Families in Indianapolis and across the country place the care of our loved ones to nursing homes when they are in need of more frequent and experienced medical care than they can provide. The decision to place a spouse, parent, or other loved one in a nursing home is never easy, but we do so in the hopes that they will be treated with respect, dignity, and their needs will be attended to. If you believe your loved one has been victim of nursing home abuse, you have the right to demand answers and justice from those who violated your family’s trust.
The Indianapolis nursing home malpractice attorneys of Hankey Marks & Crider, are prepared to help families like yours during this difficult time. Contact us today at (317) 634-8565 and we will provide a free consultation on the legal ramifications of nursing home abuse.
Do I Need a Nursing Home Abuse Lawyer?
Nursing homes in Indiana, like in other states, have a “duty of care,” which means they must ensure that all nursing home residents are properly cared for. A nursing home should assess the needs of each resident and develop a plan for their care. This plan should be reviewed and, if necessary, modified every so often. Failure to do so is a form of negligence, which may be grounds for a lawsuit against the nursing home.
The Nursing Home Reform Act (NHRA) of 1987 established basic rights for nursing home residents and formed the basis for efforts to improve the quality of care and life for nursing home patients. The NHRA states that nursing home residents are entitled to the right to:
- Be treated with dignity
- Be free from abuse, neglect, and mistreatment
- Privacy
- Accommodation of physical, medical, psychological, and social needs
- Refuse treatment
- Participate in family and resident groups
- Exercise self-determination
- Have access to personal medical records
- Review one’s care plan
- Communicate freely
- Be informed about changes in treatment
- Complain without fear of discrimination or reprisal.
If you or someone you care for has been a victim of nursing home abuse or neglect in Indiana, contact the experienced and compassionate elder abuse attorneys at Hankey Marks & Crider so they make sure that your rights are protected. A nursing home abuse lawyer can help with many important legal tasks, including obtaining all relevant medical records and helping determine whether or not you have a valid claim under state and federal laws. If your Indiana nursing home abuse claim is successful, you will be entitled to financial compensation for the harm that was inflicted on you or your loved one.
In Indiana, the statute of limitations for elderly abuse is two years, meaning that you must a file lawsuit within two years of the date that the abuse occurred. Don’t wait until the time runs out because then you will be prohibited from bringing the claim. Allow an attorney to get to work on your case as soon as possible so you can get the justice and compensation you deserve. Indiana state laws call for sanctions against nursing homes that abuse their residents. Hankey Marks & Crider can help you to explore your legal options. Call us today at (317) 634-8565 for a free and confidential consultation.
Why Choose Hankey Marks & Crider to Handle My Case?
At Hankey Marks & Crider, our Indianapolis nursing home abuse lawyers have more than 75 years of combined experience helping the people of Indiana. We have all the resources, skills, and experienced needed to assist nursing home residents and their families with their injury claims. While every case has its own unique set of facts and circumstances, our lawyers have recovered significant awards in a wide variety of nursing home abuse cases.
Our goal is to not only recover full and fair compensation for the abused nursing home resident and their family, but also to deter other nursing homes and nursing home staff from engaging in harmful and neglectful behavior. We can report the nursing home abuse to the proper authorities and take all the necessary steps to ensure your rights are protected in case the abuse report is lost or altered. We know how to file both nursing home abuse reports and legal claims against negligent nursing homes and their employees.
While the majority of nursing home abuse cases end in a settlement, we are not afraid to take large nursing home companies to court if the settlement they offer does not provide you with maximum compensation. Our lawyers are able to call upon expert medical witnesses if needed, who can testify in court and explain how you or your loved one’s injuries were the result of the nursing home’s negligence. This testimony plays a critical role in the success of a nursing home abuse lawsuit. When you bring your case to Hankey Marks & Crider, you can rest assured that our compassionate attorneys will do everything we can to help you during this difficult time and recover the financial compensation you and your family deserve.
