: If a resident is injured due to a faulty product, such as defective medical equipment or improperly maintained safety devices, the manufacturer may be held liable for contributing to the harm.

How Our South Bend Nursing Home Abuse Attorneys Can Help

With years of experience in personal injury law, our South Bend nursing home abuse lawyers are dedicated to fighting for victims’ rights. We offer a comprehensive range of legal services, including:

• Free Case Evaluation: During this consultation, our experienced personal injury attorneys will review the details of your situation and provide guidance on your legal options. We’ll assess the full extent of the abuse or neglect and determine the best legal strategy for seeking justice.
• Case Investigation: Our personal injury lawyers will gather necessary evidence, including medical records, witness statements, staff employment records, and any available surveillance footage from the nursing facility. We work closely with nursing home standards and healthcare experts to ensure every aspect of the case is properly investigated.
• Filing the Claim: Once we’ve gathered the necessary evidence, we will file the claim on the victim’s behalf. Our personal injury lawyers will handle all the legal paperwork, ensuring the claim is filed within the required time frame.
• Settlement Negotiation: Many personal injury claims are resolved through settlement negotiations. Our personal injury attorneys are skilled negotiators who will work tirelessly to secure the maximum compensation for the victim.
• Trial Representation: While we strive to settle cases out of court, we are fully prepared to take the case to trial if necessary. Our legal team has extensive experience in the courtroom, and we will present a compelling case to the judge or jury to pursue justice for the victim.

Common Signs of Elder Abuse Among Nursing Home Residents 

In South Bend, Indiana, there are 41 Medicare-certified nursing homes. Of these, 21 facilities (51%) have an overall rating below or much below average. Specifically, 23 nursing homes (56%) fall short in health inspections, and 21 facilities (51%) have inadequate staffing. 4 facilities (10%) rated poorly in quality measures. [1]

The worst-rated nursing homes in South Bend include:

A critical step in protecting your elderly loved one is to be aware of the common signs of nursing home abuse, including:

• Unexplained injuries, such as bruises, broken bones, or cuts;
• Sudden changes in behavior, including withdrawal or agitation;
• Poor hygiene, malnutrition, or dehydration;
• Bedsores or other preventable medical conditions;
• Missing personal belongings or financial irregularities;
• Fear or anxiety around specific staff members.

What to Do If You Suspect Nursing Home Abuse

If you suspect your elderly loved one is a victim of nursing home abuse, take immediate action by following these steps:

• Call 911 if your loved one is in immediate danger.
• Report to nursing home management to document your concerns.
• File a complaint with your local Ombudsman’s office, which advocates for nursing home residents and can investigate allegations of abuse.
• Contact a nursing home abuse attorney to determine the best course of legal action and start the process of seeking justice.

Damages You Can Recover Through a Nursing Home Abuse Claim

When pursuing a nursing home abuse claim, victims and their families may be entitled to several types of damages.

Economic damages are the tangible financial losses that result from abuse or neglect. These include:

• Medical expenses: Costs for treating injuries related to the abuse, such as hospital stays, surgeries, or medications.
• Rehabilitation costs: Ongoing care like physical therapy or psychological counseling.
• Relocation expenses: Costs incurred when moving the victim to a safer or more appropriate care facility.
• Lost wages: If the abuse resulted in a family member leaving work to care for the victim, compensation for lost income may be recovered.

Non-economic damages compensate for the emotional and psychological suffering caused by the abuse. These include:

• Pain and suffering: Compensation for the physical pain endured due to abuse or neglect.
• Emotional distress: Compensation for psychological harm, including anxiety, depression, and trauma.
• Loss of enjoyment of life: Damages for the diminished ability to enjoy daily activities or social interactions due to the abuse.
• Loss of companionship: If the relationship between the victim and their family is affected, compensation for the loss of companionship or guidance can be sought.

Punitive damages are awarded when abuse is malicious, reckless, or intentional. They are designed to punish the responsible parties and deter future misconduct.

The Cost of Hiring a South Bend Nursing Home Abuse Lawyer

Our personal injury law firm operates on a contingency fee basis, meaning you won’t pay any upfront costs. We only get paid if we win your case, making it easier for you to pursue justice without worrying about legal fees.

You Have Limited Time to Take Legal Action in South Bend

Under Indiana’s statute of limitations, you have a limited time to file a personal injury lawsuit or wrongful death claim. A South Bend nursing home abuse attorney can help ensure your case is filed on time, allowing you to pursue justice before it’s too late.

Contact a South Bend Nursing Home Abuse Attorney Today!

If your loved one has suffered abuse or neglect in a South Bend nursing home, our legal professionals are here to help. With our combined experience in handling personal injury cases, we’ll fight to ensure those responsible are held accountable. 

Contact our law firm today for a free consultation, and let us help you pursue the justice and compensation your family deserves.

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

References: [1] Medicare