When you admit a loved one to a nursing home, you expect the facility to provide complete and proper care, ensuring your loved one’s safety. Sadly, not every assisted living facility is up to the task.
If you suspect nursing home abuse, don’t stay silent. Your actions can protect your loved one and possibly end a culture of mistreatment and neglect at the home. And 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 their 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), 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 harm, 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.
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.
Understanding the Signs of Nursing Home Abuse
Sometimes this type of neglect is obvious, but often it is more subtle. If you’re unsure what qualifies as abuse, our Cleveland nursing home abuse attorneys can talk to you about the situation and help you take action.
Common types of nursing home neglect include:
Physical Abuse
Physical abuse involves hitting, pushing, or using force against a resident. This type of assault 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 includes yelling, insulting, isolating, or controlling behavior. It might not leave a visible mark, but it will harm a victim’s mental well-being. You should look out for sudden withdrawal, depression, or fear around certain nursing home staff, as this could indicate emotional abuse.
Sexual Abuse
Sexual abuse is a delicate issue. And when the victim is unable to speak or has cognitive difficulties, it can be much harder to identify. However, unwanted sexual conduct should always be called out. If you notice bruising in private areas, torn clothing, or sudden mood changes, report it as soon as possible.
Financial Exploitation
Financial abuse is 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. Keep an eye on missing funds, unpaid bills, or sudden lifestyle changes.
Neglect
Failing to meet a resident’s basic needs, like providing food and maintaining good personal hygiene, is often a sign of neglect. It can happen for a number of reasons, including lack of staff or poor oversight.
If you notice significant weight loss, bedsores, dirty clothes, malnutrition and dehydration, or untreated health issues, you should report it immediately.
Institutional Abuse
When there are poor policies in place or systems that don’t work, it can lead to exploitation and institutional abuse. This includes understaffing, unsafe conditions, or widespread neglect. Look for overworked staff, unanswered calls for help, or multiple residents showing signs of mistreatment.
Medical Malpractice
These types of facilities may be responsible for the medical treatment of your loved one. However, medication errors, supplying the wrong dosage, failing to treat infections, inadequate monitoring of chronic conditions, and failing to prevent fall risks are all examples of medical malpractice.
Look for repeated medication issues, untreated symptoms, frequent hospital visits, worsening infections and pressure sores, or injuries that were not properly addressed. This may give an indication that something is wrong with the resident’s medical treatment.
How to Stop Mistreatment in an Assisted Living Facility
Knowing what to do if you suspect nursing home abuse is a necessity. If you take the right steps, you can protect your loved one and possibly other 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 observe the situation and stop the mistreatment immediately. Filing an official incident report could also lead to a deeper investigation.
Contact Shore Law
Our attorneys can offer legal advice and explain your options to help you make the right choices for your family. With our law firm 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 assisted living facilities, and your complaint will launch an investigation into the abuse.
Reach Out to the Ombudsman
As a trained volunteer, the long-term care ombudsman will advocate for resident rights in assisted living facilities. They can investigate your concerns or simply offer support during a difficult time.
Take Detailed Notes and Photographs
Throughout the process, keep notes of everything you witness and every person you talk to. Preserve copies of any incident reports you file and receipts of the expenses that may indicate negligence. This will act as strong evidence when you do decide to take legal action.
Potential Damages in Elder Abuse Cases
Our nursing home abuse lawyers in Cleveland will work to recover maximum compensation for you and your loved one. Depending on the circumstances, you may be able to recover several types of damages, including:
- Economic damages: This may cover a number of financial losses, such as 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: In the unfortunate circumstance that nursing home abuse leads to wrongful death, the victim’s family or estate may be able to 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 assisted living facility’s conduct was especially reckless or malicious. These are meant to punish the home and deter future misconduct.
Ohio’s statute of limitations for these claims ranges from one to two years; however, there may be some exceptions. Failing to meet this deadline may bar you from recovering compensation. Contact Shore Law to find out how long you have to file based on your situation.
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. If you believe your loved one is being harmed, report the facility as soon as possible, then reach out to our law firm for experienced legal guidance.
Our team at Shore Law has over four decades of combined experience advocating for injured victims. We have secured record-setting verdicts 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.
