Contact Indiana nursing home negligence lawyer Tony Zirkle for dependable advice and skilled representation if you believe that an elderly parent or other relative is suffering from negligent or abusive treatment at a nursing home, convalescent home, or assisted living facility anywhere in the state.
If you need an Indiana Nursing Home Abuse Attorney, contact Indiana Nursing Home Abuse Attorney Tony Zirkle now!
Nursing Home Abuse FAQ's
Whether your loved one is receiving poor treatment with respect to medication or nutrition, or has been injured as a result of poor supervision or attention, the Law Offices of Tony Zirkle can provide a free consultation about the full range of your legal options.
Nursing Home Injuries - An Overview
Sadly, when people age, they become more vulnerable to abuse, neglect, and exploitation. Some older people opt to move into nursing homes or longterm care facilities to ensure that they are well cared for, and will be protected from the effects of their deteriorating physical and/or mental conditions. In these settings, however, older people are sometimes actually physically and/or psychologically harmed by the negligent or intentional acts of their caregivers.
Many people in the U.S. discount the feelings and rights of the elderly because they associate aging with physiological, psychological, and social disability; however, this attitude is unwarranted and unfair. Senior citizens should be allowed to live out their lives free from pain, suffering, and distress caused by the negligence or abuse or others. One could argue they have an even stronger right to live in peace and comfort than any other segment of society, given the contributions they have made to society over their many years.
In institutional settings, several factors have been shown to contribute to the abuse or neglect of residents, including: poorly qualified and inadequately trained staff; staff with a history of violence; inadequate numbers of staff; the isolation of residents; and, the known reluctance of residents to report abuse out of embarrassment or fear.
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Negligence in the Nursing Home Setting
A nursing home, or its owner, or proprietor, can be held liable for negligently caring for its residents. In such a case, the injured resident must prove: 1) that the nursing home's owner or employees breached a duty of care owed to the resident; 2) that the resident was injured by this breach; and, 3) that the nursing home owner's or employee's conduct caused the injury. In a case where a resident dies because of the nursing home's negligence, it is not necessary to prove that the resident would have survived if not for the negligence. If the defendant accelerated the resident's death by just minutes or even seconds, it may be liable for such death, and if the negligence caused the resident additional pain and suffering, the nursing home can be liable to the resident's estate.
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What Your Rights Are as a Resident of a Nursing Home
Nursing homes have been defined as private institutions that furnish shelter, feeding and care for sick, aged, or infirm persons. They are not strictly considered hospitals, in that they do not necessarily render actual medical treatment, but may be considered hospitals for certain purposes, depending on various statutes that may govern their operation.
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Special Considerations in Proving Damages in Cases Involving the Elderly
A party who brings a claim against a nursing home will want to bring out all evidence of the losses or suffering that resulted from the nursing home's conduct.
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Statutory Protection of Older Persons
The mistreatment of older people was brought to the attention of the American public and lawmakers in the early 1980's. Numerous cases, in which older people were being physically harmed, deprived of food, water or proper medical attention, and deprived of their life savings by caregivers and relatives, were brought to light. When the widespread nature of this abuse and neglect was made clear, state legislatures started to enact laws to address these problems.
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