Indiana Nursing Home Abuse Lawyers
In Indiana, nursing home abuse is a societal issue that causes pain and suffering in thousands of residents’ lives every year. While federal and state laws are in place to provide sanctions for nursing home abuse, it seems that some nursing home entities believe that they are “above the law” and continue to exhibit patterns of abuse, neglect and exploitation of residents.
Research indicates that 44 percent of all facilities in Indiana have deficiencies that have caused actual harm in the lives of residents. In addition, over 58 percent of all Indiana nursing homes have an accident-prone environment that could pose serious issues to the safety of loved ones in such environments. Common accident-prone environments have issues like spills on the floor, broken equipment, improperly trained staff, lack of supervision, lack of safety devices and improper equipment for reducing the risk of falls.
Family members should constantly be paying attention to the condition of a nursing home and treatment that a loved one receives. If family members notice that an Indiana nursing home begins to decline in maintaining equipment or sanitary conditions, then this could be an indication that a resident is the victim of neglect or abuse. Concerned family members can get in touch with nursing home abuse lawyers to learn more about the rights that loved ones may have. An Indiana nursing home negligence lawyer is available to investigate any potential claims of abuse or neglect that may be impacting your loved one.Indiana Nursing Home Injury Laws
The Adult Protective Services Act is the governing authority of law that is intended to protect nursing home residents in Indiana. The law sets forth the specific procedure that one should initiate when it is believed that a resident is an “endangered adult” who is the victim of exploitation, abuse or neglect. The procedure requires that the witness file a complaint with law enforcement or another reporting agency, cooperate with the agency to obtain protective services for the endangered adult and comply with notification requirements. This Act maintains that nursing home workers have a legal duty to report an endangered adult when he or she has reason to believe that the adult is endangered.
The individual who files a complaint in regards to a resident who is the victim of abuse, neglect or exploitation is also given immunity under the Adult Protective Services Act. The only individual who may not claim immunity is the one against whom the complaint is being filed.
Family members and staff workers can also use a toll free report hotline in Indiana to report any incidents of abuse, neglect or exploitation. In Indiana, the toll free hotline to call is 1-(800)-992-6978. It is important that complaints of abuse be made as soon as possible to that an endangered adult can begin to receive protective services.Understand the Rights of Nursing Home Residents
Family members should be aware that nursing home residents are granted a broad scope of rights under federal laws. The Nursing Home Reform Act of 1987 provides numerous rights for residents, including the right to be free from chemical or physical restraints, right to be treated with dignity, right to receive basic necessities of life, right to use self-determination in medical procedures, right to be free from abuse and neglect, right to communicate freely with others, right to participate in development of a care plan, right to be fully informed of changes in a care plan and the right to privacy.
If you believe that your loved one is being harmed or abused in a nursing home, then it is time to take action. Our attorneys are here to help families and residents throughout the State of Indiana in such areas as:
Call an Indiana nursing home negligence lawyer to receive the assistance that you need to file a claim on behalf of the life of your loved one.Nursing Home Negligence
STATUTE OF LIMITATIONS
- 2 years with Discovery Rule. (IC §34-11-2-4)
- Medical malpractice – 2 years from act or omission subject to certain statutory exceptions. Minors under age six have until age eight. (IC §34-18-7-1; IC §34-18-7-2, IC §34-11-2-3)
- Medical malpractice caps: Claims prior to January 1, 1990, amount recoverable against a single provider is capped at $100,000, and the total amount recovered against all providers and the Patient Compensation Fund is capped at $500,000. As of January 1, 1990, the maximum recoverable from providers and the Fund was increased to $750,000. As of July 1, 1999, the limit for each provider is $250,000, and the total cap on damages against all qualified providers and the Fund is $1,250,000. (IC §34-18-14-3)
- Punitive damages – capped at three times the amount of compensatory damages or $50,000, whichever is greater. (IC 34-51-3-3)
STATUTE OF LIMITATIONS
- 2 years from date of death. (IC §34-18-7-1)
- No punitive damages for actions brought under wrongful death statute. Damages for lost love and companionship from wrongful death of adult person is limited to $300,000. (IC §34-23-1-2)
- Indiana State Department of Health
- Adult Protective Services
- Department of Health, Long Term Care/Nursing Home Division
- Comprehensive Care Facility (Nursing Home) Licensing and Certification Program
- Family and Social Services Administration, Division of Aging
- Adult Protective Services – (IC §12-10-3)