Types of Nursing Home Abuse Cases We Handle
“Elder abuse” is often under-reported in nursing homes because residents may be afraid to tell their loved ones about abuse and these cases may be hard to identify. If you have noticed your loved one experiencing any of the following symptoms, it is important that you contact an attorney today. At Hankey Marks & Crider, we handle a wide range of nursing home abuse cases. In many of the cases, the nursing home victims exhibit some of the following signs of physical abuse:
- Malnutrition
- Dehydration
- Lack of exercise
- Improperly maintained facility
- Sexual abuse
- Weight loss
- Significant personality changes
- Social withdrawal
- Bruising and/or cuts
- Emotional abuse
In order to save money, some elderly care facilities overlook the basic needs of their residents. This may include hiring insufficient staff, causing many residents to be neglected when there are simply not enough caregivers to tend to all of the residents’ needs. Hiring inexperienced or improperly trained staff will also save the nursing home money and could unnecessarily endanger the welfare of residents. Other dangers associated with staff concerns may include a cook preparing food incorrectly or the administration ignoring the needs and advice of the doctors and nurses.
Frequently Asked Questions (FAQs) About Nursing Home Abuse
If you or a loved one have been the victim of nursing home abuse, you likely have a lot of questions. Below are some questions we often get from clients regarding nursing home abuse. We hope you find this information useful. Our compassionate and experienced Indianapolis nursing home abuse lawyers understand what a difficult time this is for you and your family, and we want to help. If you have any questions at all about your case, please don’t hesitate to reach out to Hankey Marks & Crider at any time by calling (317) 634-8565.
What are the common signs of nursing home abuse?
Often, older people living in nursing homes are fragile, physically and mentally, and sometimes are not in the right state of mind. This makes it easy for them to be taken advantage of and for abuse to go unnoticed. Common signs of abuse include recurring bruises, bedsores, dehydration, cuts or lacerations, unexplained injuries, a sudden change in behavior or disposition, and emotional distancing or agitation. If you notice any of these signs or other unusual activity, you may be dealing with nursing home abuse. The attorneys of Hankey Marks & Crider know that you want to do all you can to protect your elder loved ones, and we are devoted to making sure they are cared for correctly.
What are the different types of nursing home abuse?
The fragile state of elderly nursing home residents, as well as the power and authority held by nursing home staff, allows seniors to be easily taken advantage of in a variety of ways. To get residents to do what they want, or to boost their own personal gain, staff members may use physical force or tricks on residents. Whether it is physical abuse, emotional abuse, financial abuse, or sexual abuse, abused residents can suffer mentally, physically, and emotionally. If you are suspicious that nursing home abuse may be occurring in your loved one’s facility, contact the nursing home abuse attorneys at Hankey Marks & Crider.
What should I do if I suspect nursing home abuse?
If you have unnoticed unusual behavior or activity from your loved one, or you have observed instances of abuse, you should take action against the nursing home facility, and get your loved one the proper care they need. First, if possible and necessary, remove your elderly loved one from the care of the nursing home. Next, report the nursing home facility to your local state nursing abuse hotline. This will help ensure that your loved one’s nursing home is evaluated and supervised and that the seniors in the home will be looked after with the utmost care. Finally, contact a qualified and compassionate nursing home abuse attorney, such as the attorneys of the Hankey Marks & Crider. Our attorneys will do all they can to get your loved one the compensation and care they need.
Nursing Home Abuse Statistics
- About 1 in 10 Americans age 60 and older have experienced some form of elder abuse, according to the National Center on Elder Abuse. Some estimates say as many 5 million elderly people are abused each year.
- Rates of elder abuse are high in nursing homes with 2 out of 3 staff members reporting that they have committed abuse within the last year, according to the World Health Organization.
- One study in which 2,000 nursing home residents were interviewed found an abuse rate of 44% and a neglect rate of 95%.
- About one-third of nursing homes in the U.S. were cited for federal standards violations that had potential to cause harm or had caused harm to a nursing home resident between 1999 and 2001, according to a U.S. House of Representatives Report from 2001. Nearly 1 out of 10 nursing homes had violations that caused residents harm, severe injury, or put them at risk of dying.
- Elderly people who have been abused have a 300% higher risk of death compared to those who haven’t been abused, according to a population-based study.
- According to the National Council on Aging, estimates of financial abuse of elders in the U.S. is between $2.9 billion and $36.5 each year.
Contact an Indianapolis Nursing Home Abuse Lawyer
The Indianapolis nursing home malpractice attorneys at Hankey Marks & Crider, understand that nursing home abuse causes pain and suffering for both the resident and his or her family. If your loved one has been injured due to the negligence of an assisted nursing facility, it is important to speak with an attorney immediately. Contact us today at (317) 634-8565 for a free consultation.