Indiana Elder abuse or neglect can result in economic losses as well as non-economic related suffering.
Compensation for Indiana nursing home abuse or neglect can include money for:
Understanding Nursing Home Negligence
When it comes to choosing a nursing home for a loved one, the decision is fraught with concern and the hope that they will receive the best care. However, when nursing homes fail in their duty of care, the consequences can be devastating, not just for the elderly resident but for their entire family. In Indianapolis, nursing home negligence is a pressing issue, prompting many to seek legal recourse to address the injustices faced by some of the most vulnerable members of our community.
What Is Nursing Home Negligence?
Nursing home negligence occurs when care facilities fail to provide the standard of care expected, leading to harm or significant risk of harm to residents. This negligence can manifest in various forms, including physical abuse, emotional abuse, neglect, and financial exploitation. The implications are profound, affecting not only the physical health of residents but also their emotional well-being.
Common Signs of Nursing Home Negligence
- Unexplained injuries or frequent accidents
- Changes in behavior or emotional withdrawal
- Unsanitary living conditions
- Instances of wandering or elopement
- Rapid weight loss or signs of malnutrition
- Lack of friendly interaction between staff and residents
The Emotional and Legal Struggles Faced by Families
Discovering that a loved one has been the victim of negligence can lead to a cascade of emotional and legal challenges. Families often grapple with feelings of guilt, anger, and helplessness, compounded by the complexity of navigating the legal system to seek justice. The emotional toll can be overwhelming, making it difficult to know where to turn or how to proceed.
Legal Challenges in Nursing Home Negligence Cases
The legal landscape surrounding nursing home negligence is complex, involving multiple layers of regulations and standards that vary by state. In Indiana, proving negligence involves demonstrating that the care facility breached its duty of care and that this breach directly caused harm. This requires a thorough understanding of both state laws and the healthcare system, which can be daunting for those without legal expertise.
Why Legal Representation is Crucial
Given the complexities of the law and the powerful interests at play in the healthcare industry, having skilled legal representation is crucial. A knowledgeable lawyer can navigate the maze of legal requirements, advocate for the victim's rights, and ensure that families receive the compensation and justice they deserve.
How StewartWood Injury Lawyers Can Help
At StewartWood Injury Lawyers, we understand the profound impact that nursing home negligence can have on families. Our team of experienced lawyers, along with medical experts and investigators, is dedicated to providing the support and legal expertise needed to navigate these complex cases.
Comprehensive Case Evaluation
Our approach begins with a thorough evaluation of your case. We review medical records, consult with healthcare professionals, and investigate the nursing home's operations and standards. This comprehensive analysis helps us to identify breaches in duty of care and gather the necessary evidence to build a strong case.
Personalized Legal Strategies
Each case of nursing home negligence is unique, and so are the legal strategies we develop. Our team tailors its approach to the specific circumstances and needs of each client. Whether negotiating a settlement or representing families in court, our goal is to achieve the best possible outcome for those affected by negligence.
Empowering Families Through Legal Expertise
Dealing with the aftermath of nursing home negligence is challenging, but families don't have to face it alone. StewartWood Injury Lawyers empowers clients by providing not only legal representation but also emotional support throughout the legal process.
Educating Clients on Their Rights
Part of our commitment to clients involves educating them about their legal rights and the options available to them. By understanding the legal landscape, families can make informed decisions about how to proceed with their cases.
Advocating for Justice and Compensation
Our legal team vigorously advocates for the rights of our clients, seeking justice and compensation for the harm done to their loved ones. We strive to hold negligent facilities accountable and work to ensure that similar acts of negligence are prevented in the future.
Frequently Asked Questions About Nursing Home Negligence
What Are the Common Signs of Nursing Home Negligence?
Common signs of nursing home negligence include unexplained injuries, changes in behavior or emotional withdrawal, unsanitary living conditions, instances of wandering or elopement, rapid weight loss, and lack of friendly interaction between staff and residents. If you notice these signs, it may be time to consult with a lawyer.
2. How Do I Know if My Loved One Is a Victim of Nursing Home Negligence?
If you suspect that your loved one is a victim of nursing home negligence, look for physical, emotional, or behavioral changes. Unexplained injuries, sudden weight loss, poor hygiene, and changes in mental state can be indicators. Consulting with a nursing home negligence lawyer can help you determine if legal action is necessary.
