DELVENTHAL LAW
ARE YOUR LOVED ONES PROTECTED?
When our elders are sent to nursing homes to recover after a major surgery or medical event, we expect that they will be treated with the utmost regard and respect.
Too often, however, the nursing home industry hires under-qualified employees, has substandard or outdated equipment, and has sanitary problems that increased our loved one’s risk of injury. Sometimes they hire unhinged or disturbed employees that abuse the residents. Other times, they are so understaffed that the few employees they do have are overwhelmed and the standard of care drops to a level that puts patients at risk.
HIRE A FORT WAYNE NURSING HOME ABUSE ATTORNEY
If any of these ring familiar to you, then you are entitled to sue. Exacting a monetary toll for a health provider’s incompetence or carelessness is often the only remedy aggrieved parties have to punish those who have wronged the people they love. It sends a message that their quality of care is insufficient. It lets them know that they can’t cut corners at the expense of patient safety and care.
MEDICAL MALPRACTICE AND NEGLIGENCE
Nursing homes are healthcare facilities. As such, they can fall under either the medical malpractice laws of Indiana or under basic negligence laws. For instance, if a patient were to slip and fall on a wet floor, then that would be a premises liability claim. On the other hand, if a lapse in the standard of their medical care resulted in an injury or death, then that would be a medical malpractice claim.
The role of negligence is similar in both cases. Your attorney must prove that:
- The defendant owed a standard of care to the injured party;
- There was a lapse or breach in that standard of care;
- The breach resulted in injuries to the plaintiff.
In the case of medical negligence, the only major difference involves how the lapse or breach happens. Not every adverse medical event is considered medical malpractice. The plaintiff must be able to prove that nurses, doctors, or the facility itself failed what most doctors would consider a reasonable standard of care.
COMMON NURSING HOME ABUSE LAWSUITS
As mentioned in the previous section, nursing home abuse lawsuits can span a number of different kinds of personal injury claims. Some of the most common include:
- Premises liability. A nursing home is expected to keep the grounds safe and free of hazards. Winning a lawsuit like this presumes that the nursing staff was aware of the dangerous condition or should have been aware of the dangerous condition.
- Negligent hiring. When a nursing home hires an employee who abuses, neglects, or otherwise intentionally harms their patients, the nursing home can be held liable.
- Negligent care. This often happens in nursing homes that are understaffed. A patient may suffer an adverse medical event and the staff does not respond in time or neglects entirely to address the problem.
- Inadequate upkeep of the premises. Since nursing homes are medical facilities, they must be kept in sanitary condition. The chance of infection or the spreading of disease is very high. When a nursing home neglects to make routine efforts to keep the premises clean, patients can be harmed. Health and safety standards are often set by the state, so attorneys need only establish that the nursing home was in violation of state laws and that injuries resulted from it.
- Medical malpractice. Nursing homes are often targeted for medical malpractice, especially those that are understaffed. Research has shown that the nurse-to-resident ratio has a major impact on the quality of patient care. When the staff of the nursing home fails a basic standard of care and this results in a patient’s injuries they can be held liable for medical malpractice.
Indiana Laws Concerning Personal Injury Lawsuits
Since nursing home abuse lawsuits are tort or personal injury claims, they are governed by State of Indiana statutes that govern all other personal injury claims.
In Indiana, the statute of limitations on personal injury lawsuits is two years. That means that a plaintiff has two years from the date of the accident to file a claim against an at-fault party.
In addition, Indiana imposes damage caps on medical malpractice claims. Medical malpractice claims are capped at $1.25 million. However, other claims of negligence against a nursing home are not capped at all. If your attorney can prove that the nursing home caused injuries but their negligence did not require a medical decision, then the case would not be subject to medical malpractice damage caps.
Wrongful Death Claims in Indiana
Sometimes, patients die as a result of a nursing homes negligence. In that case, survivors can file a wrongful death claim against the nursing home.
Wrongful death claims are an extension of personal injury tort. The major difference, however, is the lawsuits are initiated by loved ones and the victim’s estate, not the individual themselves.
Indiana’s wrongful death statutes can be found in Indiana Code 34-23-1[1]. If your loved one lost their life due to the negligence of a nursing home, a lawsuit must be initiated by a representative of the deceased’s estate. However, a spouse or children may collect damages for the loss. In addition, anyone who was financially or otherwise dependant on the deceased for daily care can also collect damages.
Damages in wrongful death lawsuits are capped at $300,000.
NURSING HOMES ARE SUBJECT TO LAWS AND REGULATIONS
Nursing home abuse has become a hot topic in the news. With the advent of corporate “chain” nursing homes and reports of widespread understaffing that compromises the quality of patient care, governments are scrambling to impose stiffer regulations and restrictions on nursing homes.For instance, nursing homes that accept Medicare are required to abide by federal regulations defining a basic standard of care. If the nursing home is found in violation of that standard of care, it becomes much easier to file a lawsuit against them.On the other hand, when a patient dies in a nursing home’s care or is otherwise injured, it’s difficult to find out precisely what happened. In a comparative fault state like Indiana, a patient can be assigned some of the blame for their injuries.
This is why it is imperative to have a skilled nursing home abuse attorney in Fort Wayne manage your case. The Indiana nursing home abuse attorneys at Delventhal Law Office, LLC can help recover damages when your loved one is neglected, abused, or otherwise injured by a negligent nursing home. Give us a call at (260) 238-8608 or contact us online and we can begin preparing your case immediately.
