Nursing Home Neglect

Nursing Homes Have a Duty to Provide Proper Care for Fort Wayne Residents

All nursing homes have the obligation to properly assess the health and needs of each resident and to implement and follow a care plan. They prepare a "minimum data set" on entry, and develop a care plan which should, among other things, prevent injury and meet the needs of each resident. In addition the nursing home has to be adequately staffed.

Failure to regularly reassess the needs of the resident and modify the care plan or to adhere to the processes a care plan should prescribe, is negligence and the basis for a legal claim against the nursing home. In addition, the nursing home has a contractual duty to provide safe and reasonable care to its residents in exchange for the payment to the nursing home.

Government Regulation of Nursing Homes

The Centers for Medicare and Medicaid Services (CMS) is the component of the Federal government's Department of Health and Human Services that oversees the Medicare and Medicaid programs. A large portion of Medicare and Medicaid dollars is used each year to cover nursing home care and services for the elderly and disabled. Congress established minimum requirements for nursing homes that want to provide services under Medicare and Medicaid. CMS is responsible for writing regulations that govern nursing home care. The regulations cover a wide range of aspects of resident life, from specifying standards for the safe storage and preparation of food to protecting residents from physical or mental abuse or inadequate care practices. There are over 150 regulatory standards that nursing homes must meet at all times.

State governments oversee the licensing of nursing homes. In addition, States have a contract with CMS to monitor those nursing homes that want to be eligible to provide care to Medicare and Medicaid beneficiaries. CMS contracts with each State to conduct inspections to determine whether its nursing homes meet the minimum Medicare and Medicaid quality and performance standards. In Indiana, The Indiana State Department of Health,Long-Term Care Division, licenses and regulates nursing homes. The Indiana State Department of Health inspects each home in the state approximately once a year. These inspections are called "surveys." In addition to surveys the ISDH investigates complaints that are filed against a facility. When the ISDH completes its survey or investigation it writes up the results. The results are called the "survey report." Consumers may obtain copies of inspection and complaint investigation reports at the Department of Health office in Indianapolis, Indiana.

Long-Term Care Division
2 North Meridian Street
Section 4B
Indianapolis, IN 46204
(800)246-8909

Indiana has an Ombudsman Program with trained ombudsmen to help with questions or problems about the nursing home and to assist you in exercising your rights. For information about the Ombudsman Program in your area, call or write:

State Ombudsman
Division of Aging and Rehabilitative Services
P.O. Box 7083, MS 21
Indianapolis, IN 46207-7083
(317)232-7134
(800)622-4484

Signs of Nursing Home Abuse Neglect in Fort Wayne

Some nursing home residents and family members are afraid of disclosing the experiences of abuse or neglect in nursing homes for fear it will become worse. Nursing home residents are also often the victims of abuse or neglect because they have physical or mental impairments that leave them unable to communicate what is going on. For these reasons it is important to notice any visible signs of abuse or neglect that your loved one may not be verbally communicating. Following, is a list of common signs or abuse or neglect in a nursing home or assisted living facility:

• Bed sores (decubitus ulcers)
• Unsanitary environment
• Malnutrition, dehydration
• Smells of urine and/or feces
• Unkempt appearance
• Wounds, cuts, abrasions, burns
• Bruises, welts, swelling
• Broken bones, sudden inexplicable weight loss
• Unexplained/hidden injuries
• Unwarranted restraints (either physical or chemical)
• Fear, agitation, hesitance
• Depression, withdrawal
• Sudden behavior changes
• Unusual behavior patterns
• Unwillingness to communicate
• Disorientation, confusion
• Unjustified isolation
• Rude, humiliating, derogatory comments by staff

Legal Process After an Abuse Accusation

Filing a lawsuit against a nursing home is a structured legal process that typically follows these steps:

1. Reporting the abuse — Before filing suit, report the abuse to the facility administrator and local regulatory agencies. Facilities are required to document complaints, which can later serve as evidence. In some cases, mandatory reporters—such as healthcare workers—must also notify state authorities. If the situation involves immediate danger, contacting law enforcement is necessary.
2. Gathering evidence — Documentation is critical in nursing home law. Take photographs of injuries, document any changes in living conditions, and obtain statements from staff, residents, or family members who have witnessed mistreatment. Medical records are especially important, as they can reveal patterns of neglect, malnutrition, or improper medication management. If possible, request security footage from common areas—many nursing homes have surveillance that may support your claims.
3. Filing the lawsuit — A formal complaint is drafted and filed with the appropriate court. This document outlines the allegations against the nursing home, the specific damages being sought, and the legal grounds for the claim. Once the lawsuit is filed, the defendant (nursing home or staff members involved) is notified and given a deadline to respond.
4. Discovery phase — This is often the longest stage of the process, as both sides collect and exchange evidence. Attorneys may request facility records, caregiver schedules, past complaint reports, and medical documentation. Depositions are also conducted—this means witnesses, staff members, and medical professionals may be questioned under oath. If the nursing home has a history of prior violations, this information can strengthen your case.
5. Settlement negotiations — Many cases are resolved before trial through settlements. Nursing homes and their insurers may offer a financial settlement to avoid the negative publicity and expense of litigation. If the offer is fair and covers medical costs, pain and suffering, and other damages, settling may be the best option. However, if the offer is too low or does not hold the facility accountable, continuing to trial may be necessary.
6. Trial (if necessary) — If no agreement is reached, the case proceeds to trial, where both sides present their evidence before a judge or jury. This phase includes testimony from medical experts, facility administrators, and the victim or their family. A verdict will determine if the nursing home is liable and, if so, how much compensation is awarded. In some cases, punitive damages may be added if the facility’s negligence was particularly severe.
7. Appeals and enforcement — If the nursing home disagrees with the ruling, they may file an appeal, which can extend the legal process. If a settlement or court award is granted, attorneys will ensure that the facility complies with the payment terms and any mandated policy changes.

