Fishers, IN Nursing Home Abuse Lawyer

As our parents and grandparents get older, we might find it hard to continue caring for them. When your loved one’s need exceeds your capabilities, a nursing home may be your only solution. Unfortunately, nursing home abuse happens more often than people realize.

If you suspect your family member suffered abuse while residing in a nursing home, you should report the abuse to the authorities as soon as possible. The police and certain state agencies should be notified immediately. A lawyer can help hold the facility responsible for your loved one’s damages, including physical injuries and emotional anguish. Depending on the situation, the nursing facility and its employees might be responsible. We will document and use evidence to prove your claims, including medical records, witness testimony, and even security camera footage.

Call our nursing home abuse attorneys at Wruck Paupore today at (219) 322-1166 for a free evaluation of your loved one's case.

Reporting Nursing Home Abuse in Fishers, IN

If you have discovered your family member being abused in their nursing home, your first step should be to get your loved one out of there as quickly as possible. Next, you should report the abuse immediately. The question many family members have is where to report the abuse.

Your first call should be to the police. Physical abuse is not just wrong; it is a crime. The police can investigate the incident and help us determine who perpetrated the abuse and how long the abuse has been going on. Family members are often horrified to learn that the abuse was happening long before they realized it.

You should also inform your loved one’s doctor when getting them medical attention. The doctor might know of resources to help you escape the abusive nursing home. Doctors are also usually required to report instances of abuse, and they can help you determine the appropriate entities to notify.

One such government entity is the Indiana Department of Health. The Department of Health oversees various aspects of healthcare facilities, including hospitals and nursing homes. If you believe your parent, grandparent, or loved one was abused in a nursing home, the Department of Health should be notified.

Filing a Lawsuit for Nursing Home Abuse in Fishers, IN

When suing for damages related to abuse in a nursing home, you must document the harms that occured. This can be difficult if you are unsure how far back the abuse goes, if there are injuries you have yet to uncover, and especially if your loved one is not in a position to clearly remember what happened. It is also necessary to determine who is legally responsible for the abuse, which can be difficult when the nursing home and employees close ranks. Once we understand the damages and know who should be held liable, our nursing home abuse attorneys can gather evidence to support your claims.

Your Loved One’s Damages

Assessing the extent of your loved one’s damages is a crucial yet difficult step in the case. Abuse may be physical, emotional, or both. As such, damages might involve serious bodily injuries in addition to psychological anguish and trauma.

To determine your loved one’s injuries, we must have them evaluated by a doctor. The doctor should be informed of the situation so they can assess your loved one accordingly. They might uncover signs of new and past injuries. Any medical bills should be added to the overall damages.

Emotional damages might be more significant than you expect. Abuse is often very traumatic, especially for nursing home residents. Many of them cannot leave the nursing home on their own, so they feel trapped with their abusers. The longer the abuse has been going on, the greater the psychological toll on your loved one. We should note any changes in demeanor or personality that indicate the emotional burden suffered by your loved one.

Who is Liable?

Abuse is a complicated matter, especially when it occurs in healthcare facilities like nursing homes. The nursing home and the staff members are unlikely to come clean about the abuse. As such, we must get the police or the Department of Health involved to investigate.

The nursing home might be liable if they knew that employees were abusive and did nothing to intervene. If the abuse resulted from negligence rather than intentional conduct, the nursing home may be held vicariously liable even if they did not know about your loved one’s injuries. Employers may be held vicariously liable for injuries caused by employee negligence if the employee was acting in furtherance of their typical job duties. In fact, Indiana law provides special protections for nursing home residents that go beyond protections for people in other areas of life because of their unique vulnerability. We can discuss how these laws apply to your situation when you contact us.

Of course, employees abusing your loved one should be held liable for their actions. In many cases, staff members are not just civilly liable but could also be criminally responsible. In these cases, a guilty plea or conviction may be admissible as evidence in your lawsuit.

Evidence of Your Claims

Evidence of abuse is sometimes difficult to obtain, especially when the abuse dates back a long time. Your loved one’s medical records are crucial to proving their injuries and damages in court. Not only do we need medical records from when your loved one was living in the nursing home, but we need records from any treatment they received after the abuse was uncovered. For example, if a doctor uncovered signs of old injuries that were never treated, we need those medical records.

If there is video surveillance footage of the incident, this can be extremely important evidence. Some states permit you to place your own surveillance camera in your loved one’s living area, even without the permission of the facility. Although Indiana has not yet adopted this law as of the time of this writing, we are hopeful that efforts to do so will soon be successful. You can request the facility allow you to place a camera in your loved one’s room if you suspect abuse, however, and if they refuse to allow it this is often a red flag that your loved one may be in danger.

Absent video evidence, abuse claims are often based primarily on witness testimony which is also very important. When one nursing home resident is being abused, there is a chance that other residents are facing similar abuse. We can speak to other residents and their families to determine if anyone knows anything about the abuse or witnessed abuse firsthand.

Call Our Fishers, IN Nursing Home Abuse Attorneys for Help

For a free review of your loved one’s claims, call our nursing home abuse lawyers at Wruck Paupore at (219) 322-1166.