Nursing homes are a place where the elderly should be safe. Unfortunately, this is not always the case, and at times, nursing home employees abuse the residents. If an employee of the nursing home has mistreated you or a loved one, contact an Indianapolis nursing home abuse lawyer.
In the majority of cases, the victim does not bring a lawsuit but rather a family member. An experienced attorney could help you navigate bringing a lawsuit on behalf of a loved one.
Cause of Action
When nursing home abuse occurs, the one responsible should be held liable. The correct cause of action to sue the defendant depends on the circumstances of the abuse. It may be difficult choosing how to sue for nursing home abuse, but an experienced Indianapolis attorney could help.
Nursing home abuse is not always intentional. Unfortunately, there are times when the care provided is not up to the appropriate standard of care expected in nursing homes. When this occurs, negligence is the appropriate cause of action to bring a lawsuit under.
Negligence requires a duty to the victim and a breach of that duty. Nursing homes have a legal duty to provide safe and reasonable care to their residents. Providing substandard care is a breach of that duty, which results in the nursing home’s liability.
The thought of a resident suffering intentional abuse is horrible, but it does happen. Intentional torts occur when the defendant intends that their act injure the victim. Intentional torts in nursing homes can involve any of the following:
- Physical abuse
- Emotional abuse
- Sexual abuse
- Financial Exploitation
Common Type of Injuries
Nursing home patients can face various types of injuries in an assisted living facility. Common injuries that elderly residents face include:
- Falls resulting in injuries
- Broken bones
- Medication errors
Untimely Death of Elderly Patients
Wrongful deaths could result from injuries caused by the actions of the employee or nursing home. When nursing home abuse ends in the victim’s death, a separate claim for wrongful death could be brought. The nursing homes or their employees’ negligent or intentional acts can result in a wrongful death lawsuit. Indiana Code §34-23-1-1 requires a wrongful death lawsuit to be filed within two years of the death.
Who Could Be Held Liable in a Nursing Home Abuse Case?
The party who suffered abuse is always able to sue for their injuries. However, an elderly victim may have difficulty, physically or mentally, bringing a lawsuit. As a result, family members are allowed to step in and bring a lawsuit on behalf of the victim.
When a family member brings the lawsuit, they act on behalf of the victim and not for personal gain. The decedent’s estate is the correct party to file a wrongful death lawsuit. A qualified Indianapolis attorney could help bring a lawsuit for the nursing home abuse a loved one experienced.
Hire An Indianapolis Attorney For Your Nursing Home Abuse Case
Lawsuits for nursing home abuse can be very emotional. If your loved one has suffered abuse, you are likely very upset, even angry, with the nursing home. A skilled Indianapolis nursing home abuse lawyer could help you navigate the lawsuit and handle the case’s legal aspect.
Our firm’s attorneys have the tools to help you hold the defendant liable for nursing home abuse your loved one suffered under their care. An experienced attorney could increase the chance of holding the defendant responsible for their abuse. Call today.