Find out all the crucial details you need to know about making a nursing home abuse claim.
Having a loved one a victim of nursing home abuse or neglect is a truly terrible situation. Not only do you have to prioritize protecting them, and getting them out of such a situation, but you may also be left with large unexpected medical bills as well. The good news is if you want to bring those responsible for the abuse to justice as well as be compensated for these large unexpected costs, making a nursing home abuse claim may be the way forward. Keep reading to find out more.
Neglect & Abuse In Nursing Homes
Unfortunately, at least 10% of residents are victims of nursing home abuse. This is a staggering figure and shows just how serious an issue of abuse and neglect can be in nursing homes.
Types of abuse that nursing home residents may experience can include:
- Physical – eg. being hit
- Emotional – eg. being taunted
- Financial – eg. being exploited for money
Types Of Neglect That Nursing Home Residents May Experience Include:
- Insufficient nutrition – eg not being fed enough, or not being fed a nutritionally balanced diet
- Deficient health care – eg medication is late or missed
- Unsanitary living conditions – eg residents are left to sit in their own waste
Such forms of abuse and neglect are unacceptable and that is why the loved ones of nursing home residents must look out for any possible signs of mistreatment. By being aware of the potential signs of abuse of vulnerable people it can be stopped sooner.
Identifying Victims of Nursing Home Neglect or Abuse
Being aware of the signs of abuse or neglect of a resident living in a nursing home is crucial for their loved ones. This is because if they can recognise these signs they will be able to identify and interview protecting their vulnerable loved ones as soon as possible.
Unfortunately, there are some specific issues related to those living in a nursing home situation that can make identifying abuse difficult. These include decreased mental capacity, which may make it hard for the person that the abuse is happening to understand it and report it. Similarly, a person living in a nursing home may experience reduced physical capabilities and this can make it hard to determine whether a genuine fall, neglect or all-out abuse caused an injury.
Some specific things loved ones can look out for in such situations. These include:
- Physical injuries such as breakages and bruising
- Sudden changes in weight
- Expressions of unhappiness like anxiety, depression or becoming agitated around certain members of staff
- Refusing normal activities
- Being unable to look at /make eye contact with certain members of staff
If you observe signs of abuse or neglect in a loved one living in a nursing home, then you should make further enquiries into what is going on and their well-being. By acting quickly you can help protect a vulnerable person from harm.
Statute of Limitations in Nursing Home Abuse Cases
In addition to relieving the suffering of a vulnerable person, acting quickly on suspicion of nursing home abuse is crucial because the statute of limitation for these types of cases is very short in Ohio.
Indeed the Ohio Revised Code § 2305.10 states that the statute of limitation is only two years on neglect cases, and one year on medical malpractice claims. Even in the most serious of cases where a nursing home resident passes away due to the abuse they have suffered, the statute of limits is under two years according to ORC § 2125.02. What this means is that if you want to hold those responsible accountable it is important to find a lawyer who specializes in this area and act as fast as possible.
Financial Compensation In Nursing Home Abuse Cases
In addition to bringing those who are responsible to justice for their wrongdoing, those who win their nursing home abuse and neglect cases may also be able to claim compensation for the harm that was done.
The financial compensation that may be awarded to those injured or harmed by negligence is known as compensatory damages and reimbursement claims. Such compensation can be used to cover the medical bills incurred, as well as for any emotional damage suffered.
Nursing Home Abuse or Neglect - Compensation Amounts
There are a range of factors that must be considered when calculating the amount of compensation for abuse or neglect suffered in a nursing home. These include:
- The state and federal laws about the rights of those living in nursing homes
- How severe the abuse or neglect was
- The cost of any medical expenses related to the effect of the abuse
- Whether the abuse or neglect resulted in long-term emotional suffering
- Whether the abuse or neglect resulted in long-term physical suffering
What is critical here is to find expert legal representation from an experienced attorney working in this area. By doing this you can maximize your chances of getting the compensation you and your loved one are owed.
Nursing Home Abuse Cases - Negligence and Liability
Demonstrating negligence and liability in cases of nursing home abuse can be complicated. This is because older victims may struggle to understand what is being done to them, as well as to communicate it to others not involved in the abuse. In some cases, nursing home residents have been intimidated into not reporting the abuse they have suffered and in some states you may need multiple witnesses who are willing to testify to prove liability.
The good news is that the regulations around nursing home abuse are becoming increasingly strict. This combined with vigilant loved ones and a good nursing home abuse lawyer should help bring those responsible to justice.
Final Thoughts
Nursing home abuse and neglect are a serious problem that happens to around 10% of the people living in such facilities. Different things can qualify as either neglect or abuse and knowing the signs can help loved ones stop it as soon as possible.
It may also be possible to make a claim of abuse or neglect against the nursing home responsible and receive compensation. It is important to move quickly in such claims because the statute of limitations on these types of offenses is short in Ohio.
The amount of compensation you could receive from a successful nursing home abuse claim will differ depending on a range of facts including how severe the abuse was. Proving liability can be challenging in a nursing home abuse claim, but an attorney experienced in the area can help maximize your chance for success and bring those guilty of this type of abuse to justice.
Get peace of mind – Get the Guardians on Your Side! Contact our dedicated and empathic team for a free consultation on your nursing home abuse case, today.
