Tag Archives: elder abuse lawsuit

FAQS Regarding Nursing Home Abuse and Neglect

Posted on by

Nursing Home Neglect Indianapolis Indiana

Nursing Home Neglect Lawyers 317-881-2700

Nursing homes are private institutions that provide shelter, food, and care for the sick and elderly. Since nursing homes do not actually provide complex medical treatment, they are not considered hospitals. However, many institutions could be considered as a medical care facility for certain purposes, depending on the statutes that govern their operation.

There are four different types of nursing home facilities that offer separate “levels” of care for residents. From the lowest level of nursing care to the highest, these include adult boarding homes, residential care facilities, intermediate care facilities, and skilled nursing care facilities. Depending on how a nursing home is classified, different standards will apply. For example, state and federal governments regulate skilled and intermediate nursing care facilities since they are generally participants in Medicaid and Medicare programs. All nursing care facilities are mandated to build and implement programs, written policies, and procedures forbidding maltreatment and abuse to its residents.

Overcome the Fear of Placing a Loved One in Nursing Care

If you are currently considering a nursing care facility for your sick or aged loved one, you may be afraid to commit out of fear that they may be mistreated, exploited, or ignored. For this reason, it is important to educate yourself in order to feel safer about placing your loved one in a nursing home. Also, be sure to research several facilities for a better chance at finding the institution that can properly meet and exceed their medical care or nursing needs.

You are also likely to have many questions regarding your concerns and more, and you are not alone. Below you will find a few of the most frequently asked questions regarding nursing home abuse and neglect. Use this information to protect your loved one against mistreatment and more, and ensure a loving and enriched retirement for those you love so much.

What Behaviors are Considered Neglect in a Nursing Home?

When a nursing care facility fails to provide sufficient services that are essential to the health and safety of their residents, whether intentional or not, they are guilty of neglect. These services include food, shelter, safety, supervision, clothing, medical care, and more.

If a Resident Complains or Accuses a Nursing Home of Mistreatment or Neglect, What Will Happen Next?

Every state has a system in place for reporting allegations of nursing care abuse, exploitation, or neglect. This system involves an investigation that consists of interviews with the alleged victim, their family, and the staff. If maltreatment is suspected, Adult Protective Services will enter the scene and provide their assistance. It is important for the victim and family to retain the services of a licensed personal injury attorney before the investigation begins. This will ensure just compensation for any losses and damages caused by the mistreatment or neglect.

What are the Rights of Nursing Home Residents?

The law, both federal and state depending, provides nursing home residents several rights. These rights include, but are not limited to, being free of verbal, mental, emotional, physical, and sexual abuse. They also have the right to not be subjected to purposes. Although a resident can be retrained by doctor’s orders if they pose a threat to themselves and others, unnecessary physical or chemical restraint intended for disciplinary purposes is illegal. Nursing home residents also have a right to a safe and comfortable environment at all times, proper medical care, and sufficient food, clothing, hygienic cleaning, and more. Talk to a nursing home neglect lawyer for details about resident rights’.

Can a Resident Still Sue a Nursing Home for Maltreatment if They Have No Contract With Them?

If a nursing home resident does not have an official contract with the facility, and they are subjected to maltreatment or neglect, they still have the legal right to pursue a lawsuit and injury claim against the facility. There are numerous legal theories that allow nursing home neglect victims, or survivors of victims, to sue the home even without a contract.

Nursing Home Neglect Lawyers

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about nursing home neglect and abuse in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek have decades of trial and litigation experience representing victims of nursing home abuse. They offer free initial consultations to hear your story and determine your eligibility for filing a claim, and never collect attorney fees unless they win your settlement. Call us at 317-881-2700 to schedule an appointment with a seasoned nursing home abuse lawyer in Indianapolis, IN today.

What is Negligent Supervision?

Posted on by

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

There are three primary cases of negligent supervision. They are cases that generally involve children, elderly, or employees. Although three separate circumstances exist, all cases of negligent supervision share the same principles. They all must prove that the negligent person was in fact responsible for monitoring the individual, whether child, employee, or senior citizen.

And all cases must prove that the negligent person failed to sensibly and dutifully supervise the individual. Also, all cases must prove that the negligent person’s failure to properly monitor the individual was a direct cause of that individual’s serious injury and damages. Last, all cases must prove that the accident or injury to the individual was foreseeable had proper supervision been used. Here are some examples of such cases:

Negligent Supervision of Employees Occurs If…

• An employer is responsible for monitoring an employee that works from a satellite office or at home, and that employee is conducting company-related scams or personal scams on company time or while using company property.
• An employer chooses to ignore acts of violence or threats in the workplace, or dismisses complaints from co-workers about such behavior.
• An employer allows a convicted child sex offender to be alone with minors.
• An employer fails to provide and ensure proper training for jobs that require using dangerous weapons, chemicals, tools, or machinery. Also if they fail to properly supervise the use of such objects.
• An employer allows or ignores sexual advances or harassment of another employee.
• An employer allows an employee to drive or operate machinery while under the influence of drugs or alcohol.

