Established Trusted Representation For Nursing Home Abuse And Neglect Cases
When you make the tough decision to have your loved one move into a nursing home, long-term care facility, or memory care center, you trust they will be cared for well in the way they deserve.
When you find such trust betrayed, you feel tricked and want to do anything in your power to hold the facility where your loved one stayed accountable. You also want to ensure such treatment doesnt happen to another familys beloved mother, father, husband, wife, sister or brother.
Signs Of Nursing Home Abuse
Nursing home abuse can take many different shapes or forms. Recognizing the signs is the first step in stopping it. Classic signs of various forms of abuse include:
- Emotional abuse of a loved one may include mocking, ignoring, humiliating or terrorizing the patient, as well as intimidating him or her through threats, and yelling or isolating the patient from activities or other residents.
- Financial exploitation is the most common type of nonphysical abuse. A caregiver may steal the patients identity, steal belongings, authorize money transfers or withdrawals, forge signatures, checks, or money, or even misuse the patients credit cards, accounts, or checks.
- Signs of nursing home neglect include malnourishment, dehydration, unsanitary living conditions, soiled bed linens or clothing, or the improper administration of medications or a patient not receiving his or her medications at all.
It may feel like the family of a nursing home resident does not have many options to hold an abusing home accountable, but there are options for them.
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Common Legal Terms Explained
Personal jurisdiction Requirement that a particular court have authority over a person, in order to bind that person to the judgment of the court, based on minimum contacts. International Shoe Co v. Washington is a landmark Supreme Court case outlining the scope of a state courts reach in personal jurisdiction.
Recognizing The Signs Of Abuse
Recognizing when a nursing home resident is being abused is not always easy. However, it is important for individuals and families to be able to identify the signs of nursing home abuse. Sudden and rapid weight loss, suspicious bruising, untreated bedsores, sudden or constant infections, and open wounds or cuts may all be symptoms of systemic abuse in a nursing home.
However, not all instances of abuse will be as clear. Therefore, it is important for families to look for other signs of abuse in a nursing home resident, such as withdrawal from community activities, depression, or intense anxiety.
Anyone who suspects abuse in an Indianapolis nursing home should contact Indianas Adult Protective Services at 1–992-6978. In addition, individuals and families should contact an Indianapolis nursing home abuse attorney, who can investigate a nursing home and residents treatment to determine if they have been abused.
Indianapolis Nursing Home Abuse Lawyer Near Me
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What Rights Do Nursing Home Residents Have Under The Law
Legislation at both the federal and state levels enforces numerous basic rights and privileges that all nursing homes and assisted living facilities must preserve on behalf of their residents. Federal law mandates that residents receive dignified and respectful treatment at all times, including but not limited to nutritious meals, appropriate medical and dental care, safe provision and administration of prescription medications, social and recreational opportunities, and access to social services.
Additionally, the federal Nursing Home Reform Act established further requirements that specifically apply to facilities that receive Medicare and/or Medicaid funding. This includes accurate recordkeeping, sufficient assistance and supervision for residents, thorough and regular assessments of resident functionality, and a mandate to provide residents as much personal freedom as practically possible during each day.
The State of Indiana enforces and reinforces these regulations with state-level practices and agencies, including various programs run by Adult Protective Services, a Long-Term Care Division within the state Department of Health, and the guaranteeing of basic rights to nursing home residents that go beyond federal regulations in some respects. Any time a nursing home staff member, administrator, or owner violates one of these regulations by mistreating a resident or allowing them through negligence to come to harm, civil litigation may be possible.
What To Do If You Suspect Your Loved One Is The Victim Of Nursing Home Negligence
Nursing homes have a duty of care to their residents. When they fall short, victims have the law on their side. Victims can receive compensation for their medical injuries, pain and suffering, emotional damage, and recuperation of any lost assets. Additionally, family members can sue for wrongful death if the negligence or abuse was responsible for the death of their loved one.
The Indianapolis nursing home neglect lawyers at Wagner Reese can compile evidence of your loved ones nursing home abuse. We can also help you by looking at charts, photographs, medical records and bills, nursing home inspection reports, and more to establish a deviation in the standard of care that led to injury or even death.
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Dog Bite Injury Victims In Indianapolis In 46204
Mans best friend isnt always so friendly. With over 78.5 million dogs in the United States, there are bound to be more than a few bad apples. There are, on average, 4.7 million dog bites every year and 800,000 of those incidents resulted in injuries requiring medical care.
Dog bites are always painful, and can be severe enough to cause significant harm and even long-term disability and disfigurement. Indianas law allows for victims of dog bites to sue for damages and receive compensation for medical bills, pain and suffering, and any lost income.
