Nursing home abuse is a growing concern in Indiana, as well as across the country. According to recent studies, approximately one in three nursing homes in the United States have been cited for abuse or neglect, with many of these incidents resulting in serious emotional or physical harm. If you or a loved one have been a victim of nursing home abuse in Indiana, it is important to understand your legal options and how to take action.
The process of pursuing a nursing home abuse case is quite different than other injury or death claims as it is most often covered by the Medical Malpractice Act in Indiana. This means that before a lawsuit can be filed, a case must first be presented to a panel of three healthcare providers. This panel will review the case and make a determination whether or not there is sufficient evidence to proceed with a lawsuit.
One of the challenges of bringing these cases to court is the difficulty in obtaining medical records from the nursing home in question. These records are crucial for investigating a claim and eventually building a case. However, nursing homes may be reluctant to release these records or may try to conceal information that could implicate negligence on their part.
Another challenge is the length of time it can take to pursue a nursing home abuse case. In many instances, these types of cases can take five or more years to fully resolve with an outcome. This can be a frustrating and emotionally exhausting experience for victims and their families, who may be eager to see justice served as quickly as possible.
In addition, there are limits on damages for nursing home abuse cases in Indiana. These caps are based on both the Medical Malpractice Act and Indiana’s Adult Wrongful Death Act. For example, if a victim is unmarried, damages are capped at $300k, plus attorney fees, plus last medical and burial costs.
Despite these challenges, it is important for victims of nursing home abuse in Indiana to pursue legal action. Holding negligent nursing homes and their staff accountable for their actions can not only provide justice to victims, but it can also help prevent future abuse and protect other vulnerable individuals from harm in the future.
If you or a loved one have been a victim of nursing home abuse in Indiana, it is important to work with experienced attorneys who can help you navigate the complex and challenging legal process. An experienced legal team can help gather evidence, navigate the medical review panel process and pursue compensation for losses.
At Hurst Limontes, LLC, we have decades of combined experience fighting for our clients in any number of personal injury claims, including nursing home negligence cases. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
Call 317-636-0808 or email us for a FREE and confidential consultation.