Valparaiso Nursing Home Abuse Lawyer

If you suspect that a family member is being neglected or mistreated, speak to a Valparaiso nursing home abuse lawyer as soon as possible. Nursing home abuse claims can be challenging. Many signs of nursing home abuse can be attributed to various health and emotional issues and can be difficult to prove.

At Theodoros & Rooth, P.C., our compassionate team understands the emotional toll nursing home abuse can have on your loved one. Let our highly skilled personal injury lawyers in Valparaiso, IN protect your loved one’s rights and fight for the justice your family deserves.

Indiana’s Nursing Home Bill of Rights

Indiana has a list of nursing home resident rights that have been put in place by lawmakers. This was meant to go into law so residents get treated with the care, dignity, and respect they deserve. These rights help make sure that each resident gets treatment to protect them from harm. Some of the main rights include:

The right to choose your own pharmacist, doctor, or good nursing home.
The right to live free from physical, emotional, verbal, and mental abuse
The right to receive proper treatment and care for your specific needs

These rights are meant to protect residents and improve the quality of care in long-term care facilities. Knowing the rights is the best way to advocate for yourself or your loved one when something seems off.

How Common is Elder Abuse?

Unfortunately, elder abuse is a widespread issue that spans beyond Indiana. This type of abuse affects both nursing homes and older adults who receive care at home. In the last reporting year, the Indiana Long-Term Care Ombudsman Program FFY23 Annual Report verified and investigated 1,601 complaints in Indiana assisted living facilities categorized as follows:

33% regarding residents’ rights, specifically dignity and respect
19% regarding abuse, neglect, and exploitation

Under the abuse and neglect category, most complaints pointed to gross neglect, psychological abuse, and financial exploitation.

In addition, two in three caregivers admitted to committing abuse against residents within one year. The National Center on Elder Abuse defines elder abuse as any negligent or intentional act by a caregiver or a trusted person that causes or creates a severe risk of harm to an older adult. This harm can take many forms, including psychological, financial abuse, sexual, physical, and neglect.

National statistics show how severe the problem has become:

1 in 10 older adults (ages 60 and older) will experience some sort of exploitation, neglect, or abuse.
Older adults who struggle with dementia are at an increased risk of experiencing some sort of abuse.

What Are Some Characteristics Associated With Elder Abuse?

The truth is that elder abuse can happen to anyone. It often occurs in numerous settings, including long-term care facilities and in the community, which is why it is so helpful to know what to look for when choosing a nursing home. It often results from a combination of social, functional, economic, physiological, and medical factors. The risk factors can majorly increase the potential of maltreatment. Some common characteristics that can expose older adults to abuse include the following:

Cognitive impairment like Alzheimer’s disease or dementia
Chronic mental and medical health conditions
Having a history of poor family relationships between the caregiver and older adult
Emotional, financial, and physical dependence on others for support and care
Not having access to resources like social services, legal protection, or medical care
Social isolation and limiting the adult’s access to advocacy or outside help
Caregiver burden when they feel unsupported or overwhelmed

Injuries Commonly Seen in Nursing Home Abuse

Nursing home abuse can result in several types of emotional and physical injuries, which are often caused by intentional harm or neglect. Some of the most common injuries or conditions that may reveal that someone is being mistreated in a care facility include:

Fractures or broken bones that happen from physical abuse or falls
Bruises or cuts that appear with no clear explanation
Malnutrition or dehydration is usually a sign of neglect of providing hydration or food
Bedsores that happen from sitting for prolonged periods or inadequate care
Choking incidents because of a lack of supervision or improper feeding
Illnesses or infections because of unsanitary living conditions or poor hygiene
Sexual or physical assault is a devastating form of elder abuse
Wandering away because of inadequate monitoring
Sepsis or other infections from poor hygiene or untreated wounds
Falls because of lack of assistance

If your loved one has experienced any of the abuse above, you may have a case if you decide to take legal action. A nursing home abuse lawyer can help by reviewing your case and seeing what options you may have.

Can a Valparaiso Nursing Home Abuse Lawyer Help if the Abuse is Minor?

Even what seems like “minor” abuse is never something to ignore. Small incidents—like a caregiver being unnecessarily rough during transfers, neglecting hygiene, or making dismissive or rude comments—can escalate over time or reveal a larger pattern of neglect. For example, what starts as a caregiver forgetting to refill a water pitcher might later result in dehydration or malnutrition if the issue isn’t addressed.

You should never give anyone the benefit of the doubt when it comes to potential abuse. You should always take these situations seriously. Report the incident to the nursing home’s management immediately and document everything, including dates, times, and details of what happened. If possible, gather evidence, like photos of the conditions or written notes about interactions with staff. It’s also a good idea to follow up in writing after making a verbal complaint to ensure there’s a record of your concern.

