If your loved one suffered in a place that was supposed to care for them, or died because of that failure, you’re likely dealing with heartbreak, confusion, and a deep sense of injustice. No family expects someone they love to be abused or neglected in a nursing home that was supposed to care for them.
When that happens, the pain is compounded by questions no one should ever have to ask: How could the abuse have occurred? Could it have been prevented? Can I sue a nursing home in Indiana?
Sadly, this experience is more common than many people in Indiana realize. Nearly one in six adults over age 60 experiences some form of abuse in community settings, including nursing homes, according to the World Health Organization. Despite state and federal protections, abuse and neglect continue to affect some of Indiana’s most vulnerable residents.
If your loved one was injured, mistreated, or died due to nursing home negligence, abuse, or neglect, you may have the legal right to pursue justice. Working with an experienced Indiana nursing home abuse lawyer can help you understand what legal action may be available to you and how to move forward with confidence.
Key Takeaways for Indiana Nursing Home Abuse Lawsuits
- Families in Indiana can sue nursing homes for abuse, neglect, or wrongful death when those actions cause serious harm or fatal injuries.
- Most lawsuits fall under Indiana’s Medical Malpractice Act, which requires a panel review before a claim can proceed.
- Claims involving elder abuse, emotional harm, or lack of medical care must show that the facility failed in its legal duty of care.
- Indiana law imposes time limits and damage caps that affect how much and when you can recover.
- A knowledgeable attorney can guide you through the complex process of filing a nursing home lawsuit in Indiana.
How Indiana Defines Nursing Home Abuse and Neglect
Abuse and neglect take many forms, and not all of them leave visible scars. Indiana law protects elderly residents from harm through both civil and criminal statutes. Nursing homes owe every resident a legal duty to provide safe, sanitary, and respectful care.
Abuse can include:
- Physical harm, such as hitting, restraining, or overmedicating
- Emotional mistreatment, including humiliation, threats, or isolation
- Sexual abuse or exploitation
- Financial abuse, like stealing or coercing residents to change financial documents
Neglect can involve:
- Failing to provide proper medical care, hygiene, or nutrition
- Ignoring medical needs or safety risks
- Allowing bedsores, infections, or dehydration to develop untreated
Every facility must meet federal standards under the Nursing Home Reform Act of 1987 as well as Indiana-specific regulations. When they fail in that duty, they may be held accountable through legal claims.
Can I Sue a Nursing Home in Indiana for Neglect?
Yes. If a nursing home’s actions (or inaction) caused harm, you may have grounds for a lawsuit. In Indiana, most nursing home injury or death claims fall under the Indiana Medical Malpractice Act (Indiana Code § 34-18). However, this law requires an extra step: your claim must first go before a medical review panel.
That panel, made up of three healthcare professionals, evaluates whether the nursing home breached the standard of care. Only after their opinion permits you to, can you proceed to file the lawsuit in court.
This process can feel burdensome for families already struggling with grief or anger. But that’s one of the reasons to work with an experienced nursing home abuse lawyer. You have enough to deal with without the added stress of a legal dispute.
How to Sue a Nursing Home for Wrongful Death in Indiana
Losing a loved one is devastating under any circumstances, but when that loss results from neglect or abuse, it can feel especially unjust. Indiana law does allow surviving family members to sue a nursing home if the facility’s negligence led to a resident’s death.
Here’s how the wrongful death lawsuit process generally works:
Step 1: Medical review panel
The claim must go through the medical malpractice review panel, as required by state law.
Step 2: Filing the lawsuit
Once the panel has issued its opinion, you may proceed to file a wrongful death claim under Indiana Code § 34-23.
Step 3: Proving liability
Your legal team must show that the nursing home owed a duty of care, breached that duty, and directly caused your loved one’s death.
Step 4: Seeking damages
Families may be able to pursue compensation for the financial and emotional impact of their loss, including medical bills, funeral costs, and loss of companionship. However, Indiana law places limits on how much can be recovered in certain cases.
