Nursing Home Negligence - Caress Worland Law Group

Have you or a loved one experienced negligence or abuse in an Indianapolis nursing home? Call (317) 225-5400 for a free, confidential consultation with one of our experienced Indianapolis Nursing Home Abuse Attorneys.
Estimates of the prevalence of nursing home negligence vary widely. While some studies have suggested that approximately one in 10 nursing home residents may experience some form of abuse or neglect during their lifetime, others put the rate of neglect as high as 95 percent.

Regardless of which figure is correct, we know that the rate of nursing home negligence is far higher than it should be. We also know that the prevalence of nursing home neglect is severely underreported due to both (i) the embarrassment, uncertainty, and intimidation of residents who have experienced neglect, and (ii) the efforts of nursing home administrators and staff to obfuscate improper conduct. If you are concerned about neglect or abuse in an Indianapolis nursing home, you are not alone, and it is important that you speak with our Indianapolis Nursing Home abuse lawyers promptly.

At Caress Worland Law Group, our Indianapolis Nursing Home Abuse Attorneys provide experienced and compassionate legal representation for nursing home residents who have experienced neglect and abuse. Founding attorney Tim Caress has more than 20 years of experience representing victims and their families, and our firm has successfully represented clients in multiple cases against nursing homes in the greater Indianapolis area. Unfortunately, in cases of neglect and abuse, nursing home residents’ situations tend to get worse before they get better. Because of this, if you have any concerns about the level of care you or a loved one has received in a nursing home, we encourage you to contact us promptly for a free initial consultation.

Many people are confused about the meaning of the term “nursing home negligence.” In Indiana, nursing homes have a legal obligation to provide their residents with the support and care they need to live healthy and fulfilling lives. Any practice, action, or failure to act that falls short of meeting this obligation can potentially support a claim for nursing home negligence. This includes the actions of caregivers, administrators, professional staff members, janitorial staff, and other employees.

In many cases, seniors and their families will have claims against their nursing homes based upon negligent hiring and supervisory practices. Before entrusting a caregiver with the wellbeing an aging individual who is unable to fully provide for himself or herself; and before entrusting other personnel with access to residents’ rooms, medications, and personal belongings; nursing homes must ensure that these individuals are appropriately qualified to work in the nursing home setting. This means that they must have adequate training regarding senior care, they must be able to identify when medical intervention may be necessary, and they must not have a background which suggests that they present a risk to residents’ physical or financial security.

Sadly, nursing homes too often place financial considerations above their residents’ safety and wellbeing. They hire inexperienced caregivers without confirming their credentials, and they choose not to spend money on background checks for their employees. As a result, they are willfully ignorant to the risks their senior residents face on a daily basis. And when something goes wrong, they can – and should – be held fully accountable.

Of course, negligent hiring and supervision are just two examples of the numerous types of shortcomings that can lead to injuries, illnesses, and death for vulnerable nursing home residents. At Caress Worland Law Group, we also handle cases involving:

Failure to Seek Medical Care

When a nursing home resident’s health deteriorates or a specific incident leads to an acute injury or illness, the nursing home has a responsibility to ensure that the resident receives appropriate medical care. Failure to seek medical attention when necessary is among the most common and most dangerous forms of nursing home neglect.

Inadequate Access to Nutrition, Hydration, and Hygiene

For residents who cannot perform tasks of daily living without help, the nursing home’s role includes ensuring that these residents have access to the food, fluid, and facilities they need to stay healthy. When residents are abandoned, when they are ignored, and when they are intentionally deprived of their basic needs, they deserve better. And they deserve financial compensation for the physical and emotional effects of their mistreatment.

Inadequate Mobility

Bed sores are among the most common injuries sustained by nursing home residents, and they are entirely avoidable with adequate professional care. When nursing home residents are at risk for developing bed sores (or other injuries or medical conditions) due to limited mobility, caregivers and staff members must ensure that these residents receive regular assistance as necessary.

Inadequate Supervision and Monitoring of Residents

Whether due to physical limitations (such as hip injuries or bone degeneration) or dementia or other forms of mental illness, many nursing home residents can present a danger to themselves if not supervised and monitored appropriately. When an aging resident is known to be at risk for falling or eloping, their nursing home must manage this risk accordingly.

Medication Issues and Errors

Medication-related risks for nursing home residents include overdosing, underdosing, mixing up residents’ prescriptions, and theft of prescription drugs. We have seen tragic cases of caregivers intentionally overdosing residents in order to keep them immobile, and we have seen similarly devastating cases of caregivers stealing and intentionally withholding residents’ medications.

Physical, Sexual, and Financial Abuse

When a nursing home resident suffers from physical, sexual, or financial abuse, the nursing home can be held legally responsible for its employees improper and unlawful acts. This includes pushing and tripping residents, verbally harassing residents, withholding food and medications, withholding access to the bathroom, engaging in unwanted sexual conduct, stealing checks, using residents’ credit cards, and convincing residents to change their wills.

Use of Defective Equipment

From beds to wheelchairs and from handrails to medical devices, defective equipment in a nursing home can lead to sudden and unexpected accidents and injuries for aging residents. While a defective piece of equipment may give you a claim against the manufacturer, if the nursing home should have known better, you may have a claim for nursing home negligence as well.

Use of Physical and Chemical Restraints

While use of restraints was once considered an appropriate form of care for seniors with certain medical conditions, those days are long gone. With today’s advances in modern medicine, there are far better and more humane options available. If you or a loved one has been physically restrained or medicated in order to limit mobility, you may be entitled to financial compensation for nursing home neglect or abuse.

Q: What are some of the symptoms and warning signs of nursing home negligence?

Due to the variety of types of nursing home negligence, the symptoms and warning signs of improper care are quite extensive as well. While the following are among the most common effects of nursing home negligence, once again, if you have any concerns, you should speak with our Indianapolis nursing home abuse lawyers as soon as possible:

Q: Can you help me transition to another nursing home?

Yes, if you have experienced neglect or abuse in your nursing home, you deserve better. You should not feel obligated to stay for any reason, and our team can help you transition to another Indianapolis-area nursing home with a record of providing quality care.

Q: How much will it cost to hire an attorney?

At Caress Worland Law Group, we do not charge our clients any costs or fees out pocket. We will do everything we can to help you as quickly as possible. And if we help you secure a financial recovery, we will retain a percentage of your award as compensation for our services and costs incurred.

Q: What if the nursing home tries to retaliate once I file a claim?

Due to this risk, it is important that you seek legal advice before giving any indication that you intend to take legal action against the nursing home. Our attorneys can address this concern, and we can help ensure that you are not at risk for further harm from neglect or abuse.

Q: What if I am not sure whether I need an attorney?

If you are unsure whether you need an attorney, you owe it to yourself to pick up the phone. If you have concerns about neglect or abuse in an Indianapolis nursing home, there is a good chance that your concerns are valid. At Caress Worland Law Group, all initial consultations are completely free and 100% confidential. Our highly experienced Indianapolis Nursing Home Abuse Lawyers are more than happy to help you make informed decisions about asserting your legal rights.

For more information about taking a stand against nursing home negligence or abuse, please contact us to schedule an initial consultation. You can reach out to us 24/7. So call (317) 225-5400 or tell our dedicated Indianapolis nursing home abuse attorneys about your situation online now.