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 two years after the abuse or neglect occurs. Generally, if a plaintiff files suit even one day late their case is barred and there can be no recovery.
Because the statute of limitations is so strict, and has potentially devastating consequences on plaintiffs, parties often argue about when the statute of limitation period begins. For example, when did the abuse or neglect actually occur? This question is the source of much litigation, with nursing homes always wanting to argue that the period of time began earlier, in order to have a better chance at barring a plaintiff’s claim. However, there are some doctrines to protect plaintiffs from this behavior.
For example, if a nursing home uses fraud and deception to conceal an injury or incident after it happens, the plaintiff may not even know there is anything to file suit about. In this situation, the court might find that the statute of limitations began at a later date, or was paused for a period of time, to give the plaintiff meaningful time to file suit. This doctrine, while helpful to plaintiffs, can be difficult to establish.