Wrongful death lawsuits against nursing homes often involve two overlapping statutes: the Indiana Adult Wrongful Death Act and the Indiana Medical Malpractice Act. When both apply, the total amount recoverable may be capped at $300,000, depending on the circumstances.
These limits don’t apply in every case, but they can significantly affect the outcome. An attorney familiar with both statutes can help determine which laws apply and what compensation may be available to your family.
Common Reasons Families Sue Nursing Homes in Indiana
Every case is different, but most successful lawsuits share a few common themes. You may have grounds for legal action if your loved one suffered harm due to:
- Unexplained injuries, fractures, or bruises
- Poor hygiene, bedsores, or untreated medical conditions
- Sudden weight loss or dehydration
- Signs of emotional withdrawal or fear around staff
- Death under suspicious or preventable circumstances
In these cases, the nursing home may have failed to supervise staff, follow care plans, or provide appropriate medical treatment. Legal claims help bring those failures to light and protect future residents from similar harm.
What Must Be Proven in a Nursing Home Abuse Lawsuit?
Nursing home lawsuits in Indiana typically involve a claim of negligence, which requires four legal elements:
- Duty of care: The facility had a legal responsibility to care for your loved one
- Breach of duty: The facility failed to meet reasonable care standards
- Causation: That failure directly caused injury or death
- Damages: Your loved one or your family suffered measurable harm (medical bills, pain, emotional distress, funeral costs, etc.)
Gathering proof can involve medical records, expert testimony, witness accounts, and facility inspection reports. Indiana law also allows families to request records from the Indiana State Department of Health and federal Centers for Medicare & Medicaid Services (CMS) databases for evidence of prior violations or complaints.
How Much Can You Recover in a Nursing Home Lawsuit?
Indiana limits how much compensation families can recover in some nursing home cases. This is due to statutory damage caps under both the Medical Malpractice Act and the Adult Wrongful Death Act.
In general:
- Cases involving death of an unmarried adult with no dependents may be limited to $300,000
- Medical malpractice claims involving negligence have a total damage cap of $1.8 million. However, these caps are subject to change, so be sure to check with your lawyer.
The compensation you may claim under those caps includes:
- Medical and hospice care costs
- Funeral and burial expenses
- Emotional distress of surviving family
- Loss of companionship or guidance
Every case is fact-specific, and actual recovery will depend on available insurance, the strength of the evidence, and how the court applies Indiana law.
How Long Do You Have to Sue a Nursing Home in Indiana?
Every state sets deadlines for filing personal injury and wrongful death claims. These deadlines, known as statutes of limitations, limit how long you have to bring a lawsuit. In Indiana, this time limit depends on the type of claim being filed.
For most medical malpractice and nursing home negligence cases, Indiana law gives you two years from the date the injury or death occurred to file a lawsuit. This is outlined under Indiana Code § 34-18-7-1.
In cases where the injury or neglect was not immediately apparent, the “discovery rule” may extend this timeline slightly. However, proving delayed discovery requires strong evidence. If you wait too long, the court may dismiss your case entirely, regardless of how serious the harm was.
For wrongful death lawsuits, the same two-year deadline generally applies under Indiana Code § 34-23-1-1. If your loved one passed away due to neglect, don’t assume you have more time than you do. Speaking with a lawyer as soon as possible helps preserve critical evidence and protect your legal options.
Who Can Sue a Nursing Home in Indiana?
Not everyone has the legal standing to bring a lawsuit against a nursing home. In Indiana, the right to sue depends on whether the case involves injury or death and the relationship between the person filing and the victim.
You may be able to sue a nursing home in Indiana if you are:
- The legal guardian or power of attorney for a nursing home resident who was injured
- A spouse, adult child, or dependent of someone who died due to nursing home neglect
- An estate representative appointed to file a wrongful death claim on behalf of the deceased
Only one person typically files the lawsuit on behalf of the estate or family, even if multiple relatives are affected. In many cases, the court will appoint a personal representative to handle the claim if one has not already been named.
