Indiana Nursing Home Abuse Lawyer
Entrusting a nursing home with a loved one’s care should not lead to concerns about mistreatment. Yet, abuse and neglect occur in Indianapolis, Indiana, causing grief and betrayal. Assisted living facilities and nursing home residents in Indiana are commonly exposed to violence, leading to serious injuries, life-long trauma, and even death.
If you suspect nursing home abuse or neglect, take action to protect your family member and seek fair compensation. Advocating for your loved one also safeguards others from similar harm.
Contact our law firm and schedule a free consultation with our Indiana nursing home abuse attorney.
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Indiana Nursing Home Abuse Statistics and Facts
In Indiana, there are currently 516 nursing homes certified by Medicare and Medicaid, offering a total of 50,318 beds for skilled nursing residents.
Currently, only 3% of Indiana’s nursing homes are located within a hospital, while 77% operate as non-profit care centers.
Every year, Indiana sees over 40,000 cases of physical abuse, neglect, or medical malpractice against elderly nursing home residents. However, only 1 in 14 of these incidents are reported, suggesting the true number may be much higher.
Indiana ranks 42nd in the nation for the quality of care and services provided in its nursing homes and care facilities.
A survey of 2,000 nursing home residents revealed that 44% had experienced abuse, while 95% had been neglected or witnessed another resident being neglected.
Moreover, over 50% of nursing home staff admitted to mistreating older patients in the past year, with two-thirds of those cases involving neglect.
The National Council on Aging reports that financial abuse of the elderly in the U.S. costs between $2.9 billion and $36.5 billion each year.
What are the Types of Nursing Home Abuse Cases in Wisconsin?
Wisconsin nursing home abuse lawyers specialize in various types of cases, including:
Physical Abuse: This includes using force such as hitting or restraining a resident. It may also involve excessive use of sedatives or restraints without consent.
Sexual Abuse: Sexual assault can occur, ranging from inappropriate touching to more severe violations.
Emotional Abuse: Staff may mistreat residents by isolating them from loved ones, using harsh language, or denying them social interaction.
Financial Exploitation: Employees might exploit residents by stealing their funds, including pensions or Social Security benefits.
Neglect: Inadequate care can lead to harm such as bedsores, infections, and worsening existing conditions.
Medical Malpractice: Improper medical care, such as medication errors or failing to address emergencies, can cause harm to residents.
Wrongful Death: Lawyers may pursue cases if a resident’s death resulted from neglect, abuse, or substandard care.
How to Identify Abuse and Neglect in an Indiana Nursing Home?
Nursing home residents may struggle to express their concerns, and families might hesitate to report issues due to fear of retaliation or uncertainty about mistreatment. Look for these signs of abuse or neglect:
- Unsanitary living conditions
- Poor personal hygiene
- Strong odors of feces or urine
- Bed sores or pressure ulcers
- Signs of malnutrition or dehydration
- Injuries such as cuts, bruises, burns, or unexplained swellings
- Unusual or sudden behavior changes
- Fearfulness, agitation, or reluctance to communicate
- Depression or withdrawal
- Isolation or physical/chemical restraints
- Humiliating or derogatory comments from nursing staff
Who Can Be Held Liable in an Indiana Nursing Home Abuse Case?
In Indiana nursing home abuse and neglect cases, liability extends to those who committed abuse and those who knew but failed to act. Indiana nursing home abuse lawyers play a crucial role in investigating who is responsible, including staff, doctors, administrators, or other residents. Their goal is to seek justice and secure compensation for the harm caused by abuse or neglect.
When you file a nursing home abuse claim, the parties whom you can hold responsible include:
- Nurses, aides, and other staff who harmed patients.
- Doctors who didn’t report suspicions.
- Administrators who understaffed or covered up abuse.
- Corporate nursing home leaders who didn’t prevent abuse.
- Other residents who were involved in harm.
How to Report a Nursing Home Abuse Complaint in Indiana?
To report nursing home abuse in Indiana, you have the following options:
Online Complaint Submission:
You can submit a complaint using the online complaint form provided by the Indiana Department of Health (IDOH). Visit the Online Complaint Submission form.
Phone:
Call the Toll-free Complaint Report Line during state business hours at 1-800-246-8909. If the line is busy or you are calling outside of business hours, you may leave a message on the secure voicemail line at 317-233-7241. Remember that all complaints are kept confidential, and the IDOH does not release the name of the complainant.
Required Information:
When submitting a complaint, you will need to know the name of the facility or entity and its address (including city or town).
- Additional helpful information includes:
- Name of any affected resident, patient, or client.
- Name of staff members or facility/entity personnel involved.