3. What Legal Steps Should I Take if I Suspect Nursing Home Negligence?
If you suspect nursing home negligence, document any signs of abuse or neglect and gather evidence such as medical records and photographs. Report your concerns to the nursing home administration and contact a nursing home negligence lawyer to discuss your legal options. Your lawyer will guide you through the process of filing a claim.
4. How Long Do I Have to File a Nursing Home Negligence Claim in Indianapolis?
In Indiana, you generally have two years from the date you discover the negligence to file a claim. This timeframe may vary based on specific circumstances, so it is important to consult with a lawyer as soon as possible to ensure that your claim is filed within the statute of limitations.
5. What Compensation Can I Receive for Nursing Home Negligence?
Compensation in nursing home negligence cases may cover medical expenses, emotional distress, pain and suffering, and, in some cases, punitive damages. The specific compensation depends on the details of your case, including the extent of harm caused by the negligence. Your lawyer will work to ensure you receive fair compensation for your losses.
Home abuse or neglect can result in economic losses as well as real suffering.
Few subjects are more grim than Indiana nursing home abuse and neglect. When a loved one makes a transition from the home environment to a nursing home, retirement community, or long-term care center, we want to feel reassured that they will be treated with the love and respect they deserve. Unfortunately, when brochures feature cozy apartments, arts & crafts, community events, and dining facilities. Indiana nursing home abuse and neglect is a real problem affecting nursing home residents and their loved ones. This is not to say that the state of Indiana is without upstanding nursing homes and caring nursing home employees. It is important to ensure that nursing home residents and their loved ones understand the rights of residents and the responsibilities of nursing homes. When those rights are abused, or when nursing homes fail to meet state-mandated responsibilities, there exists legal recourse. If you suspect your loved one has been the victim of nursing home abuse or neglect, contact a dedicated Indiana Nursing Home Abuse Law Firm.
Take the First Step Towards Justice
If you suspect that a loved one has been a victim of nursing home negligence in Indianapolis, do not hesitate to seek legal help. Contact StewartWood Injury Lawyers today at david@StewartWoodWins.com to schedule a consultation. Let us help you take the first step towards securing justice and compensation for your family. Together, we can strive for a resolution that honors the dignity and rights of your loved one.
When the STEWARTWOOD INJURY LAWYERS take a case, we dedicate our time and resources to:
Research
Examining the claim and obtaining evidence such as medical records, witness testimonies, resident files, photos of the injuries and living conditions
Communication
Speaking with staff to inform them of the situation and ensuring all parties involved cooperate in the investigation
Compensation
Pursuing the maximum compensation your loved one deserves
Indiana Nursing Home abuse is a serious problem that can lead to death in some cases.
The nursing home abuse lawyers at STEWARTWOOD, are dedicated to helping families who find themselves and their loved ones in this difficult situation.
Our experienced nursing home negligence lawyers work on a contingent-fee basis, which means you don’t pay us unless we win your case.
Call (317) 969-6558 today, or contact STEWARTWOOD ATTORNEYS online for a FREE consultation.
Falls
The CDC says about 1,800 people living in Indiana nursing homes die each year from falls. Falls in the elderly can be linked to frailty, chronic illness and the effect of certain medications. Falls often occur because nursing home patients are not properly supervised by staff or properly assisted when they have mobility issues.
Infections
The Clostridium difficile, or C. difficile, infection is a health care-associated infection (HAI) linked to 14,000 deaths in the U.S. each year, the CDC says. More than 90 percent of those deaths occur in people age 65 and older, and almost 75 percent of C. difficile cases first show up in nursing home patients or in people recently cared for in doctors’ offices and clinics.
Bed sores
These wounds are also known as “pressure ulcers,” “pressure sores” or “decubitus ulcers.” They can also lead to infection. The CDC says about 159,000 nursing home residents in the U.S. Medication Errorssuffer from bed sores. Some bedsores are the result of medical negligence. Stage IV bedsores are considered “never events” by Medicare and are usually the result of medical negligence.
Medication Errors
A CDC survey found that nearly one-half of all nursing home residents took nine or more medications. Taking many medications concurrently is broadly defined as “polypharmacy.” While polypharmacy in itself may not be a threat, as the number of prescribed medications increases, the opportunity for an inattentive nurse or another staff member to make a mistake increases as well.
General neglect or abuse
Far too often, Indiana nursing home patients die because they simply were not cared for properly. Many times, nursing home residents are not fed properly and suffer from malnutrition or dehydration. Some patients are left unsupervised, which can lead to falls or wandering off. Because of their disease or dementia, some patients may be improperly restrained or proactively abused (slapped or otherwise physically harmed). This leads to premature degeneration and death. Some Indiana nursing home residents are sexually abused.
