When seniors are placed in the care of facilities like nursing homes, the last thing their families expect is to hear reports of abuse. Should this happen to someone you love, our lawyers can help them get justice.
Identifying abuse in nursing homes is often difficult as abuse may go unreported by victims. If a loved one in a nursing home has been acting withdrawn or has presented with unexplainable visible injuries, they might be being abused. In such instances, reporting the abuse and collecting evidence that it occurred will be vital. Our lawyers can interview witnesses, review a victim’s medical records, and assess incident reports to gather evidence of the fact that the victim was abused and that the nursing home was negligent in allowing the abuse of the resident to occur. The effect of abuse, whether physical, sexual, or financial, might cause financial and emotional damages to victims, both of which are compensable in a claim.
To schedule a free case assessment with our Kokomo, IN nursing home abuse lawyers, you can call Wruck Paupore today at (219) 322-1166.
For anyone, reporting abuse can be challenging. This is especially true for seniors living in nursing homes, some of whom might not have the resources or support system to seek help. For families of nursing home residents in Kokomo, some signs can be clear indicators that abuse is taking place.
Tell-tale signs of abuse, both physical and sexual, include visible injuries. If you notice scratches, bruises, or other injuries that cannot be explained, they could be because of intentionally inflicted abuse on the part of a staff member. Other common indications that a resident is being abused include their becoming withdrawn or isolated. They might stop readily answering your phone calls and start seeming depressed during visits. If they had a pre-existing condition, the stress or physical implications of abuse could cause that condition to worsen.
Unfortunately, establishment settings like nursing homes are high-risk environments for various kinds of abuse, including physical, emotional, psychological, and sexual abuse. This is especially true in senior living facilities, where some residents might be incapacitated or have conditions that impair their communication, comprehension, and memory.
Abuse does not always have to be physical. Residents of senior living facilities are often targets of financial abuse from staff members, which might include theft.
If you believe that someone you know is being neglected, mistreated, or abused by a staff member of a nursing home in Kokomo, report it right away and, if necessary, remove the victim from the facility’s care for their safety.
Abuse often leaves traces, whatever form it might take. Our lawyers will carefully investigate the negligent nursing home, the individual abuser, and other aspects of a case to uncover crucial evidence.
Physical abuse might leave injuries that can be confirmed through a physical evaluation by a qualified medical professional. Depending on an injury, medical experts may even be able to conclude the likely cause of that injury, such as intentional force.
Furthermore, if, while being abused, a resident was denied their prescribed medication, causing their medical condition to worsen, doctors might be able to confirm that through an evaluation. Neglect is a common form of abuse in nursing homes. Staff members might deny a victim food, causing them to become malnourished. Evidence of a victim’s malnourishment would exist in their medical records.
Abuse might not leave behind any physical evidence whatsoever because the abuse was not physical and was instead emotional. Emotional damages are very real for victims, who can build evidence of those damages by speaking with mental health professionals about their experiences.
If anyone witnessed abuse, getting their statements may be necessary. Our nursing home abuse lawyers can interview other residents of the facility in addition to staff members to learn more information about the victim’s abuse. If the facility has a video surveillance system in place, we can obtain footage that might show signs or indications of the victim’s abuse.
As seen by the seriously egregious nature of many nursing home abuse cases, victims and their families often incur a wide range of damages. Documenting damages as you or a loved one incurs them will be crucial, as such evidence will be necessary to show the losses suffered by a victim.
Abused seniors often experience psychological effects that might cause them to receive diagnoses for anxiety, post-traumatic stress disorder, or depression. These damages are categorized as non-economic damages because they are intangible and subjective, especially when compared to economic damages, which can be proven through a victim’s bills and expenses related to abuse. Those who are abused as residents of senior living facilities may consider confiding in mental health professionals, as doing so might be especially helpful regarding the recovery of non-economic damages. Mental health professionals can assess victims, give them the appropriate diagnoses, and give statements regarding how a victim’s mental and emotional well-being has been impacted by the abuse that they have experienced.
When victims are physically abused, they might need ongoing medical treatment. This might be especially true if victims have suffered permanent injuries because of abuse or if their pre-existing medical conditions have significantly worsened because of the abuse. Such damages can be compensated in a claim against a negligent senior living facility in Kokomo.
In instances where nursing home staff or administration were found to have acted with extreme negligence, victims may be eligible to recover punitive damages. According to I.C. § 34-41-3-4, punitive damages in Indiana are limited to three times the amount of compensatory damages or $50,000, whichever amount is greater.
Call (219) 322-1166 today for a free evaluation of your case from the nursing home abuse lawyers of Wruck Paupore.
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.
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