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Nursing Home Negligence

Many families now entrust the care of their parents and grandparents to long-term facilities that we commonly refer to as nursing homes. These long-term care facilities are licensed and regulated by both the state and federal government. Unfortunately, the tension between adequate care and operating a facility that returns a profit can create an environment where our loved ones do not receive the proper treatment required by the law and for which the residence often commit their lifetime savings.

Some of the problems which may arise from inadequate care include the development of bed sores, falls, and the failure to adequately respond to medical crisis.

Many nursing home malpractice claims are subject to the Indiana Medical Malpractice Act. This law requires that the claim be taken before a Medical Review Panel which assesses whether negligence occurred and if so, was the negligence a factor in the alleged damages. However, many other nursing home claims are filed immediately in State Court as a result of the nursing home electing to procure liability insurance independent from the Medical Malpractice Act.

Just like other medical malpractice claims we carefully review nursing home negligence claims. That review often includes reviewing all of the relevant medical records. Sometimes we consult with experts on geriatric medicine to procure an appropriate expert opinion before deciding whether we believe the case is likely to be successful.

Rest assured, if we go forward with a nursing home negligence claim, we will conduct a thorough investigation of the claim and we will be prepared to take it to court and try it if necessary.