Nursing Home Neglect Lawyers & Attorneys

The nursing home injury lawyers at the Sweeney Law Firm are dedicated to protecting the rights of individuals who suffer harm as a result of nursing home abuse and neglect. We are committed to upholding the quality of care in nursing home and assisted living facilities by taking prompt legal action to compensate nursing home residents and their families when residents suffer injuries from inadequate care.

There are over 17,000 nursing homes in the U.S. that currently care for approximately 1.6 million residents - a figure expected to quadruple to 6.6 million residents by the year 2050. More than one million Americans live in nursing homes where there are not enough nurses and nursing assistants to give good care, according to a report to Congress. Forty percent of nursing home residents are malnourished or dehydrated because no one helps them eat and drink regularly. Thousands have painful bedsores that could be prevented. Thousands more suffer painful and permanent injuries from falls, most of which are preventable. Many nursing home residents lie for hours in their own waste every day. Medical conditions are ignored until it is too late. Eyewitness accounts and surveys have sadly shown that nursing home abuse and neglect is a serious problem, and that there also is significant underreporting.
The primary causes of elder abuse and neglect are:

• Stressful working conditions, particularly staff shortages
• Staff burnout
• Inadequate staff training

The State of Indiana is among twelve states with the highest number of severe and repeated violations of nursing home regulations. In Indiana, we have strict laws and regulations that protect the rights of nursing home residents. The Sweeney Law Firm has represented nursing home and assisted living residents and their families for many years in an effort to stem the neglect and abuse and hold nursing homes accountable for the harm they cause. In situations where you require the services of a nursing home injury lawyer, we will meet with you about your situation and discuss what action should be taken. We will immediately obtain all the relevant nursing home records as well as the medical records pertaining to the injury or harm you have suffered. Our experts, who have extensive experience in nursing home care and the regulations that govern nursing homes, will thoroughly examine every aspect of the care you received.

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.

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.



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



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

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

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."

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. The Sweeney Law Firm will 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 (866) 793-6339 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.

Nursing Home Articles

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.

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