Recognizing Signs and Symptoms of Indiana Nursing Home Abuse and Neglect
You can protect your loved ones from further Indiana Nursing Home abuse and neglect by learning to recognize the signs and symptoms of abuse and neglect. Because older people, especially those who are older or have dementia, other disabilities, are afraid of retaliation and are generally fearful of the abuser. You cannot expect them to speak up to you or to others about abuse and neglect they are facing. It is up to all of us to bring the abuse to a stop. If you suspect abuse but are not sure, contact a lawyer and the proper authorities at once. It is never wrong to be careful in these situations, as Indiana Nursing Homes abuse and neglect have serious implications with the quality of life and life expectancy of older people. Signs of physical abuse are as follows:
- Injuries that are unexplained or denied by the older person;
- Bruising, cuts, broken bones, sprains, burns, scrapes, pressure marks from grabbing, and other injuries (especially when they are on both sides of the body); and/or
- The older person flinches, cowers, or attempts to hide in the presence of certain staff.
Signs of neglect:
- Unattended medical needs and wrong prescriptions;
- Bedsores and/or unclean bedding;
- Dirty clothes and disheveled appearance; and
- Drastic or unusual weight loss.
Signs of financial abuse:
- Unexplained bank account withdrawals;
- Bounced checks;
- Unusual and unexpected new “best friends,” especially when there is a large age difference; Secretism; and
- Unusual changes in a will or estate.
Signs of emotional abuse from being yelled at, taunted, teased, belittled, and being treated like a child often coincide with signs of neglect and physical abuse. Many types of sexual abuse, such as any unwanted touching, groping, kissing, and nonconsensual sex also create behavioral issues and physical telltales that are similar to the signs of emotional and physical abuse in Indiana Nursing Homes.
If you or your loved one pursues legal action, records and documentation of losses will be critical to the case. Keep important documents, take pictures, and track any monetary expenses related to the injury or suffering.
2 in 3 Caregivers Admit to Indiana Nursing Home Abuse
A recent study found 64% of caregivers (2 in 3) admitted abusing nursing home residents in the past 12 months. Nearly 1 in 4 nursing home residents in 2020 were physically abused by staff in 2020, according to the National Center on Elder Abuse. In 2019, 1 in 5 nurses surveyed said they were unable to provide necessary patient care to nursing home residents. If someone you love is injured by nursing home abuse or neglect, we can help you seek the justice and compensation you deserve.
Indiana Nursing homes provide numerous aspects of care to patients who might not be able to care for themselves. From administering medication to assisting with daily living needs, nursing home patients rely on staff members to care for them. Not all nursing homes are taking care of their patients. Abuse and neglect seem rampant in nursing homes throughout Indiana and the rest of the country. Many patients and their families want to know when they should take action against the abuse.
You can sue a nursing home under several circumstances, most cases involve abuse and reckless care. Staff members might be deliberately and maliciously abusing your loved one and try to intimidate them into staying silent. Other times, the home is neglectful, and patients suffer because of unintentional carelessness. Anytime a patient is injured or dies, a lawsuit may be in order.
If you believe your loved one is suffering from abuse or neglect in their nursing home, speak to our Indiana nursing home abuse lawyers immediately. We can help you report the abuse, have it investigated, and file a lawsuit against the responsible parties.
Does Indiana Have Any Special Laws Regarding Medical Malpractice?
The answer is yes! Before filing a claim, three special MMA requirements must be followed or understood.
1. The first requirement is that a patient who wants to file a medical malpractice claim must initially meet with a Medical Review Panel (MRP) before filing the claim in an Indiana court. This panel, comprised of three Indiana health care professionals, helps to determine the legitimacy of the claim. Indiana is among seventeen states who offer this service and the findings therein can be extremely helpful to plaintiffs seeking a suit. The opinion of the review panel does not prevent a plaintiff from filing, but the findings can be used in a court trial. So, it’s important to take this review seriously, so you can likewise be taken seriously in court.
2. The second requirement is the amount of damages a patient can be awarded. This amount was amended in 2019 to include a 3 million dollar increase and is currently capped at 1.8 million dollars. This money comes from the Indiana Patient’s Compensation Fund and consists of surcharge funds taken from the medical malpractice insurance of a hospital or medical practice. This fund experiences yearly rate and penalty changes.
For instance, the 2021 surcharge rate decreased for physicians by 1.65%, but increased for hospitals by 2.1%. These fluctuations have a direct correlation to how much money is in the compensation reservoir for those who are owed money for damages in a medical malpractice suit.