Negligent Supervision of Elderly Occurs If…

• A nursing home ignores financial and physical abuse by staff members, visitors, or guests.
• A senior citizen with dementia wanders off the property.
• A senior citizen that is at-risk of falling, falls and injures themselves due to improper monitoring.
• A senior citizen chokes as a result of unsuitably-sized food.
• A senior citizen suffers bed sores and other injuries as a result of poor or infrequent hygienic care.

Negligent Supervision of Children Occurs If…

• Parents allow teenagers to drink alcohol or use drugs at unsupervised parties.
• A child accesses matches and starts a fire.
• A child finds a gun and shoots themselves or another person.
• A child or minor is neglected while in foster care.
• A daycare fails to prevent a child that is known for aggression from harming another child.
• A daycare fails to retain appropriate staff numbers for effective child supervision.
• A parent allows an unlicensed minor to drive a vehicle.
• Babysitters, nannies, caregivers, or guardians fail to protect children from traffic, animals, ledges, pools, and other obvious hazards.

If you believe yourself or a loved one was a recent victim of a personal injury resulting from negligent supervision, contact a licensed and experienced accident attorney to discuss your legal options and your right to compensation. You or your loved ones may be able to collect remuneration for your damages.

Craven, Hoover, and Blazek P.C.

Personal Injury Attorney Indianapolis

Personal Injury Attorneys Indianapolis 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a personal injury claim in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are happy to answer your questions about a recent accident or negligent case. If you believe you or your loved one has been a recent victim of negligent supervision, nursing home abuse, or other form of personal injury, contact our licensed accident attorneys right away to learn your legal options. Call 317-881-2700 and schedule a free initial consultation with an Indianapolis personal injury lawyer, today.

Signs that Your Loved One is Suffering from Nursing Home Neglect

Posted on by

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

There are thousands of nursing and assisted living homes located all across the county. It has proven to be an industry that is high in demand, and continues to grow in numbers each year. Assisted living centers and nursing homes are widely advantageous for the elder populations, and can alleviate mounds of pressure from relatives and loved ones. With the growing numbers of homes and centers, it is only obvious that the numbers of elders living in these homes continue to increase as well.

We only want the best for our elderly family members and loved ones; so when we suspect negligence or abuse within these centers, devastation is only expected. Following these suspicions should be a comprehensive investigation to ensure that your loved one is being properly cared for. Learn the common signs and indications that generally point to nursing home neglect and elder abuse. If you find that abuse or neglect has occurred, it is time to consult an elder abuse lawyer to file a lawsuit against the home or organization.

Elder Abuse – Signs and Indications

There are several forms of abuse that can occur within a nursing home, or while in the care of an assisted living professional. At the same time, there are also several forms of negligence that can occur as well. Not treating health problems, failure to provide sanitary living conditions, withholding food and water, physical abuse, sexual abuse, emotional abuse, stealing money, and much more are all examples of common nursing home abuse or neglect. Instead of deciphering the difference between the two, it is better to simple decide if abuse or negligence is taking place at all. Sometimes the elderly cannot communicate with us regarding their care.

In other cases, the elderly is completely unable to communicate concerns or their experiences in a home. This is one of the major reasons why nursing home neglect can happen. Other times, the elderly is too afraid to speak up; either from fear or punishment, embarrassment, verbal threats, or simply to not “bother” their loved ones with their problems. This is why it is so important to see these signs for them, and take appropriate action to make it stop. Here are some of the most common signs of nursing home neglect and elder abuse:

• Caretaker Denies Visitors
• Elderly Refuses Visitors
• Bed Sores
• Unexplained or Repetitive Bruising or Sores
• Sudden Change in Behavior
• Sadness or Depression
• Appearing Lachrymose or Weepy
• Seeming Scared or Timid
• Quiet or Expressionless
• Diminished Hygiene
• Weight Loss
• Genital Pain or Bleeding
• STD’s
• Torn or Blood-Stained Under Garments
• Difficulty Sitting or Walking
• Sudden Change in Bank Account or Banking
• Unpaid Bills
• Forged Signatures on Financial Transactions
• Sudden Changes in Will
• And More

If you suspect that your elderly loved one is experiencing nursing home neglect or abuse of any kind, be sure to take abrupt and responsible actions. Contact the police and an Indianapolis Elder Abuse Attorney to better solidify your case and protect your loved one from further abuse.

Craven, Hoover, and Blazek P.C.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed elder abuse lawyer about a possible nursing home neglect lawsuit in Indianapolis, Indiana and its nearby counties. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are extensively well-versed and experienced in elder abuse law. We offer free initial consultations to discuss your case and determine if you are entitled to remuneration for your family’s damages. Also, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 and learn more about filing a nursing home
neglect lawsuit in Indianapolis, IN today.