Why You Need An Attorney On Your Side
If youre ready to file a claim for nursing home abuse, you want an experienced attorney on your side. These types of personal injury claims tend to be complicated and time-consuming. When you retain our nursing home neglect lawyers to represent you, we will navigate all the challenges with the Indiana legal system, so you dont have to.
Once the nursing home denies liability, offers a nominal sum, or the statute of limitations is approaching, we will file a lawsuit. During the litigation process, we will collect additional evidence. We will also speak with witnesses, exchange documents with the defense attorney, etc. The defense may call you to give a deposition as well. You want someone to protect your rights. Plus, fronting these costs can be very expensive.
Types Of Nursing Home Neglect & Abuse
We expect our parents, relatives, and elderly friends to be kept safe in nursing homes from abuse and neglect. But, all too often, nursing homes and other long-term care facilities fail to provide an acceptable standard of careand elderly patients pay the price.
What is the difference between abuse and neglect?
Abuse is a conscious and malicious act against a patient. Neglect can be intentional but is more likely to stem from inattentiveness or incompetence. Both are equally serious because of the negative impact they can have on the overall health of your loved one.
Nursing home abuse and neglect typically fall under one or more of the below categories:
If a nursing home employee is abusing your family member, you have legal options. The most important thing is to protect the safety of your loved one, which we can help you do. Then we will explore your legal options to hold the nursing or retirement home accountable for its actionsor inactionand work to stop the abuse.
Nursing Home Abuse And Neglect
Nursing home abuse and neglect are words that are often used interchangeably, but their definitions are separate and distinct. However, both nursing home abuse and neglect can result in serious injuries and harm for an elderly person.
Nursing home abuse usually involves some degree of intention. For example, abuse may take the form of physical abuse, sexual abuse, financial abuse and exploitation, or emotional/psychological abuse. In each of these cases, the abuser is intentionally taking action, often for the purpose of causing the nursing home resident harm or punishing them.
Neglect, on the other hand, might be unintentional and happen as a result of understaffing, poor training, or poor scheduling. Examples of neglect might include failing to provide assistance during mealtimes, resulting in malnutrition or failing to move a bed-confined nursing home resident regularly, resulting in bedsores.
Nursing Home and Neglect Are a Breach of the Duty of Care
Not only are some forms of nursing home abusesuch as sexual abuseillegal in many cases, but they are also a clear breach of the duty of care that a nursing home owes to its residents. This breach can result in serious injuries some of which could lead to other complications or even be fatal.
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Nursing Home Abuse Attorney Fort Wayne
As people age, they along with their supporting family members often decide that nursing home care is the best way to aid their health and wellbeing moving forward. It is often a difficult decision to make and one that affects families and seniors from across Fort Wayne and surrounding areas of Indiana.
And while many nursing homes provide superior medical care, as well as love and compassion to residents, some nursing homes and those who work within them miss the mark terribly. In the saddest of cases, nursing home residents are abused or neglected, leading to injuries and a decline in health. If you believe that your loved one is a victim of nursing home abuse in Indiana, our law firm can help you to file a lawsuit to seek damages and raise awareness.
Hiring An Indianapolis Nursing Home Abuse Lawyer
Keller & Keller offers a Zero Fee Guarantee to nursing home abuse victims and their families throughout Indiana. This means that we will never charge a consultation fee, and there are no upfront charges for any investigation and legal work related to the case. The only way our firm receives payment is if a recovery is made on your behalf.
Call us at 1-800-253-5537 to speak with an experienced nursing home abuse attorneys in Indianapolis, or use our confidential, free contact form to write us the details of your potential case.
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What Should You Do If You Suspect Nursing Home Abuse In Indiana
After discovering signs of abuse, you should take your loved one to get checked out by a doctor not affiliated with your nursing home. Not only does your loved one need medical attention, but a neutral doctor can help figure out how the injuries occurred. Many nursing home patients find it difficult to communicate due to health complications associated with age. In these cases, they are incapable of telling you how they were injured. You need a doctor to help you fill in the blanks.
Depending on how your loved one is injured, you might need to call law enforcement. Acts of abuse, especially in a nursing home, may also be considered criminal acts of abuse. If your loved one suffered extremely serious injuries, the police might need to be called, and nursing home staff might be arrested.
You also need to contact an attorney. The nursing home you trusted to take care of your parents or grandparents not only failed to do so but betrayed your trust and injured your loved one. The emotional toll this takes can be enormous. Not only that, but your loved one may require expensive medical treatment. Our Indiana nursing home abuse and injury attorneys can help you gather records and evidence and file a lawsuit to claim compensation for your loved ones injuries and damages.
Indiana States Laws And Resources For Families
Statutes of Limitations and Damages Caps in Indiana Nursing Home Negligence Actions
A person with a cause of action against an Indiana nursing center has a limited period to bring a claim. For personal injury, medical malpractice, or wrongful death, the action must be filed within two years from the event’s date. .
