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When you take the time to select a nursing home to meet the needs of your loved ones, you rely on that facility to protect them and keep them safe. When that trust is broken and abuse happens to a senior in your life, call our attorneys.
Nursing home abuse in Indiana can take many forms, including neglect, emotional abuse, financial exploitation, physical abuse, and sexual assault. These types of abuse might cause serious damage to seniors in Indiana, such as physical injuries, financial losses, and emotional distress. Contact our attorneys immediately if you have recognized signs of nursing home abuse in your loved one. Our lawyers can advise you on notifying authorities and can file a nursing home abuse lawsuit against a negligent facility or staff so that you can help your loved one get the justice they deserve in Indiana.
To schedule a free and confidential case evaluation with the nursing home abuse and injury lawyers at Wruck Paupore, call today at (219) 322-1166.
Nursing homes are meant to be places where professionals care for our older loved ones, who can no longer care for themselves. People are usually a bit uncomfortable with the idea of dropping their parent or grandparent off at a nursing home, but sometimes their needs are simply beyond our capabilities. We depend on nursing homes to step in and care for our family members. Unfortunately, nursing homes might betray our trust and cause harm to our loved ones. There are cases of older nursing home patients being injured by inattentive or uncaring staff every year. If your parent or grandparent was the victim of abuse while in a nursing home, you should hold the nursing home accountable.
Nursing home abuse can be extremely serious. Nursing home patients tend to be much older and have numerous health issues. That is why they are placed in nursing homes to begin with. Even slight acts of abuse, like being late with medication, may have dire consequences for vulnerable patients. Nursing home abuse can lead to injuries like bedsores, bone fractures, malnutrition, and dehydration. You may need to seek out costly medical treatment for your loved one to recover from the abuse inflicted upon them at the nursing home.
You and your loved one should not have to pay for the mistakes of others. Abusive nursing homes must be held responsible for your parent or grandparent’s injuries. Our nursing home abuse and injury lawyers can help you hold an abusive nursing home liable for your damages.
Seniors are unfortunately subjected to several types of abuse while patients at nursing homes in Indiana. While it can be, abuse is not always physical, which is why family and loved ones should learn about the various forms of abuse common in nursing homes in Indiana.
Neglect is one of the top examples of nursing home abuse in Indiana. Neglect might include nursing home staff failing to help seniors with personal hygiene and self-care, leaving seniors in soiled clothing for long periods of time, or failing to provide seniors with the necessary nutrition, among other negligent acts.
Emotional abuse might include making threats and accusations against nursing home patients in an attempt to control or insult a senior. Isolation from other seniors often occurs when patients are emotionally abused in nursing homes in Indiana.
Nursing home staff might exploit a senior’s financial situation while they are a patient, stealing from them or otherwise convincing them to give money or valuable personal items through threats or intimidation.
Unfortunately, sexual abuse is one of the most common types of nursing home abuse in Indiana. Staff members might make unwanted sexual contact with patients, including those unable to consent to sexual activity because of their mental state. Sexual and physical abuse might occur simultaneously, especially if a nursing home staff member uses physical intimidation to sexually assault a patient.
Nursing home abuse may take many different forms, and it can be difficult to detect when your loved one is abused. Some injuries may be physical and outwardly visible when you visit your loved one. Other injuries may be internal or even psychological, and they might not be immediately apparent when you visit the nursing home.
The following are some common injuries from nursing home abuse:
Injuries can be physical or emotional. Being abused in a nursing home can, of course, leave physical injuries on patients. However, it is important to remember the unique position of nursing home patients. While an ordinary person could get up and leave an abusive situation, nursing home patients are not so lucky. Many victims of nursing home abuse suffer psychological and emotional trauma from being trapped in a physically painful situation.
Stopping nursing home abuse requires identifying injuries and bringing them to the attention of the nursing home staff. If you see your loved one with new injuries, you should immediately question staff about how the injuries occurred. Sometimes, injuries are caused by normal accidents, not abuse. Other times, patients are being abused and harmed.
You can bring your loved one to a doctor of your choice and have their injuries checked out. A medical professional might be able to help you determine if the injuries were caused by abuse. If they were, you should call a lawyer to help you hold the nursing home liable and stop future harm. To further protect your loved one, remove them from the care of the negligent nursing home. Our nursing home abuse and injury lawyers are here to help.
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 should also 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 often takes can be enormous. Not only that, but your loved one may require expensive medical treatment. Our nursing home abuse and injury lawyers can gather records and evidence and file a lawsuit to claim compensation for your loved one’s injuries and damages.
Knowing when to file a lawsuit for nursing home abuse in Indiana is important. There is a statute of limitations for these cases, which, if missed, might bar a victim or their family from recovery.
