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Indianapolis Nursing Home & Abuse Lawyer

When our loved ones age, we are tasked with the difficult decision for their continued care. Aging adults have specific needs that require services and facilities that families can no longer provide. Nursing homes are designed to provide a caring environment while providing necessary medical care for the elderly. When we choose a nursing home for our family member, we expect the facility to provide the medical and personal care that they deserve. This makes discovering abuse or neglect devastating. Too many nursing home facilities are understaffed which leads to an increase in abuse or neglect. Contact Indianapolis Nursing Home Abuse and Neglect Attorney Richard Batesky today if your loved one has experienced abuse or neglect when living in a nursing home.

We have represented hundreds of nursing home abuse and neglect clients
in our 28 years of practice.

You Might Have A Case If...

As many as 5,000,000 elders are abused each year.

Your loved one was living in a nursing home.

The nursing home was understaffed or poorly trained.

Your loved one has signs of nursing home abuse or neglect.

You have evidence of the abuse or neglect.

The abuse was reported but continues to occur.

Our Personal Approach

Nursing home abuse and neglect is devastating for all parties involved. An experienced nursing home abuse attorney will report the abuse to the proper authorities while ensuring that your rights are protected. In nursing home abuse and neglect cases, it is important to document all information including detailed accounts of the abuse.

When your loved one has been a victim of nursing home abuse and neglect, our attorneys will file nursing home abuse reports and legal claims against negligent facilities and employees. We will inform the nursing home of the pending allegations and attempt to settle the abuse claim. By settling a case, the nursing home facility saves time and resources and the injured party can receive the compensation that they may be entitled to.

Batesky Law Office has nearly three decades of experience fighting for those who have been injured as a result of nursing home abuse or neglect. We will bring in medical experts, conduct a thorough investigation, and seek damages for injuries and abuse that occurred. If you or a loved one has been injured while in the care of a nursing home, contact an experienced attorney who will ensure all of your rights are protected.

Since an initial case consultation and evaluation of your Indiana nursing home abuse and neglect claim is free of charge, you have nothing to lose and everything to gain by having us review your claim.

Types of Nursing Home Abuse

Physical Abuse

Physical abuse is a common form of abuse that resident’s of nursing homes endure. Physical abuse is defined as physical force that causes bodily harm, ongoing impairment, or physical pain. This abuse includes striking an individual with an object or hands. Other forms of physical nursing home abuse are force-feeding, overmedication, and excessive use of chemical or physical restraints.

The most common signs of physical abuse for nursing home resident’s are:

  • Broken Bones/Dislocations/Sprains
  • Bruises/Welts
  • Lacerations/Open Wounds
  • Internal Injuries
  • Evidence of too much or too little medication
  • Evidence of restraining devices
  • Reports from the elderly person of mistreatment
  • Refusal to have visitors be alone with the senior
  • Changes in elderly person’s personality or behavior

Family members should routinely visit their loved ones in nursing homes to check for signs and symptoms of abuse. If you suspect nursing home abuse that has resulted in any of the above injuries, contact an experienced Indianapolis abuse attorney today. Batesky Law Office has been fighting for nursing home residents who have been abused for nearly 30 years.

Emotional Abuse

Emotional abuse refers to verbal degradation or threats, remarks, insults, pain, and distress by verbal or nonverbal means. Mental abuse also includes emotional manipulation such as a staff member deceitfully influences a resident for their own agenda. One common form of emotional manipulation is a nursing home resident bring manipulated into overlooking forms of nursing home abuse for fear that they will not be fed, bathed, or groomed.

When a nursing home resident experiences emotional abuse, they are often treated like a child and isolated from activities, friends, and family. Emotional abuse also includes giving the silent treatment or keeping them socially isolated. Common warning signs of emotional abuse in nursing home residents are:

  • Withdrawal
  • Mood Swings
  • Low Self-Esteem
  • Involuntary Seclusion
  • Unexplained Confusion
  • Anxiety or Depression
  • Other Strange Behaviors

Nursing homes have a duty to provide a safe, caring environment for all residents. If you suspect a facility has been abusing your loved one, contact Indianapolis Nursing Home Abuse Attorney Richard Batesky. We have been helping families recover from nursing home abuse for nearly 30 years.

Sexual Abuse

Nursing home residents usually cannot defend against staff with poor intentions. Sexual abuse in skilled nursing facilities is on the rise and is a real cause for concern. Any type of nonconsensual sexual contact is sexual abuse. This includes unwanted touching, sexual assault, coerced nudity, sodomy, intercourse, or taking nude pictures.

Typical signs that a nursing home resident is being or has been sexually abused include:

  • Unexplained STDs
  • Unexplained genital infections
  • Bruises on private areas
  • Unexplained bleeding
  • Report from a resident that he or she is being sexually abused
  • Withdrawal from activities
  • Unwillingness to discuss daily life

Sexual abuse is very serious and can cause emotional damage to your loved one. If you suspect your family member has been a victim of sexual abuse while in the care of a skilled nursing facility, it is important to contact an experienced Indianapolis attorney.

Financial Abuse

Financial abuse occurs when the person who is responsible for monitoring the elder’s finances illegally or improperly uses the funds. This can happen through the misappropriation of funds, property, or other assets. Financial abuse includes tardy bill payments, using funds or property for their own benefit, cashing checks without consent from the owner, forging signatures, taking advantage of a power of attorney, or tricking residents into signing a legal document such as a will or contract.