***Depending on the facility’s ownership status at issue, there might be a tort claim notice requirement of 180 days.Many times, the ownership status of the facility is not readily apparent. Consequently, families must consult with an attorney to advise the facility’s status as soon as feasible.
- For medical malpractice, the total amount recovered for a patient’s injury or death against all providers might not exceed $1.65 million as of July 1, 2019, that amount is increased to $1.8 million.
- The total amount recoverable against a single healthcare provider is capped at $400,000, rising to $500,000 as of July 1, 2019.
- Punitive damages for negligence or medical malpractice might not exceed three times the amount of compensatory damages awarded or $50,000, whichever is greater.
- Wrongful death actions must be brought by the deceased person’s personal legal representative, and neither punitive damages nor damages for individual grief might be granted.
- Damages for lost love and companionship are capped at $300,000 in situations where there is no surviving spouse but do have any surviving, non-dependent children.
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Indianapolis Nursing Home Neglect Lawyers
As our loved ones age, the difficult decision must be made as to their continued care. Elderly adults often require access to services and facilities their families can no longer provide, and nursing homes step in to deliver those vital needs.
We expect elder care facilities to provide the medical and personal care our family members deserve. So its devastating to discover abuse has occurred. But the reality is too many elder care facilities are understaffed, and too few nursing home workers are properly trained to care for senior patients. Those shortcomings increase the odds that nursing home residents will become victims of elder abuse and neglect. Our nursing home abuse lawyers can help you.
Indiana Nursing Home Abuse Lawyer
Placing someone you love in an Indiana nursing home is often the last resort for a family unable to provide round-the-clock care for an aging parent.
Choosing a nursing home requires a great deal of confidence in the medical and nursing staff who will be looking after their well-being, and most families hope that a nursing facility will provide them with a decent quality of life.
They never expect to learn that their loved one has suffered nursing home abuse and neglect after admittance to a long term care facility.
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The Primary Causes Of Elder Abuse And Neglect Are:
- Stressful working conditions, particularly staff shortages
- Staff burnout
- Inadequate staff training
The State of Indiana is among twelve states with the highest number of severe and repeated violations of nursing home regulations. In Indiana, we have strict laws and regulations that protect the rights of nursing home residents. The Sweeney Law Firm has represented nursing home and assisted living residents and their families for many years in an effort to stem the neglect and abuse and hold nursing homes accountable for the harm they cause. In situations where you require the services of a nursing home injury lawyer, we will meet with you about your situation and discuss what action should be taken. We will immediately obtain all the relevant nursing home records as well as the medical records pertaining to the injury or harm you have suffered. Our experts, who have extensive experience in nursing home care and the regulations that govern nursing homes, will thoroughly examine every aspect of the care you received.
Is Your Loved One Suffering From Nursing Home Abuse Or Neglect
If you or someone you love has been a victim of nursing home abuse or neglect, it is important to know that you have legal options. The Indianapolis nursing home abuse attorneys at Jacobs Law LLC, understand how devastating neglect can be, particularly if it is caused by a trusted caregiver.
For more information about pursuing a claim and holding the appropriate party responsible, please contact Jacobs Law LLC today at . There is no cost to receive an initial consultation, and we can help you to determine the best course of action for you and your family. Call now and speak with a knowledgeable nursing home abuse lawyer in Indianapolis.
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Nursing Home Neglect And Abuse
Indianapolis and Evansville Nursing Home Neglect Lawyers Battling Nursing Home Negligence
“A business entrusted with the care of vulnerable loved ones should not betray that trust by allowing them to be abused and neglected on their watch.”– Todd Barsumian
It is not easy to place a loved one in the care of strangers. Families research nursing homes and assisted living centers with great care to ensure their loved one is in a safe, attentive place. Despite these efforts, parents, grandparents and disabled family members are sometimes mistreated causing serious injury or death. When this happens, it is your right to contact a nursing home neglect attorney about filing a negligence or medical malpractice claim for compensation.
Nursing Home Injuries Come In Many Forms
Barsumian Armiger Injury Lawyers considers cases of nursing home negligence or malpractice resulting in serious injury or death arising from a variety of circumstances.
Below is a chart created from one of Barsumian Armiger Injury Lawyers’s clients records and utilized to demonstrate how the resident had been severely dehydrated while under the nursing homes care according to its own data:
Evansville and Indianapolis Nursing Home Lawyers Serving Families in Indiana and Kentucky
Unfortunately, nursing home abuse often leads to a wrongful death claim. If we take the case, we can help open an estate to pursue a claim through the personal representative, which is required under Indiana’s wrongful death statutes.
