All too frequently, people receive calls about very sad instances of nursing home abuse. When you place your loved one in a nursing home, you trust and expect that they will be properly treated. Nursing home abuse and negligence is a growing tragedy, and if you suspect that your loved one is the victim of nursing home abuse, you need to take action.
The experienced personal injury attorneys at The Law Offices of David W. Holub could guide you through the process of seeking justice and compensation for the harm you or your loved one has suffered. Reach out to an Indiana nursing home abuse lawyer at our firm to get started.
What To Look For When Checking for Abuse
Oftentimes, it is hard to spot nursing home abuse—especially when you are not expecting it. Residents can also be too scared or incapable of speaking about what is happening to them. However, as a knowledgeable Indiana lawyer could discuss in further detail, there are certain signs to look for when attempting to determine if your loved one is being abused in their nursing home.
Physical Abuse
Physical abuse might be an issue if you find unexplained injuries, including bruises, fractures, and sprains. Such injuries can be caused when a patient is slapped, struck, or kicked.
Medication Errors
Nurses may be performing medication errors, where the resident is either too sedated or in pain.
Severe Anguish and Agitation
Severe emotional anguish and agitation are often the result of verbal, mental, or emotional abuse.
Withdrawn or Nonresponsive
When your loved one is unduly withdrawn or nonresponsive, it could be due to insults, humiliation, threats, and intimidation.
Sexual Abuse
Signs of sexual abuse may be marked by unexplained genital infections and bruising around the genitalia.
Missing Belongings
It is important to check whether your loved one’s personal funds, property, or assets, or personal belongings are missing.
Neglect
Watch for things like soiled beds, dehydration, and malnutrition. If the patient is not being groomed, does not have a clean bed to sleep in, and lacks water and good nutrition, these can be signs of nursing home abuse.
How To Report Nursing Home Mistreatment in Indiana
Nursing home abuse and neglect can encompass a fairly broad spectrum of behavior. There are some situations of this nature mild enough to be resolved simply by speaking directly with facility staff or administrators, whereas there are some situations so extreme that immediate removal of the impacted resident from their living conditions is the best course of action. Among other things, an Indiana nursing home abuse attorney could offer guidance about whether a particular set of circumstances qualifies as legally actionable mistreatment and what action is appropriate to protect a loved one’s physical and psychological well-being.
In addition to working with a legal professional, concerned family members and nursing home residents can submit complaints about neglect or abuse to the Indiana Long-Term Care Ombudsman by filling out an online form or calling 800-622-4484. The Indiana Department of Health also accepts complaints and reports of nursing home mistreatment through their own online form, through their own hotline at 800-246-8909, and through their off-hours voicemail system at 317-233-7241.
Can Family Members Sue on Behalf of Injured Nursing Home Residents?
Once the person experiencing neglect or abuse in a nursing home is in safer living conditions, they or their family members can file a personal injury lawsuit for the harm caused. A successful nursing home abuse lawsuit can result in compensation for both economic and non-economic losses stemming from the mistreatment, including:
- Physical discomfort and pain
- Personal property damage and loss
- Psychological and emotional distress
- Lost overall enjoyment and quality of life
- Costs of medical care for injuries caused by neglect or abuse
If nursing home neglect in Indiana causes a resident to pass away prematurely, a compassionate lawyer could help the surviving family pursue a wrongful death claim. Depending on the circumstances, this could mean seeking compensation for things like:
- Emotional anguish
- Funeral and burial costs
- Lost companionship and guidance
- Medical bills paid on behalf of the deceased person
During such a difficult time, The Law Offices of David W. Holub could provide the support and guidance needed to navigate this emotionally trying process.
Filing Deadlines for Nursing Home Abuse Litigation
Generally speaking, the statute of limitations put in place for claims like car crashes and accidental falls also applies to lawsuits built around instances of abuse and neglect inside a nursing home. Specifically, Indiana Code § 34-11-2-4 gives injured people—or people suing on an injured person’s behalf—a maximum of two years after the initial harm to file a lawsuit or, in some situations, two years after discovering they were harmed through someone else’s misconduct.
For wrongful death claims stemming from nursing home mistreatment, the two-year statutory filing period applies. Generally, the start date for this period is not the date on which the ultimately fatal injury first occurred but the date on which the deceased person actually passed away. However, there can be exceptions, such as if the death was caused by medical malpractice at the nursing home, and that is why it is always a good idea to consult with an Indiana attorney.
Contact a Nursing Home Abuse Attorney in Indiana Today
When your loved one is experiencing abuse in a nursing home, immediately get them out of their living situation and reach out to a well-practiced attorney at The Law Offices of David W. Holub. An Indiana nursing home abuse lawyer from our firm could help you and your loved one get the justice and compensation you deserve. Contact our office to schedule a consultation.