Helping You Put Your Life Back On Track After A Serious Injury
In Indiana, nursing home abuse and neglect victims have the right to sue a facility when injuries or premature death occur as a result of an employee’s negligence or abuse. However, potential plaintiffs should be aware of one common barrier to successful recovery in these suits: the statute of limitations. Indiana law allows plaintiffs to file suit for up to…
Indiana arbitration agreements are commonplace, and many people agree to the terms without fully understanding what arbitration entails. Arbitration is an out-of-court method to resolve disputes among parties. It is designed to cut costs and allow the parties to reach an agreement without a trial. However, arbitration clauses generally favor the businesses that include them in their contracts. And it…
Nursing homes have been under fire lately for the poor level of care they provide to residents. Indeed, by some estimates, one in ten nursing home residents suffer some type of abuse or neglect. In theory, the legal system allows for the victims of Indiana nursing home abuse and neglect to sue the offending nursing homes. However, many Indiana residents…
Before any Indiana personal injury case reaches trial, the parties must go through the pre-trial discovery stage. During the discovery phase of a personal injury lawsuit, the parties are required to exchange relevant evidence, including documents, witness names, and other information, that is requested by the opposing party. Some relevant evidence that is otherwise discoverable, however, is exempt from the…
Almost all tort actions must be brought within a certain amount of time otherwise the plaintiff is barred from bringing their suit. This is called the “statute of limitations,” and once it has run out, the plaintiff is out of luck. However, an opinion by the Court of Appeals of Indiana recently held that fraudulent concealment can act to toll…
The Ways and Means Committee of the Indiana House of Representatives recently met and passed a bill purporting to increase the quality of care in Indiana nursing homes. The bill, which will next move on to the full House of Representatives for a vote, places a moratorium on the building of new nursing homes for one year. Should it pass,…
Recently, a bill was introduced to the Health and Provider Services Subcommittee of the Indiana Senate that would place a 5-year moratorium on the addition of new beds in nursing home facilities across Indiana. According to an article by the Journal Gazette, last week the subcommittee voted 8-4 to send the bill to a full Senate vote where, if it…
The Arc of Northwest Indiana maintains several group homes for the intellectually disabled in Indiana. Generally, these group homes offer a safe and pleasant environment, increasing the quality of the residents’ lives. However, this week, a Post-Tribune story reported that approximately 90 group-home residents were forced to relocate after the homes in which they were staying were decertified by the…
Nursing homes, naturally, attempt to protect themselves from any lawsuit filed against them for the treatment of their residents. The extent of how far courts will consider “arbitration clauses”, clauses forcing any claim to be handled outside of the court system and by a trained paid professional chosen by the home, has been up for serious debate. This April, the…
Do non-profit and for-profit nursing homes differ significantly in the quality of care they provide to their residents? In an “Economic Scene” article, the New York Times posed that question last week. The author cited several academic papers to suggest that the profit motive may interfere with the goal of providing top-quality care to nursing home residents, as compared to…