Proving a dog bite case isnt always easy due to Indianas one bite rule, which states that a dog owner is only liable if he or she knew, or should have known, that their dog was likely to bite. Negligence by the dog owner must be proven with evidence. Having a personal injury lawyer can help provide the evidence needed to prove negligence in a dog bite case.
If you or a loved one have sustained injuries from a dog bite in Indiana, call Hensley Legal Group today at 526-1440.
Recovering Financially For Nursing Home Abuse In Indianapolis
Whether it revolves around intentional misconduct or inadvertent neglect, civil litigation filed over mistreatment of a nursing home resident still falls within the purview of Indiana personal injury law. In light of that, a successful plaintiff may be able to recover for the full value of both economic and non-economic losses experienced by an elderly family member.
On the economic side of things, recoverable losses in a nursing home abuse claim may include all additional medical expenses necessitated by the mistreatment in question, as well as personal financial losses in the event of financial abuse. Non-economic damages are more subjective in nature and might include physical pain, emotional and/or psychological trauma, lost personal opportunities, and lost enjoyment of life. In extremely severe cases involving gross negligence or intentionally malicious acts, punitive damages may be available as well, up to a maximum of whichever is higher out of $50,000 or three times compensatory damages in accordance with Indiana Code §34-51-3-4.
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Protecting Elderly Victims And Fighting For Their Compensation
Moving an elderly family member into an assisted living facility or nursing home can be a difficult and upsetting decision. Each year, countless families in the U.S. have to contemplate placing a grandparent or parent into a facility such as these where his or her daily living and medical needs can be fulfilled. While we would like to believe that the individuals with whom we entrust our loved ones care will provide the same high-quality care that we give, such is not always the case. Nursing home neglect and abuse are quickly becoming an enormous problem in the U.S., and many elderly residents are suffering from one or more types of nursing home abuse. Each year in the U.S., approximately 2.1 million senior citizens suffer from some type of abuse. Even more surprising, for every one case of nursing home abuse that gets reported, there may be as many as five other cases that are unreported. Although physical abuse is the most common form of elder abuse, a nursing home resident may also suffer from financial exploitation, neglect, sexual abuse and emotional abuse. Nursing home abuse or neglect can include one or more of the following:
What Are The Rights Of Indiana Nursing Home Residents
The Indiana State Department of Health lists the many rights of nursing home residents in our state. They include the right to:
- Be informed about and exercise their rights.
- Know about services and financial charges
- Participate in planning their care and treatment and to refuse treatment.
- Enjoy privacy and confidentiality of records.
- Control their finances and maintain their personal belongings.
- Be free from abuse, neglect, and exploitation, including the use of chemical and physical restraints for purposes of discipline or convenience.
- Express grievances without fear of reprisal such as a discharge from the facility.
- Communicate freely with persons of their choice.
You and your loved one should know these rights and take action if you believe a nursing home in Fort Wayne, Huntington, or elsewhere in Indiana has violated them. If you have any questions about your loved ones rights or your rights as a family member, contact Truitt Law Offices.
Keep in mind: Your loved one may be afraid to report a violation of his or her rights or, due to a condition such as Alzheimers disease, your loved one may lack the capacity to communicate what has happened. For this reason, you should pay close attention to the care your loved one receives in a nursing home and be proactive when you detect red flags.
How To Recognize The Symptoms Of Abuse And Neglect In Nursing Homes
Being treated poorly can be scary and disheartening for nursing home residents. So a victim of nursing home abuse might be understandably reluctant to speak up about the ordeal. Abuse attorneys can watch out for the needs of your loved one, relying on Indiana law to effect change when necessary.
The Indiana Attorney General encourages family members to keep on the lookout for the warning signs of elder abuse:
Health problems are an expected complication of aging, but physical and emotional abuse can push a care victim into poorer health, jeopardizing his or her quality of life. Inform an Indianapolis personal injury attorney of elder abuse or neglect, whether suspected or confirmed.
Signs Of Nursing Home Abuse And Neglect
The signs of nursing home abuse or neglect may be difficult to seeespecially if the victim is unable to communicate clearly about their injuries. But if you have noticed signs of abuse, it may be time to contact an nursing home abuse attorney in Indianapolis who can help you investigate and understand what is happening to your loved one.
Remember that some of these symptoms could just be signs of aging, but it is important to not completely discount these warning signs without learning more.
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What Obligations Do Nursing Homes Have
As discussed above, all nursing homes have a duty of care to their residents. This means that they are required to meet certain standards and procedures and this includes properly assessing the health and needs of each resident. Each resident of the home should have their own care plan which is followed accurately, which is designed to help prevent injuries, and which ensures that the needs of each resident are met in full.
In addition, nursing homes are required to meet minimum numbers and standards with regards to staffing this includes ensuring that there is enough staff on shift and that these staff members are adequately trained to carry out the role.
