As Ohio’s population ages, more and more people require long-term nursing home care in their elder years. If you have a family member in such a facility, you expect they will provide the necessary level of care and support for your loved one. Unfortunately, that is often not the case.
Far too many Cleveland-area nursing homes lack proper staffing and resources to care for their populations. This can result in the residents death, not as a result of old age or an incurable illness, but rather due to abuse and neglect on the part of the nursing home. If you have lost a family member in this way, there may be nothing you can do to bring them back–but there is a way to hold the nursing home accountable for its actions.
The Cleveland nursing home wrongful death lawyers at Tittle & Perlmuter can assist you in your family in taking legal action against a facility that failed to live up to its legal, ethical, and moral obligations with respect to your departed loved one. We know how to properly investigate potential wrongful death claims. We also know the methods by which Cleveland-area nursing homes try to avoid responsibility for their actions. In the end, our goal is to achieve justice for you and your lost family member.
Understanding Nursing Home Wrongful Death Claims
The word “negligence” has a particular meaning when it comes to the law. Generally, a person or legal entity (like a nursing home) is negligent when they violate a duty of care owed to someone else under the law. A nursing home has a duty to provide proper care for its residents in accordance with the accepted standards of that industry. When a nursing home ignores or deviates from those standards, and a resident dies as a result, their estate and surviving family member may pursue a civil claim for wrongful death under Ohio law.
Some common examples of nursing home negligence that may form the basis for a wrongful death claim include:
- Abuse: It goes without saying the nursing home residents are a vulnerable population. They are often completely dependent on the staff to perform basic tasks of daily living. This makes residents susceptible to abuse at the hands of unqualified staff, or even other residents. In particular, acts of physical abuse may lead to a resident’s death.
- Bedsores: When a nursing home resident is largely confined to their bed or a wheelchair, there is a substantial risk they will develop pressure ulcers, more commonly referred to as “bedsores.” These ulcers often lead to fatal bacterial infections. More to the point, bedsores are preventable if nursing home staff provides the proper standard of care.
- Falls: One of the biggest safety concerns in nursing homes is the risk of falling. Nursing home residents often have limited mobility and/or difficulty maintaining their balance, which makes them prone to accidental falls. Nursing homes therefore need to have staffing and procedures in place to minimize the risk of an accidental fall that can lead to serious injury–and even death–of a vulnerable resident.
- Medical Malpractice: Most nursing home residents have a pre-existing health condition that requires ongoing care. Nursing home medical staff is often limited, however, which can lead to substandard and negligent care. In some cases, negligent or improper medical care directly leads to a resident’s death.
- Medication Errors: Nursing homes are responsible for administering hundreds–even thousands–of medication doses to their residents each day. Mistakes can and do occur. Unfortunately, even a single medication error can kill a resident. This includes not only giving a resident the wrong medication, but also providing the incorrect dosage or strength.
Keep in mind, wrongful death does not require proof of a criminal act. To the contrary, wrongful death is a civil matter under Ohio law. This means the burden of proof is much lower than in a criminal trial. A plaintiff need only present sufficient evidence to show that it was “more likely than not” that the nursing home’s abuse or neglect was a proximate cause of the resident’s death.
Pursuing a Nursing Home Wrongful Death Claim in Cleveland
When a person is harmed due to the negligence of another, their legal remedy is to file a personal injury lawsuit. In cases of nursing home deaths, however, the victim is no longer alive and therefore cannot file such a lawsuit. This is where Ohio’s wrongful death laws come into play.
Wrongful death is actually a special type of civil action created by Ohio law. It covers a scenario where a person’s death is “caused by wrongful act, neglect, or default” of another, such that there could have been a personal injury claim had the victim lived. Because the victim is deceased, it is up to the personal representative (executor) of their probate estate to file and maintain a wrongful death action.
Any damages–financial compensation–obtained from an Ohio wrongful death lawsuit goes to the surviving family members of the victim. The law presumes that the surviving spouse, children, and parents of the victim are entitled to such damages. Other relatives may also be entitled to compensation if they can prove they suffered a “direct loss” as a result of the victim’s death due to the nursing home’s abuse or neglect.
The precise amount of damages in a nursing home wrongful death case will depend on a number of factors. Speaking in general terms, a judge or jury can award compensation to the family members for the following loses:
- the emotional pain and suffering and mental anguish of the surviving spouse, children, or parents
- the loss of the victim’s expected financial support had they continued to live
- the loss of the victim’s services, companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education
- the loss of any expected inheritance from the victim
One thing to note is that Ohio law typically requires a wrongful death lawsuit to be filed within 2 years of the victim’s death. This is known as the statute of limitations. In most cases, a court will not hear any wrongful death claim filed after the 2-year deadline.
Contact Our Cleveland Nursing Home Wrongful Death Attorneys Today
Proving a wrongful death due to a nursing home’s abuse or negligence is often not a simple task.
Nursing homes and their corporate parents are quite adept at “circling the wagons” in an attempt to avoid liability. That is why it is essential to engage an experienced Cleveland nursing home wrongful death lawyer who can guide you through the process and serve as your family’s advocate. Call Tittle & Perlmuter today to schedule a free case strategy session.
