Nursing home abuse incidents are often unreported out of fear of retaliation from the abuser. A family may not even know their loved one is being abused until it is too late. It is already difficult to place a family member in a nursing home, and adding the worry of abuse makes these decisions even tougher.
If you suspect or know that your loved one is being abused or neglected in a nursing home in Indianapolis, do not wait. The repercussions of nursing home abuse can be extensive, causing years of suffering for your loved one. You have a right to intervene for their safety, and you have a right to seek legal recourse against the negligent party.
Call Ben Crump Law, PLLC, at (800) 712-9119 for a free consultation. An Indianapolis nursing home abuse lawyer is here to help with your legal options.
Nursing Home Abuse Versus Nursing Home Neglect
The Centers for Medicare and Medicaid Services (CMS) defines abuse as the willful infliction of injury, whether that injury is physical or mental in nature. They define neglect as the failure to provide basic daily needs and assistance to the point that it endangers a nursing home resident. Sometimes, caregivers may even neglect to see to their immediate medical needs.
Types of Nursing Home Abuse
- Physical Abuse: This can be assault, constraint, or chemical. Not offering medical assistance or care is abuse, as well as sedating a patient without consent. Signs of physical abuse include bruising, broken bones, and lesions from constraints. Physical negligence includes malnutrition, unsanitary conditions, and bedsores.
- Emotional Abuse: This type of abuse can sometimes be hard to identify. The most common sign is a change in behavior or depression and anxiety. This is when a person yells, shames, or bullies a patient.
- Financial Abuse: This is the monetary exploitation of a patient. People are known to go as far as opening bank accounts and credit accounts in a patient’s name, using their personal information access to do so. This can be when someone steals directly from the patient.
- Sexual Abuse: These are some of the worst circumstances. Taking advantage of a vulnerable, sometimes unaware patient suffering from memory loss, mobility issues, or mental illness can occur in a nursing home.
The Code of Federal Regulation (CFR) §483.12 states that a resident has a right to be free from “abuse, neglect, and exploitation,” and the nursing home must report any known physical abuse upon receiving a complaint. Contacting an attorney may help you figure out your best course of action in these delicate circumstances, as they sometimes need immediate attention.
For a free legal consultation with a nursing home abuses lawyer serving Indianapolis, call 800-959-1444
How an Indianapolis Nursing Home Lawyer Can Help You
When you hire an Indianapolis nursing home lawyer at Ben Crump Law, PLLC to help navigate your lawsuit, you can focus on your loved one’s health and recovery.
These situations take in-depth investigating, sometimes by different government agencies. We know the timeliness of these matters could mean life or death. Do not wait; contact us today. The sooner you call, the sooner we can help seek the justice and compensation you and your loved one deserve.
You have nothing to lose by taking advantage of our free consultation, and it may help you understand your legal options.
Indianapolis Nursing Home Abuses Lawyer Near Me 800-959-1444
How To File a Nursing Home Abuse Complaint in Indianapolis
The Indiana State Department of Health (ISDH) suggests reporting any abuse to the nursing home administrators immediately. However, if you feel that they may be responsible too, you can directly file a complaint with the ISDH.
The more thorough you are in the complaint, the more information they will use in their investigation. All investigations are confidential.
After reporting the abuse, you have the right to seek out legal counsel. We are here to ensure that you and the victim receive proper treatment and that your rights are upheld. Confronting these cases on your own can be exhausting and emotionally draining. You have the option to work with a lawyer who handles nursing home abuse cases.
Statutes of Limitation
If you cannot reach a fair settlement through negotiations with the nursing home’s insurance company, you have another option for seeking the compensation and justice you deserve. You can file a personal injury lawsuit or a wrongful death lawsuit; however, you cannot wait beyond a certain amount of time to file a lawsuit.
Deadlines, or statutes of limitation, require victims to take legal action within a certain time frame, usually beginning on the date of the injury or the date the victim discovered the injury.
Statutes of limitation apply in personal injury lawsuits, so do not wait to take legal action. Waiting too long can result in your loss of rights to bring a lawsuit against a negligent party.
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Let Ben Crump Law, PLLC Handle Your Nursing Home Abuse Claim
Our Indianapolis nursing home abuse lawyers want to help you gather everything you need to present your case. We can gather evidence, negotiate with insurers, and represent you in trial, if needed.
Contact Ben Crump Law, PLLC, today at (800) 712-9119 so we can get started on helping your family member take down their abuser. We work on a contingency fee plan, so you do not pay until we win your case. By bringing awareness to the cruelty happening in these nursing homes, you may be helping others along with your loved one.