- Date and time of the alleged incident.
- A brief description of your concern.
Investigation Process:
- Within 7-10 business days of submitting your complaint, you’ll receive a letter verifying that it was received and will be investigated.
- A state surveyor will conduct an unannounced investigation at the facility or entity.
- After the investigation, you’ll receive the findings by mail.
Remember that reporting abuse is crucial for ensuring the safety and well-being of nursing home residents. If you suspect abuse, don’t hesitate to take action and report it promptly.
Time Limits for Filing Nursing Home Abuse Claims in Indiana
In Indiana, you have two years to file a lawsuit or claim related to nursing home abuse. This statute of limitations applies to personal injury and wrongful death cases. Acting promptly helps protect your legal rights and preserves crucial evidence.
An Indiana nursing home abuse lawyer can guide you through the legal process, helping you understand your rights and options. They can gather evidence, negotiate with insurance companies, and fight for your loved one’s best interests. By working with an attorney, you strengthen your case and increase the likelihood of fair compensation.
What Types of Compensation Can I Recover in a Nursing Home Abuse Claim?
Compensation for Indianapolis nursing home abuse cases varies based on the victim’s specific injuries or losses. Three primary categories of compensation include:
Economic Damages: Cover financial losses like medical bills, medication costs, therapy expenses, and theft of personal belongings.
Non-Economic Damages: Address emotional distress, mental anguish, loss of enjoyment of life, and companionship loss.
Punitive Damages: Aim to penalize intentional wrongdoing by the defendant and prevent future abusive conduct.
Collecting evidence is essential to build a robust case against negligent nursing homes for seeking maximum compensation from their insurance companies.
What are the Rights of Indiana Nursing Home Residents?
The Indiana State Department of Health establishes the basic rights of nursing home residents in the state. Nursing home residents in Indiana have several rights to ensure their physical and mental well-being. Their rights include:
- Access and understand their rights.
- Learn about services and costs.
- Take part in care planning and refuse treatment.
- Maintain privacy and confidentiality of their records.
- Manage their finances and keep personal belongings.
- Be free from abuse, neglect, and inappropriate use of restraints.
- Voice complaints without fear of punishment, such as being discharged.
- Communicate openly with chosen people.
Remember that some nursing home residents may be suffering from Alzheimer’s disease or mental disability, which may prevent them from reporting abuse or neglect incidents. Hence, ensure you identify signs of mistreatment and report them to the regulatory bodies.
How Indiana Nursing Home Abuse Attorneys Help You Fight for Your Rights
Nursing home abuse attorneys at the Injury Lawyer Team offer a free consultation to clients for discussing possible legal options crafting a legal strategy to pursue your claim in state or federal court. This free case evaluation helps us to assess the feasibility of your nursing home abuse lawsuit.
We will guide you through the legal process, helping with all aspects of your lawsuit, with the following actions:
Investigation: Once you have hired a nursing home abuse lawyer from our law firm, we begin by scrutinizing the nursing home’s compliance with federal laws and local regulations and building a strong case.
Claim Filing: We file a legal claim against the responsible Indiana nursing home, and notify the facility and its staff about the accusations against them.
Discovery Phase: Your nursing home abuse lawyer and the facility exchange key information such as documents, depositions, and evidence.
Evidence Collection: Our nursing home abuse attorney works with medical experts to evaluate your loved one’s injury claims. We gather evidence like medical records, witness statements, financial documentation, and notes of conversations with other residents and staff members.
Negotiation and Mediation: Many Indiana nursing home abuse cases are settled out of court to avoid reputational harm. Your lawyer represents your interests in these discussions.
Settlement Agreement: If the case is resolved outside of court, our law firm secures fair compensation for your loved one’s injuries.
Court Representation: When settlement is not possible, your nursing home abuse lawyer represents you in court, guiding you through the trial.
Hire an Experienced Nursing Home Abuse Attorney to File a Lawsuit
Did you or an elderly person in your family suffer serious injuries or abusive behavior from nursing staff members or doctors? Are you planning to sue the responsible Indiana nursing home and recover damages for the victim? If yes, then our legal team is here to assist you.
Nursing home abuse attorneys at the Injury Lawyer Team, sponsored by Rosenfeld Law Offices, specialize in fighting personal injury cases related to abuse or neglect in Indianapolis, Indiana. We investigate the case deeply, gather powerful evidence, negotiate with the insurance company of nursing homes, and if needed, fight your case in court trials.
Contact us today at (888) 424-5757 to schedule a free consultation. We work on a contingency fee basis, meaning you won’t pay anything until our Indianapolis nursing home abuse lawyers resolve your case.