To sue a nursing home for wrongful death in Ohio, you need to file a wrongful death claim against the negligent party. A Cincinnati Nursing Home Wrongful Death Lawyer can help you understand what this process looks like and guide you through all the necessary legal proceedings.
With over 40 years of combined experience, the team at Shore Law has the skills and resources needed to identify who might be to blame, secure the evidence needed to support your claim, negotiate with insurers, and handle litigation if necessary.
We understand how tragic and devastating this type of unexpected loss can be, which is why we want to make the claims process as easy as possible for you.
Identifying Nursing Home Abuse That May Have Contributed to Wrongful Death
When figuring out how to sue a nursing home for wrongful death in OH, you first need to confirm that abuse took place and demonstrate how it might have contributed to the passing of your loved one. Shore Law can help you identify the signs of verbal, physical, emotional, financial, and sexual abuse, so that you can pursue the right form of legal action.
What is Verbal Abuse in a Nursing Home?
Verbal abuse usually involves using words to threaten, insult, intimidate, ridicule, or humiliate a nursing home resident. It can include yelling or using foul or degrading language. While it may not directly cause wrongful death, it can signify broader mistreatment and a failure to properly care for a resident, leaving them fearful and withdrawn.
What is Physical Abuse in a Nursing Home?
If nursing home staff physically harmed your loved one, this may be used as evidence for wrongful death. Signs often include:
- Unexplained bruising, cuts, or other injuries
- Frequent falls with no clear explanation
- Bedsores a/k/a pressure ulcers
- Sexual abuse or assault
- Physical abuse or assault
- Dehydration
- Frequent UTIs
- Sudden changes in behavior
- Unnecessary use of restraints
Other Signs of Nursing Home Abuse
Financial, sexual, and emotional abuse may also be prevalent in a nursing home. There may be signs of neglect, such as bed sores, unexpected weight loss, poor hygiene, and medication issues. If you notice anything concerning, it’s worth documenting. This may help you understand what happened and whether abuse or neglect may have led to your loved one’s death.
Steps to Take When Suing a Nursing Home for Wrongful Death in OH
There are several things you need to do to successfully sue a nursing home for wrongful death in Ohio. From gathering evidence to filing a claim, here’s a breakdown of each step:
Step 1: Collect & Preserve Evidence of Abuse
If abuse or neglect has contributed to the death of your loved one, there may be evidence to help demonstrate this. This could include:
- Medical records
- Resident care plans
- Prescription medication requirements
- Incident reports
- Surveillance footage
- Employee schedules
- Nursing home correspondence
- Photographs of any unexplained injuries
Try to preserve as much of this evidence as you can before it gets destroyed or overwritten by accident. This will ultimately help to strengthen your claim by showing the extent of the abuse.
Step 2: Identify All Liable Parties
While the nursing home itself may well be responsible for the wrongful death of your family member, there could also be other liable parties involved. This could include individual staff members, management, doctors, nurses, and other third parties such as food delivery services or maintenance workers.
Step 3: Speak to an Ohio Nursing Home Wrongful Death Lawyer
Once you have the evidence to back up your claim and have a good idea of who might be responsible, you should contact a Cincinnati nursing home abuse lawyer from Shore Law. We’ll review your case and offer tailored advice based on the facts. We can also support you as you move through the rest of the claims process.
Step 4: File Your Claim
A lawyer will advise on whether you should proceed with a wrongful death claim before helping you through the filing process. We’ll confirm who the at-fault parties are and prepare all the legal documentation on your behalf.
Under Ohio’s statute of limitations, you usually have two years from the date of death to sue a nursing home for wrongful death. Your legal team will explain this deadline in further detail, including how it may impact your claim.
Step 5: Negotiate Your Settlement
After your claim has been submitted, the insurance company may offer compensation. Let your attorney review the amount before accepting. Our Cincinnati personal injury lawyers can handle negotiations on your behalf, challenging low offers and making sure all your losses are accurately reflected in your settlement.
Who Can File a Wrongful Death Claim?
Under Ohio Revised Code Section 2125.02, a personal representative of the deceased can file the wrongful death claim. This may be the executor outlined in the deceased’s will or a court-appointed administrator.
The claim is filed on behalf of the surviving family members and beneficiaries, which may include a spouse, children, or parents, depending on the circumstances. Shore Law can help you determine who the eligible beneficiaries might be and who qualifies as a personal representative.
How Shore Law Can Help You Sue a Nursing Home in Ohio
Shore Law is a recognized leader in nursing home abuse and neglect cases. Our founding attorney has served as co-counsel on a wealth of high-profile cases and has been hired as a consultant by a range of major law firms, the attorney general, and other professionals.
We have extensive experience in providing innovative and compassionate legal guidance. Our independent investigations involve reviewing medical records and examining metadata for unusual changes or discrepancies to help identify all liable parties.
Our nursing home abuse attorneys will also handle all paperwork, negotiations, and litigation, so you can successfully sue a nursing home for their part in the wrongful death of your loved one. Book a free consultation with our team to discuss your options and learn more about our services.
