Nursing Home Injuries
When a Loved one is Negligently Injured by a Nursing Home
A nursing home, convalescent home, rest home, or elder care facility can be held legally responsible -- meaning that a personal injury or medical malpractice lawsuit can be filed -- when an act of negligence, neglect, or abuse on the premises ends up causing harm to a patient or resident.
There are an infinite set of accidents, intentional acts, and failures to act that may leave a nursing home or other care facility liable for subsequent injuries and death of a resident based on the conduct of an employee or based on a policy or ongoing practice at the facility.
Some examples include:
- The Nursing Home Fails to Keep the Premises Free of Hazards (meaning dangers that the facility and its staff are aware of, and those they should be aware). This includes preventing slip and fall accidents to preventing one resident from attacking another.
- Negligent Hiring/Supervision of Employees who end up neglecting, hurting or otherwise harming a patient. Failure to properly train and supervise can also come into play when a resident hurts herself/himself.
- Failure to Maintain Adequate Safety Policies, including keeping the facility sanitary.
- Failure to Provide Adequate Medical Treatment up to the medical standard of care, which can lead to a Medical Malpractice case against a medical professional who treated the resident.
If a nursing home accepts Medicare, the nursing home must follow Federal Regulations which set forth the standard of care. One of these regulations is 42 CFR Sec. 483.25 (h) which provides:
The facility must ensure that:
The resident environment remains as free of accident hazards as possible; and
Each resident receives adequate supervision and assistance devices to prevent accidents.
If the nursing home fails to comply with these regulations and a resident is injured, the nursing home is liable to be sued.
Proving Liability Can Be Complicated
When a resident is injured at a care facility, it is not always obvious what exactly went wrong, and who might be legally responsible. The evidence available is often incomplete and may be self-serving for the defendant – the nursing home. In cases like these, your best first step would be discussing the situation with an experienced attorney.
Here at McKibben Shaw Law, we believe that every injury accident is preventable. Every accident is due to someone's fault and failure to follow basic safety rules.
Sometimes those rules can include nursing homes and their doctors and physicians or their assistants. You should not have to bear the brunt of the negligence of someone else.
If the Nursing Home is a "qualified health provider" under the laws of Indiana, then you are required to file a medical malpractice case.
The laws involving medical malpractice cases in Indiana are very extensive and difficult for some people to understand. The laws tend to favor the doctors in these negligence situations.
Come sit down and talk for FREE about your nursing home negligence case. You can hire us to start working on your case in less than 10 minutes. Contact Us Today. Whenever you are hurt by a business, we make it our business to help.
Not just the lawyers you need, but the lawyers you WANT.- Tristen K
Jeff Shaw was Very Professional- Shelby Kunes
Attorney Shaw got me a fair settlement, much more than I thought we were going to get.- Randy & Kathy M
I Told Him He Now Felt Like a Member of Our Family More Than Our Attorney.- Stephanie B.
Your Law Firm Is Number One in Indiana. You Receive an A+ in My Book.- April H.
$5,000,000 Verdict in Indianapolis, IN
Bicyclist Struck by Indianapolis School Bus (independent contractor) Awarded $5M by Indianapolis Jury (Upheld by Verdict, $4.4M Paid)
$3,040,000 Verdict in Gary, IN
Blackjack Dealer Awarded for Slip and Fall on Ice in Trump Casino Parking Lot
$1,750,000 Verdict in Hammond, IN
Child Dies in Fire, Landlord Failed to Provide Adequate Smoke Detectors
$1,460,000 Verdict Near the Ozarks of Missouri
Sheriff's Deputy who Collides With Improperly Transported Manufactured Home Convoy
$750,000 $750,000 Verdict in Delphi, IN
$750,000 Verdict for Lady in Golf Cart Struck by Drunk Driver Awarded by Jury in Carroll County
$750,000 Settlement for Paralyzed Man Shot at Indy Gas Station
Man Shot and Paralyzed at Gas Station by Unknown Assailant from Unruly Crowd That Gathered After Murder of Person the Night Before at Same Site
$750,000 Settlement in Indianapolis, IN
$750,000 Settlement Slip and Fall Indianapolis Woman Falls on Water in Produce Section of Indianapolis Grocery Store Breaking Leg.
$605,000 $605,000 Verdict in Valparaiso, IN
$605,000 Verdict - Child Awarded for Facial Scarring When Landlord Failed to Cover Exposed Hot Water Pipe in Living Room
$500,000 $500,000 Settlement in Bluffton, IN
$500,000 Wrongful Death Settlement in Bluffton, Indiana for Woman Killed When She Crossed Center-Line Into Path of Oncoming Speeding Semi-Truck
$500,000 $500,000 Verdict in Kokomo
$500,000 Verdict for Woman Slip and Fall in Domino's Pizza Restaurant on Water (Reduced to $375,000)