October 22, 2017

Filing A Nursing Home Lawsuit

A nursing home lawsuit may generally be pursued if a resident has been harmed by the improper or negligent care of a nursing home.  Neglect and abuse of elderly or disabled residents of nursing homes can occur for a variety of reasons including inadequate amounts of staff, under-trained staff, or inadequate facilities.  Research by the National Center on Elder Abuse, Bureau of Justice Statistics found that 91% of nursing homes lacked adequate staff to properly care for patients.  Seeking accountability for a nursing home’s actions through a nursing home lawsuit may be one way for a family to get help for their loved one.  However, filing a nursing home lawsuit can be a very complex undertaking.  Critical determinations must be made prior to filing suit that can impact the success of a case, including:

  • • What evidence should be gathered prior to filing suit?
  • • Must the claim be filed with the Indiana Department of Insurance before filing in state court?
  • • In which court should the case be filed?
  • • Who are the proper parties to name as the plaintiff(s) and defendant(s)?
  • • What are the medical and legal grounds for bringing the suit?
  • • When must the case be filed?

Types of Nursing Home Abuse or Neglect

Residents of nursing homes and long term care facilities are vulnerable victims as often they are unable to verbalize or report the abuse or neglect they are experiencing on their own.  Nursing home abuse or neglect can take on many forms, too numerous to list.  The following represent common examples of nursing home abuse:

  • • failure to provide proper nutrition or hydration
  • • failure to assist with personal hygyiene when needed
  • • over medication or under medication
  • • failure to provide adequate measures to prevent falls
  • • failure to answer call lights in a timely fashion
  • • failure to provide for appropriate medical care
  • • failure to take residents to the toliet, leaving residents in soiled garments or beds
  • • failure to properly turn or position residents allowing them to develop bed sores
  • • use of unwarranted physical or chemical restraints
  • • theft of the resident’s money or personal property

Selecting the Right Attorney to File Your Nursing Home Lawsuit

If you have any suspicions or concerns that a loved one has experienced nursing home abuse, you should consider seeking assistance from an experienced nursing home attorney.  A nursing home attorney can assist with both filing a nursing home complaint with the state agency, as well as determining if further legal action can be pursued.  Selecting an experienced nursing home attorney is of utmost importance when one is considering whether to pursue a nursing home lawsuit. An attorney handling a nursing home lawsuit must not only know the law governing these cases, but must also be able to devote the time and resources to effectively investigate and prosecute the claim. In selecting a nursing home attorney, you should consider whether they concentrate their practice on nursing home negligence claims, their experience, whether they will provide you with a free consultation, and whether they are equipped to devote the time and resources necessary to properly pursue a nursing home lawsuit.

Don’t Miss the Deadline for Filing Your Nursing Home Lawsuit.

Time is of the essence when pursuing a nursing home lawsuit.  Indiana law imposes strict deadlines (also called “statutes of limitations”) in a nursing home lawsuit that will forever bar the claim if it is not filed in a timely manner. The law relating to the deadline can be exceedingly complex; therefore, one should not delay in consulting a qualified nursing home  attorney to determine the applicable statute of limitations and review the case.

Request a Free Evaluation of Your Claim Today.

If you believe you may have a potential nursing home lawsuit, The Powless Law Firm, P.C. would like to help. You can request a free case consultation today by calling us at 877-769-5377 or by submitting the free case consultation request form on this page.

Here is important information you should know about us:

  • • We concentrate upon medical malpractice and nursing home neglect claims only, and have years of experience and success in doing so.
  • • We never represent the negligent hospitals, nursing homes, healthcare providers or their insurers.
  • • We offer free consultations.
  • • We never require any retainer fee.
  • • We accept cases on a contingency basis, meaning we only get paid if we obtain a recovery for you.
  • • We work with a variety of highly qualified medical experts to thoroughly evaluate and present our cases.
  • • We are committed to providing the attention and resources required in these complex cases to help make a difference for those harmed by medical malpractice, and to help force changes that will help protect others.
  • • We accept cases anywhere in Indiana.



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