Has a loved one been harmed in an Indiana nursing home?
When harm occurs in a nursing home, you are left with serious questions. What happened? Was it preventable? Does someone bear responsibility? Montross Miller represents Indiana families in nursing home negligence cases, and we can help you find answers.
We have handled these cases for more than 45 years. Our firm includes a physician attorney on staff, which is a direct advantage in cases where the standard of care is disputed, and expert testimony determines the outcome. There is no fee unless you recover.
TYPES OF NURSING HOME NEGLIGENCE WE HANDLE
Nursing home negligence takes many forms. Our attorneys represent families in cases involving:
- Bed sores and pressure ulcers, particularly stage 3 and stage 4 wounds that develop due to inadequate repositioning and monitoring
- Falls caused by insufficient supervision or failure to implement a fall prevention plan
- Medication errors, including wrong dosages, dangerous drug interactions, and failure to monitor effects
- Malnutrition and dehydration resulting from neglect of basic care needs
- Physical, emotional, and financial abuse by facility staff
- Wrongful death resulting from any of the above
If you are unsure whether what happened constitutes negligence, contact our attorneys for a free case evaluation. Let us help you determine your next steps.
DO YOU HAVE A CLAIM?
Indiana nursing homes are legally required to provide a standard of care to their residents. When they fail to meet that standard and a resident is harmed, there may be grounds for a negligence claim. Four elements are required:
- Duty of care: The facility had a legal obligation to the resident
- Breach: The facility failed to meet the required standard of care
- Causation: That failure directly caused the harm
- Damages: The harm resulted in measurable injury, suffering, or loss
If you believe a nursing home’s failure caused harm to a family member, our attorneys can review the records and help you understand whether those four elements are present.
HOW INDIANA LAW AFFECTS YOUR CASE
Nursing home negligence cases in Indiana involve several legal frameworks that require specific expertise.
Mandatory reporting. Indiana is a mandatory reporting state. Anyone who suspects a nursing home resident has suffered neglect, battery, or exploitation must report it to Adult Protective Services or law enforcement. The Indiana State Department of Health also accepts complaints at 800-246-8909.
Statute of limitations. In most cases, Indiana law gives families two years from the date of injury or discovery to file a claim. Missing that deadline means losing the right to any recovery.
Indiana’s Patient Compensation Fund. If the nursing home staff member responsible for your family member’s care is enrolled as a qualified provider under Indiana’s Patient Compensation Fund, a separate PCF claim may be available in addition to the primary claim, potentially adding up to $1.3 million in additional compensation. This two-layer system is unique to Indiana and requires an attorney with specific experience navigating it.
WHY MONTROSS MILLER
Nursing home negligence cases are medically complex. They require attorneys who understand clinical standards of care, can retain and work with the right medical experts, and know how to build a case from facility records, staffing logs, and wound care documentation.
Montross Miller has handled these cases in Indiana for more than 45 years. Our firm includes a physician attorney, Brad Kallmyer, M.D., whose medical background is a direct asset in cases where the facility disputes whether the standard of care was met. We have built relationships with subject matter experts across the disciplines these cases require, and we do not charge a fee unless you recover.
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