Indiana Laws Designed To Protect Patients From Negligent Nursing Home Treatment And Health Care
The Adult Protective Services Act is the governing state law intended to protect nursing home residents’ welfare. The law sets forth specific reporting procedures when residents in nursing homes are believed to be “endangered adult” victims of exploitation, abuse, or neglect.
The Act allows nursing home workers who have reason to believe a resident is endangered to submit a report to state authorities.
Family members and caregivers might also call a toll-free hotline to report any observed or suspected abuse, neglect, or exploitation incidents. Complaints of neglect should be made as soon as possible so that Adult Protective Services can protect the endangered victim.
An Indianapolis elder care abuse and neglect attorney can help you protect your loved one’s safety and rights under the law. Speak with a nursing home abuse lawyer about possible courses of action today.
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Holding Care Providers Liable For Negligence And Abuse
Nursing home employees and the facilities that hire them have a duty to provide the appropriate standard of medical care and see that their patients have the quality of life expected in their facility. When nursing home employees neglect these duties and cause injury to their patients, they or the facility that employs them can be held liable for the resulting harm.
Nursing homes are paid to protect and care for the weak and vulnerable. As experienced nursing home abuse lawyers, our team at Kooi helps victims and their families ensure this is done. When it is not, the Indiana nursing home abuse attorneys at Kooi help victims recover compensation for nursing home neglect and abuse and hold these facilities accountable.
What Are Examples Of Nursing Home Abuse
There are many forms of nursing home abuse, and they may result in changes in a loved ones demeanor, emotional state or happiness. A few examples include:
- Verbal or emotional abuse by staff
- Lack of adequate medical care, resulting in conditions such as bedsores
- The wrong medication or wrong dosage
- Criminal events such as sexual assault or physical abuse
- Poor attention to the patients personal hygiene, or unaddressed health issues
- Unusual or frequent bruises
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How Can An Indiana Nursing Home Abuse Lawyer Help You
Indiana nursing home abuse attorneys can offer several types of assistance if you or a loved one is an abuse victim.
The attorney can help bring the known or suspected abuse to the attention of law enforcement authorities. Your lawyer can guide you through the process of reporting abuse, accompany the victim to interviews with police and prosecutors, and put pressure on law enforcement to pursue the case and press criminal charges.
Law enforcement may charge the abuser with a crime. The abuser may plead guilty or go to trial. If found guilty, the abuser will face jail time, probation and fines. However, it’s important to understand that fines are paid to the governmentnot the abuse victim.
Regardless of whether the government presses criminal charges against the abuser, a nursing home abuse victim can file a civil lawsuit against the abuser. Because it can be easier to win a civil lawsuit, you’ll want to consider a civil suit even if the abuser is found not guilty of the criminal abuse charges.
Civil lawsuits allow Indiana elder abuse victims to collect damages, or money, from the abuser. Damages can compensate an Indiana nursing home victim for any medical expenses incurred as a result of the abuse, as well as the repair or replacement of damaged property, such as clothing and furniture. Some damagesknown as punitive damagesare intended to punish the abuser for his or her actions.
What You Can Do
Nursing homes and assisted living facilities have the legal and moral responsibility to provide adequate and proper care to ensure the safety of their residents. However, in the event that a nursing home neglects that responsibility, the patients family members may be entitled to hold the nursing home responsible. If you suspect nursing home abuse or neglect or have evidence that your loved one has been victimized, it is important to immediately contact and seek medical attention, if necessary. The resident will likely be removed from the facility, and you may consider taking legal action against those responsible for the injuries that he or she sustained.
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Recognizing Signs Of Nursing Home Abuse
One of the most heartbreaking aspects of nursing home abuse is that the abuse often goes undetected.
Nursing home residents may be unable or unwilling to report abuse due to physical or mental impairments, shame, or fear of retaliation. Consequently, its important to keep an eye out for signs of abuse.
Our Indiana Nursing Home Abuse Lawyers Can Help End Elderly Neglect And Mistreatment
Nursing homes are the perfect option for elderly loved ones who may not receive the constant care and attention they need in their family homes because their relatives are busy at work and/or do not have the knowledge or the resources to provide such intensive care, and so forth.This is why most working class American families prefer to have their elderly loved ones in a nursing home as a resident where trained faculty members such as nurses and other care givers are always around to give your loved one the best of care and treatment. Doctors are also only a call away in such nursing homes.
Furthermore, since the nursing home will be home to several other nursing home residents too, your elderly loved one will once again be able to enjoy a fulfilling social life.
However, you need to beware of the fact that Indiana ranks as the fifth worst state in the entire country in terms of the quality of care provided for long term nursing home residents. Nursing home abuse is rampant and prevalent throughout the country and Indiana is no exception to say the least. Each year over 40,000 cases of abuse and neglect occur in the state, according to the Office of the Clark County Prosecuting Attorney.
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