If your loved one is still alive but unable to act on their own due to dementia or disability, you may need to establish legal guardianship or hold medical power of attorney to file on their behalf.
What an Indiana Nursing Home Abuse Lawyer Can Do for You
Cases involving a nursing facility’s abuse or neglect of a loved one are legally and emotionally demanding. They require gathering detailed medical records, navigating Indiana’s medical review panel process, and presenting persuasive evidence that a facility violated its legal obligations to keep your loved one safe.
An experienced Indiana nursing home abuse lawyer can help by:
- Investigating the facts and interviewing witnesses
- Obtaining medical records and expert opinions
- Representing you before the medical review panel
- Calculating damages and filing within legal deadlines
- Negotiating settlements or taking the case to trial
You don’t have to manage this process alone. A lawyer becomes an advocate for you and your family member — someone who understands the law and is committed to holding the nursing home accountable.
Signs That May Indicate Nursing Home Neglect or Abuse
Family members are often the first to notice when something doesn’t seem right. If you’re unsure whether your loved one was abused or neglected, keep an eye out for signs that may indicate abuse or neglect.
Some common red flags include:
- Unexplained bruises, cuts, or broken bones
- Sudden changes in personality or mood
- Bedsores, infections, or untreated medical conditions
- Poor hygiene or soiled clothing
- Staff who are evasive or defensive when questioned
If you notice any of these warning signs, document what you see and speak up immediately. You can file a formal complaint with the Indiana State Department of Health or consult with a lawyer to determine if legal action may be appropriate.
These early steps can prevent further harm and help secure justice for your loved one.
FAQs About Nursing Home Abuse Lawsuits
How much does a nursing home abuse lawyer cost in Indiana?
At most personal injury law firms, including those in Indiana, nursing home abuse lawyers work on a contingency fee basis. This means you pay nothing up front. The lawyer only gets paid if they successfully resolve your case through settlement or verdict.
Are nursing home lawsuits public?
Most nursing home lawsuits are part of the public record once filed. However, settlements may include confidentiality clauses. If privacy is a concern for your family, discuss this with your lawyer early in the process.
Can I sue for emotional abuse or psychological harm?
Yes. Indiana law recognizes non-physical abuse, such as emotional harm, as a valid basis for a claim if it results in measurable damage. These cases can be more complex, often requiring mental health evaluations and witness testimony.
Can I report nursing home abuse anonymously in Indiana?
Yes. If you suspect abuse or neglect in an Indiana nursing home, you can file an anonymous report through the Indiana State Department of Health. You don’t need to provide your name to raise concerns about unsafe conditions or mistreatment. However, if you plan to take legal action, it may be necessary to identify yourself to help build a strong case and provide testimony or supporting information.
How do I get copies of nursing home records for a legal claim?
You have the right to request copies of medical and care records if you are the resident, a legal guardian, or the estate representative. In Indiana, nursing homes are required to provide access to these records upon request, usually within a specific time frame. Your attorney can help submit a formal records request and ensure nothing is withheld that could support your claim.
Getting Help from a Trusted Indiana Nursing Home Abuse Attorney
William W. Hurst, Nursing Home Abuse Lawyer in Indianapolis
When a nursing home fails to protect your loved one, the consequences can last a lifetime or end a life too soon. Whether you’re seeking answers, justice, or accountability, you don’t have to carry the weight by yourself.
The personal injury lawyers at Hurst Limontes have over a century of combined experience representing families across Indiana in personal injury and wrongful death cases. We know what it takes to pursue claims against nursing homes and long-term care facilities that fall short of their legal and moral responsibilities.
We handle every case with compassion, urgency, and an unwavering commitment to your family’s well-being. If your loved one was hurt, mistreated, or lost their life due to nursing home abuse or neglect, we’re ready to help.
Speak with an Indiana nursing home abuse lawyer today. Call (317) 636-0808 or contact us online today for a free and confidential consultation.