If the behavior continues or you notice similar incidents happening again, it’s time to involve our Valparaiso nursing home abuse attorneys. These seemingly small issues can lead to serious harm down the road, and addressing them now not only protects your loved one but can also prevent others in the facility from suffering the same treatment. An attorney can also help uncover whether this is part of a larger, systemic problem within the facility. Abuse—big or small—is never acceptable.

How to Properly Document the Injuries

Most individuals in a nursing home need someone else’s help to report and document their injuries. How you do this could make or break the case, so it is important to make sure you document it effectively.

Take as Many Photos as Possible

If you believe someone is being abused or neglected in a nursing home, make sure you take all of the photos you can of the injury in question. For example, let’s say you keep visiting your grandmother, but she never seems to move from this one spot. She wears the same clothes for several days in a row, and then you notice she has sores. This could be a valid case to claim for bedsores because it is a form of neglect, but you need to make sure to take photos to prove your side.

Another example is visiting your loved one and noticing new bruises or cuts that keep appearing. While older adults are more prone to falling or getting hurt, it is worth checking into, especially if you already have a suspicion. Take photos of any injuries you notice. A video could even work if your loved one can point out the injury and mention what happened.

Keep a Written Log Handy

If you ever have the slightest suspicion of abuse, you should keep some sort of notebook or record to write down every detail. Describe what the injury looked like when you first noticed it, where it was located, how many times instances like this happen, how your loved one seems when you notice it, and any changes you notice over time.

You could also mention behavioral changes in your loved one, such as if they are becoming more fearful, refusing to eat, or withdrawn. Be sure to write down who was working at the time of the incident or who may have seen or overheard what happened.

Gather Medical Records

A medical record is vital to understand and try to prove what happened. The first thing you should do is request copies of all relevant documents, including hospital visits, test results, and treatment notes related to the injury. The records will provide a timeline that may align with your notes and photos.

It is hard to deny these injuries if you have all of the paperwork that falls in line with one another. It might seem like a lot of work getting all of the records together, but it will be worth it in the end when you go to tell your side of the story.

Track Conversations and Reports You Make

If you have a conversation with anyone in the facility, you should document it. Make sure you write down who you were talking to, what you discussed, and the date and time that you spoke. You should keep copies of all messages, emails, and any formal complaint you make with the facility.

File a Formal Report

You shouldn’t just stop at documenting the injury; you should report all injuries. No matter if the injury is big or small, you should notify the nursing home management in writing, and you can then follow up with Adult Protective Services or Indiana’s nursing home ombudsman. If the injuries are severe enough, you may also need to reach out to local law enforcement to file an official report. You should always keep a copy of the report for your records.

Potential Types of Compensation for Nursing Home Abuse

If you are trying to help a loved one who experienced nursing home abuse seek potential compensation, there are different forms to consider. These claims will not only address the suffering your loved one has experienced but also are meant to hold the facility accountable.

Compensation for Rehabilitation and Medical Costs

When a nursing home does not provide proper care, it’s common for residents to need additional medical treatment for an injury that is caused by abuse or neglect. A legal claim can help cover the cost, including rehabilitation costs, hospital stays, surgeries, and emergency care. If the abuse turns into your loved one needing long-term care, compensation can cover future medical expenses so your loved one can get the care they need.

Relief for Pain and Suffering

It is not uncommon for abuse to lead to physical pain and emotional overwhelm. This type of relief compensates for the physical discomfort of injuries like untreated conditions, bruises, and broken bones. It can also cover the emotional pain from fear, betrayal, or humiliation. It’s not uncommon for people to overlook this form of compensation, but it is an important one to include.

Loss of Enjoyment of Life

When neglect or abuse occurs, it can take all of the happiness and “zest” for life away from your loved one. They may not want to interact anymore, make jokes like they used to, or take part in their favorite activities. They may live in fear, which can drastically affect their quality of life.

Statute of Limitations for Nursing Home Abuse in Indiana

When you know abuse or neglect is happening, it is important to file a claim as soon as possible. You only have two years from when the abuse happened, which goes by a lot quicker than you may think. The timeframe may vary on a couple of different factors, including:

If the abuse resulted in wrongful death, the timeframe will be two years from the date of death
If the victim is mentally incapacitated and cannot recognize the abuse, the timeline has the potential to be extended in some cases

Protect Your Loved One With our Valparaiso Nursing Home Abuse Attorney

If you have a suspicion that your loved one is experiencing abuse or neglect in a nursing home, working with nursing home abuse lawyers in Valparaiso, IN can make all the difference. You can move forward with the case on your own. However, our attorneys have years of experience advocating for justice and holding abusers accountable for the harm they have caused.

At Theodoros & Rooth, P.C., we have our T&R pledge that states we only take on cases we believe in. If you want the most out of your case, schedule a free consultation today to discuss the details of your case and how we can help.