Nursing Home Abuse Lawyer

It is hard to fathom that someone could actually mistreat the elderly. This heinous crime is carried out on some of our most helpless and vulnerable citizens. If you or a loved one have been a victim of nursing home neglect or exploitation you should contact an Indiana nursing home abuse lawyer at the law office of Baker and Gilchrist and let one of our skilled lawyers review your case and put an end to this abuse.

According to the Department of Health and Human Services’ (HHS) Centers for Medicare & Medicaid Services (CMS), the branch that oversees the Medicare and Medicaid programs; State governments are responsible for the supervision and licensing of nursing homes and assisted living facilities. States have a contract with CMS to monitor nursing homes that want to be eligible to provide care to Medicare and Medicaid beneficiaries. Congress established minimum requirements for nursing homes and assisted living facilities that are broadly outlined in the Social Security Act (the Act). The Act also entrusts the Secretary of Health and Human Services (DHHS) with the responsibility of monitoring and enforcing these requirements. CMS is also responsible for working out the details of the law and how it will be implemented by writing regulations and manuals. The CMS has stated patient rights and certain protections under the law. The nursing home is obligated to list and provide all new residents a copy of these rights.

CMS Resident rights include:

• Respect: You have the right to be treated with dignity and respect.
• Services and Fees: You must be informed in writing about services and fees before you enter the nursing home.
• Money: You have the right to manage your own money or to choose someone else you trust to do this for you.
• Privacy: You have the right to privacy, and to keep and use your personal belongings and property as long as it doesn't interfere with the rights, health, or safety of others.
• Medical Care: You have the right to be informed about your medical condition, medications, and to see you own doctor. You also have the right to refuse medications and treatments.

The Indiana State Department of Health (ISDH) Basic Rights for Nursing Home Residents:

• You have the right to be treated with respect and dignity in recognition of your individuality and preferences.
• You have the right to quality care and treatment that is fair and free from discrimination.
• Relatives or a legal representative may act on your behalf to exercise these rights when you are unable to do so yourself.

Ederly Abuse Facts

The 2005 National Center on Elder Abuse Fact Sheet states that:

• According to the best available estimates, between 1 and 2 million Americans age 65 or older have been injured, exploited, or otherwise mistreated by someone on whom they depended for care or protection.
• Elder Mistreatment: Abuse, Neglect and Exploitation in an Aging America. Estimates of the frequency of elder abuse range from 2% to 10% based on various sampling, survey methods, and case definitions.
• Data on elder abuse in domestic settings suggest that 1 in 14 incidents, excluding incidents of self-neglect, come to the attention of authorities.
• It is estimated that for every one case of elder abuse, neglect, exploitation, or self neglect reported to authorities, about five more go unreported.

Click here for the ISDH report cards for nursing homes.

Contact our Indianapolis, Indiana Injury Attorneys for your Nursing Home or Elderly Abuse Case

Have you or a loved one been mistreated in a nursing home or assisted living facility, and need the help of an experienced lawyer? If so, contact an Indiana nursing home abuse lawyer at Baker and Gilchrist for a free, no-obligation consultation and put an end to the abuse!