There are several signs of financial abuse and exploitation including:

  • Caregiver’s name on the elderly person’s bank card
  • Changes in bank account including large amounts of money withdrawal
  • Changes to legal documents
  • Disappearance of possessions or funds
  • Forged signatures on titles or other financial transactions
  • Reports of financial exploitation
  • Transfer of assets to someone not in the family
  • Reappearance of relatives who haven’t been in the elderly person’s life

Financial exploitation and abuse can have devastating effects for a nursing home resident. Skilled nursing facilities have a duty to provide a standard of care for all residents and patients. When nursing home staff exploit the residents, the standard of care is breached. Contact an experienced nursing home abuse and neglect attorney as soon as you suspect that your loved one has been a victim of abuse.


Neglect is a common form of abuse in skilled nursing facilities. Neglect occurs when staff and nurses refuse or fail to provide the elderly person with the care they need to live a comfortable life. It can also occur when someone fails to provide care when they have an obligation to the elder. Failing to pay for home healthcare services or providing essential care are examples of neglect that fall on family members or loved ones rather than the nursing home and its staff.

Some of the most common forms of neglect in a nursing home include failure to assist with personal hygiene, failure to provide appropriate food, clothing, or shelter, failure to provide medical treatment, failure to address health and safety hazards, and failure to acknowledge unsanitary conditions and its effects on residents.

There are signs and symptoms of nursing home neglect including:

  • Living in unsanitary conditions
  • Living in hazardous conditions
  • Untreated bed sores
  • Malnutrition
  • Dehydration
  • Inadequate medical treatment
  • Reports of mistreatment by the residents

If you suspect that your loved one has been a victim of neglect in a nursing home, it is important to gather all evidence including medical records, pictures, and accounts from residents. Neglect of an elder can pose serious health risks and damage. Contact an experienced Indianapolis neglect attorney to begin recovering damages that you and your family may be entitled to.

Warning Signs of Nursing Home Abuse & Neglect

  • Unexplained bruises and bleeding are telltale signs of nursing home abuse.
  • Nursing home residents who have suffered abuse will withdrawal from friends, family, and social activities.
  • Elderly people who are bedridden or unable to move on their own must be moved. When staff fail to move patient's regularly they can develop bedsores.
  • One of the biggest signs of abuse and neglect are malnutrition and dehydration from lack of appropriate nutrition.
  • Sexual abuse can lead to diseases and/or infections that can have a huge impact on a patient's health.
  • Physical abuse can lead to discomfort and pain from broken bones, bruises, and other injuries.
  • When an elderly person suddenly has financial difficulties, red flags are raised against those who are entrusted with the management of the accounts.
  • Unexplained changes to the will can be signs of financial abuse.

1 in 10

Elders over the age of 60 have been abused

2 out of 3 elder abuse victims are women

Legal Steps for Nursing Home Abuse & Neglect in Indiana

When you suspect abuse or neglect, an experienced attorney will have a consultation with the family and the victim to discover basic facts about the case. At this meeting, the attorney will obtain all documents and records including contracts, witness accounts, medical records, and photographs. Statements and strategies for the case will be prepared.

The investigation and process of gathering information are included in the discovery phase of your lawsuit. This is where attorneys depose the plaintiff and the defendant to gather all evidence to present a solid case in court. Your attorney will prepare you for the deposition ahead of time and will always be present to prevent you from answering unfair or irrelevant questions.

Often, skilled nursing facilities choose to settle cases before going to trial since settlement is far less costly than litigation. After the discovery phase, the attorneys on both sides of the case will determine whether a settlement can be agreed upon. If no agreement can be reached or you attorney feels that you are not receiving maximum compensation, then your case will go to trial.

If a settlement cannot be reached, your attorney will begin preparations for going to trial. This includes assessing all evidence gathered in the investigation and creating a strategy for proving or disproving the case. Trial preparation also allows time for further investigation into the case and gathering additional evidence.

If no settlements are reached and your case goes to trial, the case will go to court where a judge and/or jury will be asked to decide on the case. All evidence is presented and the judge or jury will determine who is at fault and should be held responsible. Any compensation that you may be entitled to will also be decided by the court.

FAQs for Nursing Home Abuse & Neglect in Indiana


What qualifies as nursing home abuse and neglect?


Skilled nursing facilities have a duty to provide services that are necessary to the health and safety of all residents and patients. These services include shelter, clothing, nourishment, hygiene, and proper medical care to ensure that all residents are comfortable and safe.


Why is neglect and abuse common in nursing homes?


One major cause of nursing home abuse and neglect in Indiana is understaffing. The staff that are in place are overworked, under trained, paid low wages, and under stress to meet the needs of residents.


If a resident of a nursing home has no contract on file, is there still grounds for an abuse or neglect case?


Yes. Nursing homes have a standard of care to provide residents and when that standard is broken, they may be able to recover damages.


What factors make elder's vulnerable to abuse?


Social isolation and mental impairment are two major factors that make the elderly vulnerable to abuse.


Who should I call if I suspect elder abuse in Indiana?


If you suspect that an elderly person is being abused or neglected in Indiana, do not hesitate to call 911 and Adult Protective Services (APS).

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