The final important requirement of the MMA is the statute of limitations. Injured patients must file a claim within two years of the date of injury. Though, experienced Attorneys advise those injured in a medical context to start the claim process as soon as possible. If a person does not file a medical malpractice claim within those two years, he or she will not be eligible for injury compensation.
How Long Do I Have to File a Nursing Home Abuse Lawsuit in Indiana?
If you want to file a lawsuit against the nursing home in Indiana and staff that you believe abused your loved one, you must do so within a specific amount of time. Statutes of limitations are laws that place deadlines on filing lawsuits. Different types of lawsuits might have different statutes of limitations. For personal injury cases, including nursing home abuse, the statute of limitations is 2 years from the injury or death.
This deadline applies to standard abuse and neglect cases and wrongful death cases in Indiana. Some states have different statutes of limitations for wrongful death, but Indiana generally places wrongful death and general personal injury statute of limitations together.
That said, there may be some unique circumstances where you need to act much more quickly than 2-years to preserve your rights. It is important to act as quickly as possible, but just to preserve the right to bring a lawsuit but to make sure that critical evidence is not lost.
Not letting Indiana nursing homes get away with negligence
When it comes to finding a nursing home for their loved ones, families do everything they can to find an environment that feels supportive and safe. And yet, despite these efforts, many residents sadly become the victims of nursing home abuse or neglect.
Every year, numerous families are impacted by nursing home abuse, with a significant number of abuse cases reported. In 2020, more than 15,000 complaints filed with Indiana nursing home ombudsmen were related to abuse or elder neglect.
According to a recent study, approximately 24.3% of residents experienced at least one instance of physical abuse while in an Indiana nursing home or skilled nursing facility.
Indiana Nursing home residents may suffer physical, sexual, emotional, or financial abuse from a caregiver, staff member, or even a fellow resident. The abuse may even take the form of neglect, which is when a Indiana resident is harmed by substandard or improper care.
While neglect may not involve the same level of physical violence as other types of Indiana nursing home abuse, its impact on the physical and mental health of older adults can be equally detrimental.
Recognizing that victims of Indiana nursing home neglect have the right to pursue legal recourse is essential.
If you suspect Indiana nursing home neglect or abuse, it is crucial to consult a Indiana nursing home abuse lawyer as soon as possible.
Sprains or broken bones
Burns or bruises mysteriously appearing
Repetitive injuries
Torn or bloody clothing
Bruising around the genital area
Sudden changes in behavior
Onset of depression or confusion
Changes in legal documents or bank statements
Unexplained loss of weight
Loss of appetite
Appearance of bedsores
Skin rashes, messy clothes, or dirty hair
If you notice any of these signs, you should immediately report them to the appropriate parties. Furthermore, Indiana law requires reporting when ANYONE suspects an older or disabled adult is being abused, neglected, or exploited. The reporter’s name is kept confidential, and they’re protected from civil and criminal liability if they reported in good faith.
Adult care homes
Contact the victim’s county Department of Social Services for suspected abuse.
Nursing facilities
Contact the Indiana State Medical Licensing Agency
Filing an Indiana Lawsuit for Nursing Home Neglect
Another possible cause of action for a lawsuit against a nursing home is neglect in Indiana. Abuse and neglect are often lumped together, and the terms are used interchangeably. While abuse and neglect often go hand-in-hand, they are different forms of mistreatment. Neglect is often unintentional and tends to happen over time. Where abuse tends to be malicious, neglect might be due to carelessness, laziness, incompetence, or even policies enforced by the nursing home.
Some signs of neglect include malnutrition from missing meals, worsening medical conditions from missing medication doses, bedsores, and poor hygiene. Neglect often occurs when a nursing home fails to take care of a patient's daily needs, like nutrition, medication, and general safety.
You will fare best if you, too, have a lawyer experienced with nursing home fatalities in Indiana investigate whether there has been medical negligence. It is important after someone dies in a suspicious manner to take immediate action so that decisions about an autopsy can be made and records are obtained before they can be misplaced or destroyed. An experienced Indiana nursing home death attorney knows the important steps to take and how to work around uncooperative nursing home officials.
Suing a Nursing Home in Indiana for Wrongful Death
Another good time to sue a nursing home is when a patient dies in its care. Nursing home deaths are fairly common, as patients tend to be older and suffer from health complications. However, not all nursing home deaths are due to natural causes. Abuse and neglect may lead to the victim's death, and their family can sue for wrongful death. Speak with our Indiana nursing home attorneys and Indiana Wrongful Death Attorneys about when you can file a wrongful death lawsuit.
