Injuries, physical and emotional abuse, and even wrongful death are all too common in nursing homes across the country. With the rising aging population, the need for proper care of elderly nursing home residents is more important than ever. Many elderly individuals find themselves in nursing homes or assisted living facilities. Unfortunately, not all of these institutions provide the proper care and attention that nursing home patients deserve. However, Schuerger Shunnarah Trial Attorneys are trained to handle all types of personal injury cases related to nursing home abuse and neglect. They can help family members gather evidence, review their nursing home patient's medical records, and build a strong case against the assisted living facility. Additionally, they can provide the residents with the legal guidance and support they need to navigate the complex lawsuit.
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What Is Nursing Home Neglect in Indianapolis?
Recent studies show that an estimated one in six people living in nursing homes have experienced some form of physical abuse. Many elderly nursing home patients require extensive help with daily activities and medical care, making them dependent on assisted living home workers for their well-being.
Emotional abuse can take many forms, such as belittling, threatening, or isolating a nursing home patient. On the other hand, bodily abuse can include hitting, pushing, or restraining a resident, among other forms of violence.
Neglect can happen when nursing homes fail to provide elderly patients with adequate food, water, or medical attention.
Nursing home abuse lawyers can help family members gather evidence, such as personal medical records, to prove negligence on the part of the nursing home facility. They can also help those related to the victim file personal injury cases and wrongful death claims, as well as take other legal actions to hold the nursing home accountable for its actions.
Common Signs of Nursing Home Abuse
Nursing homes play a crucial role in providing care for patients when families are unable to do so. These patients trust the facility to provide proper medical care, attention, and support. However, nursing home abuse and nursing home neglect continue to be a growing concern among residents in the United States.
According to the National Council on Aging, one in 10 Americans faces elder abuse and nursing home neglect. However, only one in 24 cases of nursing home injuries are filed.
The Nursing Home Reform Act (NHRA) has a set of guidelines and rules that all assisted living facilities must abide by. This ensures a standard quality of service provided by the nursing home. However, many facilities fail to meet the standards, resulting in nursing home neglect and elder abuse.
Family members worried about elderly abuse can check for the following common signs of neglect:
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Physical Abuse
Unexplained bruises, cuts, scrapes, and broken bones are all signs of bodily abuse. Nursing home workers may try to explain these injuries away as accidents, but if they happen frequently or are severe, they are a cause for concern.
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Emotional Abuse
If a nursing home resident is suddenly fearful, depressed, withdrawn, or exhibiting other behavioral changes, it may be a sign of abuse.
Also, a lack of socialization or participation in activities can cause concern. Elder abuse can force patients to isolate themselves and fear confrontation, resulting in social anxiety.
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Neglect
This is a serious issue in nursing homes and can lead to many health problems, such as bedsores, malnutrition, and dehydration. Relatives should check if their loved one's hygiene has declined or if they live in unsanitary conditions.
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Financial Abuse
Lastly, this type of abuse or neglect happens when nursing home workers or staff exploit an elderly patient's financial assets or access medical records without consent. Examples include identity theft, cashing checks without permission, and using credit cards or bank accounts without authorization.
Indiana Nursing Home Abuse Info Center
Navigating Wrongful Death Cases Due to Nursing Home Negligence
In Indianapolis, nursing home abuse is a serious issue, and victims and their families should not hesitate to seek legal advice.
Senior citizens often fall victim to physical and mental abuse, which can sometimes lead to wrongful death. This is a tragic reality, one that nobody should have to face.
In Indiana, nursing home negligence and wrongful death cases have a statute of limitations of three years from the date of the incident.
This means that the plaintiff must file their lawsuit within three years from the date of the issue. Failing to do so will result in the court dismissing the case. This highlights the importance of acting promptly when relatives suspect nursing home abuse or neglect.
Nursing home abuse lawyers can help victims or their loved ones claim a personal injury lawsuit against an Indianapolis nursing home. Before committing to a nursing home abuse attorney, plaintiffs can also seek free consultation services from a renowned law firm.
