Admitting a loved one into a nursing home is one of the toughest decisions a family can make. You have the right to expect the facility to provide complete and proper care, ensuring your loved one’s safety. Sadly, not every nursing home is up to the task or follow federal, state, and local rules and regulations that skilled nursing facilities like nursing homes are required to follow.
If you suspect nursing home abuse, don’t stay silent. Your actions can protect your loved one and possibly end a culture of abuse and neglect at the home. It’s a daunting challenge, but you don’t have to do it alone. Our Cleveland nursing home abuse lawyers will stand by your side.
Shore Law has recovered more than $250 million for our clients, but we know this is about more than money. Our Cleveland personal injury lawyers will defend your loved one’s rights and make sure your voice is heard. Call today for a free consultation and tell us what happened.
Ohio Nursing Home Residents’ Rights: What Cleveland Families Need to Know
Under the Ohio Nursing Home Residents’ Bill of Rights (Ohio Revised Code § 3721.10 et seq.), every resident of a Cleveland-area nursing facility has legally protected rights, including:
- The right to a safe and clean living environment.
- The right to be free from physical, verbal, and mental abuse, and to be treated with courtesy and respect.
- The right to adequate and appropriate medical treatment and nursing care.
- The right to unrestricted communication with family members.
- The right to participate in decisions that affect the resident’s life.
Nursing homes are required by Ohio law to post or distribute this Bill of Rights to all residents. When a facility violates these rights, Shore Law can help you take legal action.
The Ohio Department of Health (ODH) licenses and inspects nursing homes across the state. Inspection records are public and have documented serious deficiencies at Cleveland-area facilities. If your loved one was harmed at a Cleveland nursing home, Shore Law can review the facility’s inspection history, staffing records, and internal documentation as part of your free consultation.
Understanding the Signs of Nursing Home Abuse
Sometimes nursing home abuse is obvious, but often it is more subtle. You might be unsure if what you are noticing qualifies as abuse. If you think you see signs, our Cleveland nursing home abuse attorneys can talk to you about the situation and help you take action.
Common types of nursing home abuse and their indications include:
Physical Abuse
Physical abuse involves hitting, pushing, or using force against a resident. It can cause bruises, broken bones, or unexplained injuries. Signs include frequent trips to the ER, sudden fear of caregivers, or refusal to be touched.
Emotional or Psychological Abuse
This abuse includes yelling, insulting, isolating, or controlling behavior. It can leave no visible marks but harm a resident’s mental well-being. Watch for sudden withdrawal, depression, or fear around certain staff.
Sexual Abuse
Sexual abuse includes any unwanted sexual contact or behavior. Victims may be unable to speak up due to health or cognitive issues. Warning signs include bruising in private areas, torn clothing, or sudden mood changes.
Financial Exploitation
This happens when someone takes or controls a resident’s money or property without permission. It can include forged checks, stolen valuables, or pressure to change legal documents. Signs include missing funds, unpaid bills, or sudden lifestyle changes.
Neglect
Neglect means failing to meet a resident’s basic needs, like food, hygiene, or medical care. It can happen from a lack of staff or poor oversight. Signs include weight loss, bedsores, dirty clothes, or untreated health issues.
Institutional Abuse
Institutional abuse happens when poor policies or systems lead to mistreatment. This includes understaffing, unsafe conditions, or widespread neglect. Look for overworked staff, unanswered calls for help, or multiple residents showing signs of abuse.
Important Actions to Stop Nursing Home Abuse
Taking the right steps after you recognize abuse can protect your loved one and possibly other nursing home residents.
Contact the Police if Necessary
If your loved one or another resident is in immediate danger, call 911 or the local police emergency number. Emergency personnel will arrive, and their observations will not only stop the immediate abuse but possibly lead to a deeper investigation.
Contact an Attorney
Don’t try to deal with this alone. Our attorneys can offer advice and ensure you make the right choices. With our team in your corner, you’ll have the best chances of protecting your loved one and holding abusers accountable for their actions.
Alert the Administrator
Nursing home employees are mandatory reporters in Ohio, meaning they are legally required to report suspected cases of elder abuse. The administrator must take action when they are confronted with allegations of abuse in the home.
Report the Abuse
You can file a report with the Ohio Department of Health at Complaints – Healthcare Facilities and Nursing Homes. This is the governing body that licenses and inspects nursing homes, and your complaint will launch an investigation into the abuse.
Involve the Ombudsman
The long-term care ombudsman is a trained volunteer who advocates for resident rights in nursing homes and other facilities. They can investigate your concerns or simply offer support during a difficult time.
Take Detailed Notes & Photographs
Throughout the process, keep notes of everything you witness and every person you talk to. Keep copies of any reports you file and receipts of all of the expenses associated with the abuse.
Damages in Nursing Home Abuse Cases
Depending on the circumstances of the abuse, you may be able to recover several types of damages. Our nursing home abuse lawyers in Cleveland will work to recover maximum compensation for you and your loved one.
- Economic Damages: These cover actual financial losses due to abuse or neglect and can include medical bills, future care costs, therapy, and relocation expenses.
- Non-Economic Damages: These compensate for hardships that can’t be precisely measured in dollars, such as pain, trauma, loss of dignity, depression, and reduced quality of life.
- Wrongful Death Damages: If nursing home abuse leads to death, the victim’s family or estate may recover funeral costs, unpaid medical expenses, and compensation for emotional loss, companionship, and guidance.
- Punitive Damages: Punitive damages are awarded in extreme cases where the nursing home’s conduct was especially reckless or malicious. These are meant to punish the home and deter future misconduct.
Ohio’s statute of limitations for nursing home abuse or neglect claims ranges from 1 to 2 years. Do not wait to contact Shore Law. Call today, and we will tell you exactly how long you have to file.
Reach Out to Our Cleveland Nursing Home Abuse Attorneys
Nursing home residents have the right to expect quality care that addresses every aspect of their health in a safe and comfortable environment. It is hard to imagine how professionals charged with providing that care can engage in unconscionable actions.
If you believe your loved one is suffering from abuse in a nursing home, it is understandable if you are angry. You can do something about it by reporting the abuse and holding the facility legally accountable for its actions. Our Cleveland nursing home abuse attorneys can help.
Our team at Shore Law has over four decades of combined experience advocating for injured victims. We are rated among the National Trial Lawyers’ Top 10 Nursing Home Lawyers in the United States, and we have secured record-setting verdicts — including a $9 million jury verdict — for nursing home abuse victims and their families.
There is no fee unless we win. No upfront costs. No financial risk.
Call Shore Law today or fill out the form below to schedule your free consultation. Ohio’s one-year statute of limitations means time is critical; do not wait.