It is important to remember that damages in a wrongful death lawsuit in South Bend, are somewhat different from ordinary personal injury cases. A wrongful death lawsuit in Fort Wayne may compensate damages suffered by their surviving family and estate. This means you can get a Indiana wrongful death lawsuit started if you suffered because of the death of your loved one in a Indiana nursing home.
Older adults in Indiana who become residents of nursing homes or “comprehensive care facilities” often live out the rest of their lives there. The Centers for Disease Control and Prevention (CDC) says there are about 1.5 million nursing home residents in the U.S., including 39,167 Indiana residents. The CDC also says one in five U.S. deaths occur in nursing homes.
There is a huge difference in a natural death under medical care in a Indiana nursing home and fatal accidents caused by assisted living neglect. Unfortunately, Indiana is considered one of the worst offenders in the nation for serious healthcare deficiencies against the elderly. An August 2012 ABC News report in South Bend found 5,185 reports to Medicare.gov for inadequate care in Indiana nursing homes over the previous year.
When a loved one is severely injured or a nursing home death happens prematurely because of actions or inaction on the part of the nursing home staff, the family of the deceased patient deserves to know what happened and why. They also deserve to be compensated if nursing home abuse or negligence is found. Usually the family’s only recourse is to pursue a medical malpractice action or wrongful death lawsuit on behalf of their loved one.
How Indiana Nursing Home Fatalities Occur
It is a hard but often necessary decision to turn the care of a loved one over to the staff of a nursing home. In Indiana, nursing homes are regulated by the Division of Long Term Care of the Indiana State Department of Health. They are supposed to be safe and caring environments for our loved ones’ final days. Often, that is not the case.
Our Indiana Nursing Home Abuse Attorneys Are Here to Help
If your parent, grandparent, sibling or other loved one suffered physically or emotionally while living in a Indiana nursing home, you may be able to sue the nursing home for damages and hold them accountable. This may include instances where your loved one may suffered physical or emotional abuse or if the victim died from the abuse.
Signs of Indiana nursing home abuse or negligence
While it is unfortunate that Indiana nursing home abuse and neglect occurs, it is important that you watch for signs and be aware of the treatment being provided. Indiana Nursing home abuse and neglect are not just limited to physical harm. It can also include emotional abuse, such as yelling at a resident or bullying them.
Some of the more frequent signs of Indiana nursing home negligence and abuse include:
Weight loss
This may be a sign of nursing home neglect because your loved one may not be receiving the necessary type or amount of food.
Inattentive staff
If you notice that the staff is ignoring problems or requests, it can be a sign of nursing home neglect.
Poor personal hygiene
If, for example, baths aren’t being provided on a regular basis, this can show that the nursing home has been neglecting care for its elderly residents.
Unsanitary facility
The nursing home facility must be clean and well maintained. Letting trash build up, having dirty restrooms, having a dirty kitchen area – all of these can be signs that the nursing home is guilty of negligence
Bedsores
Bed-ridden people need to be moved so that prolonged pressure on the skin does not cause bedsores. Bedsores are fairly common in nursing homes, but in some cases, they may be signs of nursing home negligence.
Bruises
If your loved one is suffering from unexplained or frequent bruising, it could be an indication that the nursing home staff is mistreating them. This would be considered physical abuse.
Falling
Proper nursing home care should help prevent residents from falling and getting injuries. If you see any nursing home residents falling, or hear reports of a loved one who fell, it may be a sign of nursing home negligence.
Restraints
Restraints used in nursing homes can be physical, like placing a resident in a wheelchair in front of a wall, or chemical, with excessive drugging. Restraining residents is all too common and can indicate negligence.
Being non-communicative or withdrawn
If your loved one seems distant and unresponsive, it may be a sign of emotional nursing home negligence. They may be getting yelled at by nursing home staff and have become afraid to speak up.
Strange behavioral changes
If your loved one adopts strange or unusual behaviors like biting or rocking in place, it can be a sign of emotional nursing home negligence.
Vague explanations from staff
If the nursing home staff only provide vague or uninformed reasons when you present your concerns regarding possible neglect on their part, they might be trying to cover it up.
Nursing home negligence is a very serious problem that should be stopped as soon as possible. If you notice any of these or other signs that could be nursing home negligence, contact STEWARTWOOD INJURY LAWYERS immediately. Your loved one’s health and life may be at stake.