The decision to place a loved one in a nursing home or residential care facility is not an easy one. Many families often experience feelings of guilt, sadness, and even fear, worrying about whether they are making the right decision. Concerns about the quality of care and emotional impact on loved ones are not uncommon. Unfortunately, a common issue that arises from nursing home placements can include a noticeable decline in cognitive health, which can be attributed to several factors.
While some residents experience a cognitive decline after being placed in a nursing home, it’s not necessarily caused by the move itself. Cognitive changes in elderly individuals and the impact of moving to a nursing home or assisted living facility can vary depending on an individual’s circumstances. For some, the transition to a nursing home can be stressful and disorienting, temporarily worsening cognitive functions. An unfamiliar environment, new routines, and separation from familiar surroundings can all create feelings of confusion, anxiety, or depression.
Once a resident settles in and routines are in place, there should be a stabilization in symptoms. However, a continued cognitive decline after placement can often be caused by a progression of underlying medical conditions rather than a change in an environment.
Additionally, undernourishment, dehydration, poor hygiene, and other forms of neglect are contributory factors that can lead to not only diminished cognitive function, but also serious illnesses and death. In such instances, seeking representation from an attorney experienced in nursing home neglect cases is extremely important.
If a residential care facility or nursing home is found to be negligent in its care, there are several important factors to consider before initiating a personal injury or wrongful death claim. Since nursing home abuse cases are covered by the Medical Malpractice Act in Indiana, before a lawsuit can be filed, a case must first be presented to a panel of three independent and objective healthcare providers. This panel will review the case and make a determination whether or not there is sufficient evidence to proceed with a lawsuit.
Additionally, in Indiana, there are caps on damages for nursing home abuse cases. These are guided by both the Medical Malpractice Act and Indiana’s Adult Wrongful Death Act. For example, if a victim is unmarried, damages are capped at $300k, plus attorney fees, medical, and funeral costs.
If a loved one has experienced nursing home neglect in Indiana leading to serious health issues or death, contact Hurst Limontes for a free review of your case. Our team of Indianapolis-based personal injury attorneys has over a century of combined experience fighting for our clients and work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
Call 317-636-0808 or complete the contact form below for a FREE and confidential consultation.
