Evansville Nursing Home Abuse Lawyer

Nursing home negligence and abuse is a deeply concerning issue, affecting the most vulnerable members of our community—our elderly loved ones. Many nursing home residents cannot advocate for themselves, so family members need to recognize the warning signs and take action. 

Seeking help from an experienced Evansville nursing home abuse lawyer is essential to ensure that justice is served and compensation is recovered for victims and their families.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to obtaining justice and fair compensation for those impacted by nursing home abuse. Our skilled legal team has a long-standing record of handling these cases with care, securing substantial settlements and favorable verdicts for our clients.

We thoroughly investigate each case to ensure that all aspects of the abuse—whether related to medical costs, emotional suffering, or other damages—are comprehensively addressed. With extensive experience in nursing home abuse claims, we handle every detail of the process, working relentlessly to safeguard your rights.

We offer clear, compassionate guidance throughout your case, ensuring you and your loved ones stay informed, supported, and confident at every step.

Types of Cases Handled by Our Evansville Nursing Home Abuse Lawyers

Nursing home abuse refers to any intentional or negligent act that causes harm or distress to a nursing home resident. The abuse can be physical, emotional, financial, or even result from neglect. Our Evansville nursing home abuse lawyers handle various personal injury cases to help families seek justice.

Physical Abuse

Physical abuse occurs when residents are intentionally harmed through actions such as hitting, slapping, or improper use of restraints. Many nursing home residents are frail and can suffer from broken bones and other injuries that may not be easily explained. If physical abuse is suspected, it’s vital to act quickly.

Mental and Emotional Abuse

Emotional abuse, also known as psychological abuse, includes verbal assaults, threats, or humiliation that can cause significant psychological harm to residents. Signs of emotional abuse may include withdrawal, anxiety, or depression. Family members should watch for changes in behavior that indicate their loved one may be suffering from emotional abuse.

Sexual Abuse

Sexual abuse is one of the most horrific forms of abuse in nursing homes. It involves any non-consensual sexual contact between staff members or other residents. Victims may suffer physical injuries and emotional trauma, and in some cases, they may contract sexually transmitted diseases as a result.

Medical Malpractice

Medical malpractice occurs when nursing home staff or medical staff fail to provide adequate medical care, leading to harm. This neglect can include bedsores, medication errors, failure to treat infections, or neglect to manage ongoing medical conditions. Negligence in medical care can result in serious injuries or even wrongful death.

Negligence

Negligence in nursing homes can take many forms, including poor hygiene, malnutrition, dehydration, or failure to prevent residents from wandering (elopement). These problems often stem from negligent facilities that are understaffed or poorly managed, leading to neglect of residents’ basic needs.

Financial Abuse

Financial abuse involves exploiting a resident’s assets, including theft, fraud, or coercing a resident to alter their financial arrangements. This abuse can result in devastating financial loss for vulnerable residents and their families.

Wrongful Death

In cases where nursing home neglect or abuse results in the death of a resident, families may file a wrongful death claim. These cases aim to hold negligent nursing homes accountable for their actions and to recover compensation for the family’s loss.

Understanding Your Legal Rights

Nursing home residents are protected under federal and state laws that ensure their safety and well-being.

The Nursing Home Reform Act of 1987 is a key federal law that sets the standard for nursing home care. This act mandates that residents receive the care necessary to maintain their physical and mental health and be treated with dignity and respect.

In Indiana, nursing homes must also comply with state-specific regulations that govern the standard of care in long-term care facilities. When facilities violate these laws, they can be held legally responsible for the harm caused to residents.

A nursing home abuse claim can be filed by the victims themselves or, in many cases, by a family member or legal guardian acting on their behalf. In the tragic event of a resident’s death, surviving family members can file a wrongful death lawsuit.

Liability in Nursing Home Neglect and Abuse Cases 

Multiple parties can be held liable in nursing home abuse cases, depending on the circumstances. Here are some examples of who may be responsible:

• Nursing Home Facility: The facility can be held responsible if it fails to maintain proper staffing, training, or safety measures to prevent abuse. If the facility knew about the abuse and did not act, it could be held responsible.
• Nursing Home Staff Members: Individual nursing home staff who directly cause harm through physical abuse, emotional abuse, or neglect can be held accountable for their actions.
• Medical Professionals: In cases involving medical malpractice, the doctors, nurses, and other healthcare providers who failed to provide adequate care may be liable.
• Third-Party Contractors: Contractors such as maintenance staff or vendors who neglect their duties, leading to unsafe conditions or abuse, can also be held responsible in nursing home abuse cases.