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The Causes of Nursing Home Abuse
One of the primary reasons for nursing home abuse is stressful working conditions and staff burnout.
Caring for nursing home residents can be an emotionally and physically demanding job. Staff members who work long hours are usually underpaid and overworked; therefore, they may become frustrated and irritable, leading to abuse and neglect of nursing home patients.
Many workers lack the proper training needed to care for senior citizens. This can lead to injuries, neglect, and even death. Nurses need to have proper training in all aspects of caring for these patients, including medications, transferring techniques, and wound care.
While nursing homes are responsible for providing proper supervision for their residents, some facilities prioritize profit over adequate care. Nursing homes may cut corners to save money, resulting in less staff, less food, improper medical treatment, and unsanitary environments.
Proving Negligence in Nursing Homes
Nursing homes are supposed to be safe havens for elderly residents who cannot take care of themselves anymore.
However, it is not uncommon for residents to suffer from nursing home abuse and neglect.
On top of that, such institutions have a legal obligation to provide adequate care for patients under their supervision. In particular, nursing homes have a duty to:
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Ensure the safety of their patients.
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Provide adequate food and hydration.
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Administer medication as prescribed.
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Prevent and manage infections.
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Monitor and manage any medical conditions.
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Attend to basic personal hygiene and grooming needs.
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Provide physical and emotional support.
Negligence in nursing homes happens when medical professionals fail to uphold their duty of care. If a nursing home forgets to provide medicine to a patient for three consecutive days - that is an example of negligence.
On the other hand, negligence can also include:
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Failing to take necessary precautions to prevent falls.
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Not responding to patient needs.
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Providing inadequate staffing levels.
Medication errors and improper care leading to serious injuries can be filed as medical malpractice as well. As a result, relatives can suspect nursing home abuse based on the fore-mentioned signs.
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Statute of Limitations in a Nursing Home Abuse Lawsuit
The statute of limitations is essentially a time limit for filing a lawsuit. In Indiana, the timeframe for filing and claiming abuse lawsuits expires after three years. Failing to meet the deadline can result in the court ultimately dismissing the case.
Also, a few different parties can file a personal injury lawsuit. Direct kin, such as children or spouses and relatives who have been granted power of attorney or legal guardianship, can file a lawsuit on behalf of the nursing home resident facing abuse or neglect.
Seeking Help from a Nursing Home Abuse Lawyer in Indianapolis
When it comes to nursing home abuse cases, working with experienced nursing home abuse attorneys is crucial. These professionals deeply understand the NHRA and other laws and regulations surrounding elder abuse.
On top of that, an abuse lawyer can help victims recover compensation for any physical or mental abuse they may have suffered at a nursing home facility. They can also help file a wrongful death lawsuit if necessary.
Abuse attorneys can help victims and their families seek justice by:
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Filing a claim for personal injury or wrongful death.
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Negotiating with insurance companies to get a fair settlement.
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Representing victims in court if necessary.
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Advocating for nursing home reform to prevent future abuse and neglect.
They can help victims and their relatives navigate the complexities of the legal system and provide them with the support and resources they need to get the justice they deserve.
Final Words
The National Center for Elder Abuse reports that people suffering from nursing home abuse and neglect have a higher risk of death than those safe from such unfair treatment. Victims and their relatives of such bodily and mental trauma have legal options to hold the nursing home and staff accountable for their actions.
Depending on the circumstances, a lawsuit may result in compensation for medical expenses, pain and suffering, and other damages. As such, working with experienced lawyers who can help plaintiffs navigate the complexities surrounding nursing home abuse and the statute of limitations is essential.
It's important to note that in nursing home abuse claims, loved ones can also experience emotional and psychological harm.
As a result, lawyers may recommend that these individuals seek therapy and counseling as part of their overall recovery process too. Schuerger Shunnarah Trial Attorneys can help investigate the case to gather evidence, interview witnesses, obtain medical records, and build a strong case for trial.
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