Homes must regularly reassess the needs of residents and make changes and modifications to care plans accordingly. Failure to do this, or to follow the plan at all, is likely negligence, and legal claims can be made. All nursing homes also must ensure that safe, reasonable care is provided to all of their residents failure to deliver this can be followed up with a negligence claim.
How An Indiana Nursing Home Abuse Lawyer Can Protect Your Loved Ones Rights
Families should be able to trust that nursing homes and assisted living facilities are looking out for the best interests of older adults in those facilities. However, much too frequently, seniors suffer serious injuries as a result of nursing home abuse and neglect. Whether you have specific concerns about an older adult in a nursing home or you simply have suspicions that elder abuse or neglect could be happening, it is important to seek advice from an Indiana nursing home abuse lawyer.
Indiana nursing home abuse and neglect situations are challenging because they can take many different forms, and the signs and symptoms can be difficult to identify in some circumstances. Since you cannot be with your family member all the time, and especially if your loved one cannot communicate well, you may not become aware of problems for some time. When you fear your loved one has been mistreated, contact an Indiana nursing home abuse lawyer immediately.
Caring For An Elderly Parent
Lets please be honest for a moment. Caring for an elderly parent can be one of the most physically and emotionally challenging tasks someone can be faced with. Often times, an elderly parents health deteriorates quite suddenly, so learning how to provide the proper care needed brings on tremendous pressure and stress for the average person. Sometimes the care needed simply cannot be consistently given at ones own home, so the heart-wrenching decision to choose the right nursing home for your loved one is stressful, to say the least. Even though we want to be able to care for our elderly parent as long as possible, there comes a time when its simply too much to handle as a non-professional. That is why we rely and count on the high-quality care that nursing homes promise to provide to our loved ones. Unfortunately, that is not always the case, which is why it is essential to choose an attorney who has experience battling with nursing homes and their insurance companies on behalf of seriously injured elderly victims.
Nursing Home Abuse and COVID-19
The complexity of suing a nursing home over the issue of abuse can be quite gut-wrenching and emotionally wearing, so utilizing the skills of a lawyer who knows the path to a successful outcome and who will relentlessly fight to free your loved one from his/her horrible circumstances just might be a sensible decision.
Indianapolis Nursing Home Abuse Lawyer
According to the Office of the Clark County Prosecuting Attorney, over 40,000 cases of nursing home abuse and neglect are reported annually in Indiana. However, only 1 in 14 nursing home abuse cases is reported to authorities, meaning that the actual number is likely much higher.
Indianapolis is the most populous city in Indiana, home to almost 900,000 residents. Seniors account for 12.4% of the population , while people with disabilities under the age of 65 make up 10.4% .
Many of these disabled and elderly residents of Indianapolis live in nursing homes. Unfortunately, not all nursing home residents are safe from abuse and neglect in these facilities. Many receive inadequate care, while others suffer far worse from the malicious acts of caregivers, visitors, and even other residents.
Did you or a loved one suffer nursing home neglect or abuse? At Nursing Home Law Center, LLC, our affiliate Indiana personal injury attorneys can help you recover financial compensation for the injustices against you and your family.
Call our Indianapolis nursing home abuse lawyers at 926-7565 or fill out this contact form for a free consultation. All sensitive information you disclose with our legal team will remain confidential under an attorney-client relationship.
What Is Nursing Home Abuse?
The term nursing home abuse also encompasses abuse, neglect, and mistreatment in assisted living facilities, long-term care facilities, adult day care centers, and other residential care homes.
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Nursing Homes Often Provide Poor Care
As the U.S. population ages, poor treatment of residents in nursing facilities continues to be a mostly hidden problem in our society. According to the National Center on Elder Abuse , more than three million Americans reside in nursing homes, with nearly a million more in some assisted living facility.
Nearly one in three of these homes fails to meet federal standards for safety and quality of care. While the actual prevalence of nursing center abuse and neglect remains unknown, experts believe it to be quite pervasive.
The NCEA and the Centers for Disease Control have concluded that most lawsuits in nursing homes nationwide likely go unreported due to challenges in gathering accurate data and force deficiencies.
How To Choose The Right Indianapolis Nursing Home
Most nursing homes provide nursing care, 24-hour supervision, three meals a day, and assistance during daily activities. Some even provide rehabilitation services for physical, occupational, and speech therapy.
Occasionally, someone will stay at a nursing home for a short recovery window after being hospitalized, but most people are permanent residents.
You want to find a nursing home with caring staff. Always ask your doctor for recommendations. In addition, you should always:
- Consider what you want. Maybe you need therapy, delicious meals, or even hospice care.
- Talk to friends and family. See what those in your community know about the healthcare options and tour local nursing homes.
- Visit the actual facilities you are considering for you or your loved one.