How Our Evansville Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our experienced Evansville nursing home abuse attorneys are dedicated to protecting the rights of residents and holding negligent parties accountable. Here’s how we can help:

• Free Case Evaluation: We offer a free consultation to review your case and discuss your legal options.
• Case Investigation: Our legal team conducts a thorough investigation to gather evidence, including medical records and witness statements, to build a strong case for compensation.
• Filing the Claim: Once we have built a case, we handle all aspects of filing the claim, ensuring compliance with government regulations.
• Settlement Negotiation: Many cases are resolved through settlement. Our attorneys will negotiate with the responsible parties to secure the best possible outcome.
• Trial if Needed: If a fair settlement cannot be reached, we are prepared to take your case to trial to seek justice and compensation.

Common Signs of Elder Abuse Among Nursing Home Residents 

In Evansville, Indiana, there are 31 Medicare-approved nursing homes. Of these, 17 facilities (55%) have an overall score of below or much below average. Specifically, 17 nursing homes (55%) fall short in health inspections, and 20 facilities (65%) have inadequate staffing levels. Additionally, seven nursing homes (23%) rated poorly in quality measures. [1]

The worst-rated nursing homes in Evansville include:

Family members should be aware of the common signs that may indicate their loved one is experiencing nursing home abuse:

• Unexplained injuries such as bruises, cuts, or broken bones;
• Emotional withdrawal, anxiety, or depression;
• Poor hygiene or untreated medical conditions;
• Weight loss or signs of malnutrition and dehydration;
• Sudden changes in financial status or missing personal belongings;
• Fear or reluctance to speak around certain staff members.

What to Do If You Suspect Nursing Home Abuse

If you suspect that your loved one is experiencing abuse or neglect in a nursing home, it’s essential to take immediate action to protect them and hold the responsible parties accountable. Here are the key steps to follow:

• Call 911 if Immediate Danger Is Present: If you believe your loved one is in immediate physical danger or has sustained severe injuries, contact 911 right away. Emergency services can ensure that your loved one is removed from the harmful situation and receives urgent medical care.
• Report to the Nursing Home Administrator or Management: After addressing any immediate safety concerns, report nursing home abuse to the administrator or management. It is important to document the incident and ensure the facility initiates an internal investigation. Make sure to keep records of all communication and responses from the management.
• File a Complaint with Your Local Ombudsman’s Office: Your local Ombudsman’s office advocates for nursing home residents and can investigate complaints related to abuse or neglect. They work independently from the nursing home and can help ensure that residents’ rights are being upheld. Filing a complaint with the Ombudsman can lead to an external investigation and further action against the facility if necessary.
• Contact a Nursing Home Abuse Attorney: It’s important to consult with experienced nursing home abuse lawyers to explore your legal options. A lawyer can help guide you through the process of filing a claim, gather evidence, and pursue compensation for the abuse your loved one has endured. Legal action can also help hold nursing home staff and management accountable for their misconduct.

Damages You Can Recover Through a Nursing Home Abuse Claim

When a nursing home resident experiences abuse or neglect, the harm can be extensive—physically, emotionally, and financially. Filing a nursing home abuse claim allows victims and their families to seek compensation for these damages.

Economic Damages

Economic damages are quantifiable losses directly resulting from the abuse or neglect. These include:

• Medical Expenses: Covers costs for hospital stays, surgeries, medications, physical therapy, and any ongoing medical care related to the abuse or neglect.
• Relocation Costs: If the victim must be moved to another facility due to unsafe conditions, compensation may cover the costs of relocating and finding a new care facility.
• Lost Income or Financial Support: Compensation for lost income or financial support may be awarded in cases where a family member takes time off work to care for the victim or if financial exploitation occurs.

NonEconomic Damages

Non-economic damages address the emotional and psychological impact of the abuse, which can be more difficult to measure but is no less significant. Examples include:

• Pain and Suffering: Compensation for the physical pain and emotional distress the victim has endured as a result of the abuse.
• Emotional Trauma: Covers the psychological damage, including anxiety, depression, or loss of enjoyment of life, caused by abuse or neglect.
• Loss of Companionship: In cases where a loved one’s quality of life has been diminished, family members may be compensated for the emotional toll and loss of companionship.

Punitive Damages

Punitive damages are often awarded in cases where the abuse was especially malicious or involved gross negligence by the nursing home staff or management. These damages are not meant to compensate the victim but to punish the responsible parties for their harmful actions.

The Cost of Hiring an Evansville Nursing Home Abuse Lawyer

At Nursing Home Law Center, we work on a contingency fee basis, meaning you pay no upfront legal fees. You only pay if we successfully recover compensation for you. This arrangement allows you to pursue justice without financial risk.

You Have Limited Time to Take Legal Action in Evansville

In Indiana, the statute of limitations for filing a nursing home abuse claim is generally two years from the date of the abuse or its discovery. Acting quickly ensures that your rights are protected and your case is filed within the required timeframe.

Contact an Evansville Nursing Home Abuse Attorney Today!

If you suspect your loved one has been a victim of abuse or neglect, contact our experienced Evansville nursing home attorneys today for a free consultation. We are committed to fighting for justice and securing the compensation your family deserves.

Call us at (800) 926-7565 or fill out our contact form.

References: [1] Medicare