Nursing Home Abuse - Bill of Rights

In 1987, the U.S. Congress passed the Nursing Home Reform Act (NHRA). This law is intended to protect the quality of life for nursing home residents and improve the quality of nursing home care.

Following is a list of some of the primary rights and freedoms of the NHRA.

• The right to freedom from abuse, mistreatment, and neglect
• The right to be treated with dignity
• The right to freedom from physical restraints
• The right to privacy
• The right to access personal medical records
• The right to accommodation of medical, physical, psychological, and social needs
• The right to refuse treatment
• The right to communicate freely with persons inside and outside the facility
• The right to participate in the review of one's care plan
• The right to be fully informed in advance about any changes in care, treatment, or facility's status
• The right to voice grievances and exercise rights without interference, coercion, discrimination or reprisal

Choosing a Nursing Home

Finding the right nursing home takes time. It is important to begin the search for a suitable nursing home well in advance of seeking admission to the facility. There are often long waiting periods for accommodations. Planning ahead also can make the transition of moving into a nursing home much easier. Sweeney Law Firm provides a free leal guide to help you make the right nursing home decision: "The 10 Things You Need to Do to Select the Right Nursing Home."

FAQs

Is it Against the Law to Have Bed Rails in a Nursing Home?

Bed rails are not outright illegal, but their use is heavily regulated. Federal guidelines consider them a form of restraint, which means facilities must justify their use based on medical necessity. Improper use—such as leaving a resident unattended with raised rails—can result in serious injury or death. If a facility uses bed rails improperly, it may be violating federal nursing home law (Illinois legal guidelines on bed rails).

What Are Things Nursing Homes Are Not Allowed to Do?

Nursing homes cannot use restraints without a medical reason, deny necessary medical care, retaliate against residents for complaints, or restrict family visits unreasonably. They are also prohibited from mismanaging funds, overmedicating residents to keep them docile, or falsifying medical records to cover up neglect. If you suspect any of these, consider reporting the facility immediately.

How Do You Report Elder Abuse?

You can report abuse to your state’s Adult Protective Services (APA), the Long-Term Care Ombudsman (LTCO), or the facility’s administrator. In severe cases, local law enforcement should be contacted. Reporting is confidential, and facilities cannot legally retaliate against a resident or family member for making a report.

What's the Average Settlement Amount?

The amount awarded in nursing home abuse settlements varies based on factors like the severity of harm, the extent of negligence, and the strength of the evidence. Minor cases involving neglect, such as inadequate hygiene or meal service, may settle for $100,000–$250,000, while cases involving severe injuries, like bedsores leading to infection, may reach $500,000 or more. Wrongful death cases can exceed $1 million, especially if clear negligence is proven.

Insurance coverage and state laws also influence settlement amounts. Some states cap damages in elder abuse cases, while others allow for punitive damages if the facility’s actions were particularly egregious. Reviewing prior settlements in your jurisdiction can give a more precise estimate of what to expect (nursing home abuse settlement values).

The first step in pursuing a nursing home abuse or neglect case is to consult a qualified attorney who is experienced in handling nursing home cases. At the Sweeney Law Firm, it will not cost you anything to consult with an attorney to discuss the merits of your nursing home abuse or neglect claim. At Sweeney Law Firm, we'll obtain all of the relevant nursing home and medical records (at no charge to you) and will review the merits of the case with an expert in nursing home practices and regulations. If we determine that you have a meritorious case, we will represent you on a contingent fee basis. You pay nothing unless and until we recover money for you. Our fee is a percentage of that recovery.

If you or a loved one has been injured as a result of nursing home abuse or neglect, call the Sweeney Law Firm now at 260-420-3137 or submit the case form below. The initial consultation is free, and if we agree to accept your case, we will handle your case on a contingent fee basis, which means we get paid for our services only if there is a settlement or recovery of funds. There is no reason to hesitate. You may have a valid claim and be entitled to monetary compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

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Useful Links:

Indiana State Department of Health, Division of Long Term Care

The Indiana State Department of Health, Division of Long Term Care consists of health care facilities licensing and certification programs.

Nursing Home Compare

Nursing Home Compare. The primary purpose of this tool is to provide detailed information about the past performance of every Medicare and Medicaid certified nursing home in the country.

Indiana Association of Homes and Services for the Aging (IAHSA)

Indiana Association of Homes and Services for the Aging (IAHSA) members are non-profit organizations providing high quality health care services and housing for over 25,000 seniors in Indiana.

Indiana Health Care Association (IHCA)

The Indiana Health Care Association (IHCA) is an information, education and advocacy resource to health care providers, consumers and lawmakers, IHCA is recognized as the authority in the continuum of quality long-term care services in Indiana.

The American Health Care Association (AHCA)

The American Health Care Association (AHCA) is a non-profit federation of state health organizations, representing more than 10,000 nursing home, assisted living, developmentally-disabled, and subacute care providers that care for more than 1.5 million elderly and disabled individuals.

The National Citizens' Coalition for Nursing Home Reform (NCCNHR)

The National Citizens' Coalition for Nursing Home Reform (NCCNHR) provides information and leadership on federal and state regulatory and legislative policy development and models and strategies to improve care and life for residents of nursing homes and other long term care facilities.