While we rely on nursing homes to provide care where we cannot, this is not always what happens. Abuse is not an uncommon problem in nursing homes, and residents facing abuse might be in serious danger. An attorney can help you and your family get justice if your loved one experiences abuse.
If your family member was abused while living in a nursing home, they may be entitled to fair compensation. Spotting the signs of abuse may be difficult, and your loved one might not be in the right state of mind to stand up for themselves and stop the abuse on their own. It is important to contact the authorities and a lawyer as soon as you realize the abuse, as you have limited time to file a civil claim for damages. We need as much time as possible to gather evidence to prove your claims, including medical records, security camera footage, nursing home records, and anything else that might help us prove your claims.
For a free, private case review, call Wruck Paupore at (219) 322-1166 and ask our nursing home abuse lawyers for help.
Nobody wants to leave their loved ones in a nursing home, but sometimes, we are not equipped to care for them in the way they need. We often turn to nursing homes and similar long-term care facilities to care for our loved ones when we cannot. Since nursing home residents are so vulnerable, exploitation and abuse are serious problems.
If you discover or suspect that your loved one is being abused in a nursing home, it is imperative that you act fast to get them help. Our nursing home abuse attorneys will help you alert the police and have your loved one removed from the nursing home. Have them evaluated by a doctor to determine if they have any injuries from the abuse, including old injuries that might have been covered up and never reported or treated.
Nursing home abuse cases often involve criminal charges against nursing home staff members and administrators, depending on the situation. As such, you must contact the police and report the abuse so they can investigate and possibly arrest the abusers. Not only can this help get the abusers away from your loved one, but any evidence the police uncover in their investigation may also be used in our civil case.
Abuse is often difficult to identify because it looks different in each case. However, there are a few common signs and symptoms that you should be mindful of if you suspect that your loved one is being abused in a nursing home.
Physical abuse often leaves marks, scars, and injuries that can tip off family members. However, abusers often try to cover their tracks by keeping the injuries hidden. The abuser might prevent the victim from reporting the injuries or seeking treatment, and the victim may continue to suffer. If you notice injuries without any reasonable explanation, take your loved one to a physician and have them evaluated. The doctor might identify new and old injuries that are consistent with abuse. Cuts, bruises, broken bones, and other physical injuries are common symptoms of abuse.
Abuse often takes a mental and emotional toll on victims. Changes in personality might indicate abuse or neglect from nursing home staff. For example, if your loved one suddenly becomes depressed and despondent, or they suddenly become angry and irritable all the time, you should consider talking to them about abuse. Nursing home residents often cannot leave on their own, and they may feel trapped with their abuser. This kind of situation can be very traumatic and cause severe psychological damage.
People living in nursing homes often rely on staff members for medical care. In-house nurses and medical professionals are often in charge of medication and administering certain treatments. In some cases, abuse comes from these medical professionals. They might mismanage or even withhold medication, causing your loved one’s health to deteriorate. Often, they try to cover their tracks by finding bogus explanations for the changes in the victim’s health, and families might be inclined to believe them because they are medical professionals. If you suspect abuse, take your loved one to a doctor outside the nursing home and get them checked out.
Call a lawyer about potential abuse in your loved one’s nursing home as soon as possible. The statute of limitations restricts the amount of time you have to file a civil claim for damages. According to I.C. § 34-11-2-4(a), personal injury claims must be filed no later than 2 years after the most recent instance of abuse. If you are unsure when the abuse started or when was the last time your loved one experienced abuse, your lawyer can help you figure it out and calculate the limitation period.
Under certain conditions, you might be able to have the statute of limitation told, thus pushing your deadline to file your case. Tolling is often available for legal disabilities, according to § 34-11-6-1. A legal disability may include mental conditions that limit a person’s ability to understand the abuse or their legal rights, which is a common problem in cases involving nursing home residents. If a plaintiff is under a legal disability when their cause of action accrues (i.e., when the abuse occurs), they may have the limitation period tolled until the disability is removed.
For a free, private case assessment, call Wruck Paupore at (219) 322-1166 and talk to our nursing home abuse attorneys.
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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