It can be a distressing and devastating experience for residents and their families to encounter nursing home abuse. While such abuse sometimes is a criminal act, it may also be possible to take legal action and sue for compensation in civil court for damages incurred due to nursing home abuse.
Identifying nursing home abuse can be challenging as it can manifest in various forms, including physical, financial, emotional, or other types of maltreatment. If you suspect your loved one has been a victim of nursing home abuse, you have the right to receive compensation. To verify your concerns, there are several indications to watch out for.
For a free review of your case with our experienced nursing home lawyers, call Wruck Paupore today at (219) 322-1166.
Physical or sexual harm is often connected with abuse, but abuse can present itself in diverse ways. Senior residents in nursing homes might be susceptible to various forms of abuse. Fortunately, our team of nursing home abuse attorneys can assist you in obtaining justice for your loved one's suffering. Even if it is not immediately clear, abuse can take on several different forms. The following types of nursing home abuse are commonly committed in Gary:
In nursing homes, neglect is a common form of abuse that occurs when appropriate action is not taken by either the staff or the facility. Even if it was not done intentionally, neglect can lead to harm, and those responsible can be held accountable. Neglect is often due to poor management, inadequate staff training, or a lack of resources to meet residents' needs. Neglect includes not providing enough food or water, leaving residents alone for long periods, disregarding residents' complaints, not administering medications properly, and insufficiently cleaning residents or their living spaces.
Abuse is often associated with physical harm; unfortunately, nursing home residents are frequently victims of this mistreatment. Physical abuse involves using force such as hitting, choking, or forcefully dragging someone. The abuse might be caused by a staff member at the nursing home or another resident. However, it is important to remember that physical abuse is never acceptable, and the person responsible might be held accountable for their actions.
Emotional abuse is a type of cruelty that is not as obvious as other forms, yet it is still prevalent. It can occur frequently and quickly, making it difficult for victims to identify it as abuse. If you have experienced harassment, humiliation, or threats, you might have been emotionally abused. Those who have been subjected to emotional abuse often feel hurt and puzzled, and they might be hesitant to take action due to fear of the consequences.
Sadly, financial exploitation is a prevalent issue in nursing homes situated in Gary. Some people are willing to exploit vulnerable residents in these facilities. There are several ways in which financial abuse can occur, such as a nursing home charging a resident for services they did not receive. Alternatively, a resident or staff member might pressure a resident into using their credit cards or transferring money to their personal bank account. It is vital to protect nursing home residents from financial scams, whether they come from an external source or someone within the facility.
If a nursing home resident experiences sexual abuse, they have the right to pursue legal action to seek justice for the harm they have suffered. Sexual abuse can include any unwanted sexual contact, like inappropriate touching or fondling, that occurs without the resident's consent. It is important to understand that sexual abuse can also occur without physical contact. If a resident is forced to undress or participate in other sexually inappropriate actions, the person responsible can be held responsible.
It is possible for abusers to conceal their actions, but if you know what to look for, there are often noticeable indicators. If you notice unexplained changes in your loved one's behavior or mood, it could be a sign that they are experiencing abuse. The following are some of the most prevalent indications that you or someone you care about has been subjected to nursing home abuse in Gary:
When visiting a loved one, it is crucial to note any bruises or injuries you encounter, as they could be indications of abuse. Although bruises are common in older individuals, they usually have a cause. However, if you notice signs of physical abuse, like cuts or scratches, that cannot be explained, it is important not to ignore them.
If you notice that your loved one's finances are changing in a way that does not match their usual behavior, it might be a sign of financial exploitation. Sometimes, your loved one might not realize they are being financially abused, especially if a staff member or another resident is taking their belongings or the nursing home is using their funds inappropriately. If your loved one wants to change their will or make other financial decisions, it is important to be cautious, as it could be a sign of financial abuse. Although our firm does not handle cases that do not involve physical injury, financial abuse should be reported to legal authorities who will conduct a proper investigation.
Sudden changes in a resident's behavior might indicate possible abuse. They might display mood swings that are out of character, such as increased anxiety, anger, or depression. On the other hand, the person who has been abused might become more withdrawn and unwilling to engage in conversation.
When filing a nursing home abuse claim in Gary, you must consider the statute of limitations. As per I.C. § 34-11-2-4, victims of nursing home abuse have two years from the date of the abuse to take legal action. The clock starts ticking on the day the cause of action accrues. For example, if the abuse happened on August 10, 2023, you have until August 9, 2025, to file your claim in the correct court.
The statute of limitations is important because it represents the last day you typically have to file your claim. If your case is not filed by the cutoff date, it will usually be dismissed from the court unless a qualifying exception applies. If your case is not filed within the statute of limitations, you will not be able to pursue compensation.
Contact Wruck Paupore at (219) 322-1166 for a free case assessment with our Gary nursing home attorneys.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
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