The consequences of nursing home abuse are often extreme for victims and their families in Indiana. If you recognize signs of emotional, physical, sexual, or other abuse in your loved one, contact our nursing home abuse and injury lawyers immediately. Our attorneys can investigate your case immediately to uncover the truth about your loved one’s experience.
Quick action is important, as the statute of limitations for nursing home abuse lawsuits in Indiana is two years maximum, but in some instances may be much shorter. In the unfortunate circumstance that your loved one died because of the abuse they experienced while in a nursing home’s care, the filing deadline is also often two years. However, if the home is operated by a government entity (as many in Indiana are), you may be required to provide detailed legal notice of your claim in a matter of months after the incident. For this reason, and to make sure that important evidence is preserved and documented, it is critical to seek legal help soon after you learn what is happening.
While it can be difficult to face the realities of nursing home abuse and recognize it for what it is, it is crucial to reach out to our attorneys as soon as possible. Nursing homes in Indiana might try to discount claims of abuse or neglect to save their reputations and prevent additional investigations into their practices. Critical evidence may be lost the longer time goes on, including video footage and witness testimony from other residents and nursing staff members. The sooner you act, the better, so that we can get justice for you and your loved one.
Several parties may be liable for the abuse your loved one endured while in the care of a nursing home in Indiana. Our attorneys can help you determine fault so that you can hold the appropriate parties accountable.
Depending on the type of abuse your loved one experienced, the nursing home they are a patient at may be liable. For example, suppose a nursing home had poor oversight or procedures that encouraged or allowed abuse from staff members. In that case, a nursing home might be liable for the abuse your loved one experienced.
Individual staff members may also be liable for nursing home abuse in Indiana. If a patient was sexually assaulted or physically abused by a specific staff member, they might be directly responsible for the abuse.
Typically, nursing homes are at least partially liable for the abuse of patients, as they are responsible for hiring and overseeing staff and ensuring they uphold their duty of care to patients. If you are unsure who is responsible for the wrongs done to your loved one, contact our nursing home abuse and injury lawyers.
Filing a lawsuit for nursing home abuse requires proof of abuse. While we all might have an idea of what abuse looks like, four legal elements must be fulfilled to prove a nursing home abuse case in an Indiana court.
First, we need to prove that the nursing home owed your loved one a legal duty of care. Considering it is the very job of a nursing home to care for their patients, this duty or legal obligation should not be too difficult to prove. However, the nursing home might attempt to argue that they were not fully aware of your loved one’s needs or the extent of those needs. We will need to show that the nursing home knew what kind of care your loved one required to establish the legal duty.
Second, we need to prove that the nursing home breached or violated its legal duty to care for its patient. This breach might be a single act that caused injuries or repeat actions that caused injuries over time.
The third element we must prove is causation, which serves as the link between the breach of duty and your loved one’s injuries. Proving causation means showing that the abuse was the direct cause of the injuries, not some other factor.
Finally, we need to show your loved one suffered actual damages. This can be achieved by using medical records to prove physical injuries and even information from a psychiatrist or therapist to prove emotional suffering. For help proving your case and recovering damages, call our nursing home abuse and injury lawyers.
If you or a loved one was a victim of nursing home abuse in Indiana, you might be able to recover compensation in a lawsuit against a negligent party. Depending on the specifics of your case, our attorneys can help you claim compensation for economic, non-economic, and possibly punitive damages in Indiana.
When nursing home abuse occurs, victims often suffer financial damages. Physical and sexual abuse might cause injuries to patients in nursing homes, and neglect might lead to worsened medical conditions. Victims who incur economic damages due to nursing home abuse can recover compensation for those financial losses with help from our attorneys.
Our nursing home abuse and injury lawyers can also help victims recover compensation for non-economic damages. Abuse from nursing home staff might lead to serious emotional and mental issues, such as post-traumatic stress disorder, anxiety, and depression. These mental health conditions can profoundly affect any victim of abuse, especially seniors. Compensation for pain and suffering is typically available in nursing home neglect cases in Indiana.
In Indiana, punitive damages may be available in cases of gross negligence. Often, nursing home neglect cases fall under this category. Punitive damages may be used to punish a defendant for the gross negligence they exhibited while abusing your loved one and dissuade them from engaging in similar acts in the future.
Unfortunately, nursing home abuse might lead to a patient’s untimely death. In that event, a victim’s personal representative might be able to recover compensation for certain family members by filing a wrongful death case in Indiana.
To schedule a free and confidential case evaluation with the nursing home abuse and injury lawyers at Wruck Paupore, call today at (219) 322-1166.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
Contact Us:
Wruck Paupore P.C.
Injury Lawyers
275 Joliet St. Suite #250
Dyer, IN 46311
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