The Indiana law that applies to your nursing home abuse case
Indiana nursing-home claims combine common-law negligence under IC 34-11-2-4[2] with the regulatory framework administered by the Indiana Department of Health[3] and the federal oversight regime documented at CMS Quality, Safety and Oversight[4]. The Indiana Adult Protective Services statute under IC 12-10-3[5] imposes mandatory reporting duties. Many Indiana nursing homes also fall within the Medical Malpractice Act under IC 34-18[6], which triggers Medical Review Panel proceedings and the statutory damages cap.
How insurance carriers fight Fort Wayne nursing home abuse claims
Nursing-home defense in Allen, DeKalb, and Whitley County follows a predictable pattern. The first move is the natural-progression argument — the facility claims a pressure ulcer, fall, or decline was the unavoidable course of advanced age and comorbidity rather than the result of inadequate care. The second is the staffing-records fight, where the facility resists production of daily staffing rosters showing nurse-to-resident ratios below the threshold required by CMS Quality, Safety and Oversight[4] guidance. The third is the arbitration-clause invocation, where the facility tries to force the case into closed arbitration under an admission agreement clause. The fourth is the Medical Malpractice Act gating argument when the facility qualifies as a covered provider. We build the case around the survey history, the deficiency citations, the staffing data, and the wound-care or fall-risk care plan that was not followed.
Evidence we preserve in the first 48 hours
Nursing-home cases turn on the survey history, daily staffing data, and the resident's care plan compared against the actual nursing notes.
- Indiana Department of Health survey reports and CMS deficiency citations for the prior three years showing recurring failures in falls, wound care, or supervision
- Daily staffing rosters and time-keeping records demonstrating actual nurse-to-resident and aide-to-resident ratios during the relevant period
- The resident's full care plan, fall-risk assessment, Braden scale wound-risk scoring, and every interdisciplinary care conference note
- Complete nursing notes, medication administration records, weight logs, intake-and-output records, and incident reports for the relevant admission
- Photographs of any pressure ulcer or injury, hospital transfer records when applicable, and the death certificate when the case involves a wrongful-death claim
Damages categories in an Indiana nursing home abuse case
Indiana nursing-home damages depend on whether the facility falls under the Medical Malpractice Act cap. Within the Act, recovery is capped under IC 34-18-14-3[7], with the provider's primary insurance paid first and the Patient's Compensation Fund covering amounts above that layer. Outside the Act, common-law negligence recovery is uncapped and covers past and future medical expenses, pain and suffering, loss of dignity, and wrongful-death damages under IC 34-23-1[8] for the family. CDC falls-prevention[9] data and wound-care literature ground the long-term-impact testimony at trial.
What our nursing home abuse clients ask most
What signs of nursing-home abuse or neglect should I document?
Unexplained bruising, pressure ulcers staged II through IV, rapid unexplained weight loss, dehydration, recurring urinary tract infections, falls causing fractures, medication errors, and personality changes suggestive of overmedication are the most common documentable indicators. Photographs dated at the time of observation and contemporaneous notes are the strongest evidentiary foundation for the case.
Are Indiana nursing homes governed by the Medical Malpractice Act?
Many Indiana long-term-care facilities qualify as covered providers under the Indiana Medical Malpractice Act, which means the claim must proceed through a Medical Review Panel under IC 34-18-10[10] before suit and is subject to the damages cap under IC 34-18-14-3[7]. The qualification turns on the provider's enrollment with the Patient's Compensation Fund.
Can I sue a nursing home for a fall that broke my parent's hip?
Fall cases in Indiana facilities turn on whether a fall-risk assessment was performed, whether the care plan included appropriate interventions, and whether staffing levels permitted those interventions to be carried out. CDC falls data and CMS guidance frame the standard of care. Documented care-plan deviations routinely support recovery for hip fractures and resulting decline.
Does the arbitration clause in the admission agreement bind me?
Many Indiana nursing-home admission agreements include arbitration clauses, and enforceability depends on who signed the agreement, whether the resident had capacity to consent, and whether the signing party held a valid power of attorney covering healthcare decisions. Federal CMS regulations restrict pre-dispute arbitration agreements in Medicare and Medicaid certified facilities.
How long do I have to file a nursing-home claim in Indiana?
The standard limitations period is two years under IC 34-11-2-4[2] for common-law negligence and two years under IC 34-18-7-1[11] for malpractice claims subject to the Indiana Medical Malpractice Act. Wrongful-death claims under IC 34-23-1[8] carry their own two-year period running from the date of death. Earlier action preserves records and witness availability.
What happens after you hire us
Our first move is a litigation-hold letter to the facility, a public-records request to the Indiana Department of Health for survey and deficiency data, and a comprehensive medical-records request including all nursing notes and staffing data. When the facility qualifies as a Medical Malpractice Act provider, we file the Proposed Complaint with the Indiana Department of Insurance to convene the Medical Review Panel. Suit is filed in Allen Superior Court or wherever venue is proper. Representation is on a contingency-fee basis.
Sources
- Indiana Code 34-23-1 (in.gov) ↩
- IC 34-11-2-4 (iga.in.gov) ↩
- Indiana Department of Health (in.gov) ↩
- CMS Quality, Safety and Oversight (cms.gov) ↩
- IC 12-10-3 (iga.in.gov) ↩
- IC 34-18 (iga.in.gov) ↩
- IC 34-18-14-3 (iga.in.gov) ↩
- IC 34-23-1 (iga.in.gov) ↩
- CDC falls-prevention (cdc.gov) ↩
- IC 34-18-10 (iga.in.gov) ↩
- IC 34-18-7-1 (iga.in.gov) ↩
