Older and medically vulnerable adults often need more care than families can provide. As a result, families entrust their vulnerable loved ones to long-term nursing care facilities. Sadly, some facilities betray that trust. They fail to uphold their duties to deliver care and treat residents with respect. A Chardon personal injury lawyer can fight to hold these facilities accountable.
Tittle & Perlmuter has a history of representing underdogs and taking on those in power. Our lawyers can work to restore your loved one’s dignity by securing compensation for physical and emotional injuries they have endured.
Our team is ready to put in the work so your loved one can live out their golden years with dignity and love. For a free consultation with our nursing home abuse lawyers in Chardon, OH, contact our law firm today.
Understanding Nursing Home Abuse and Neglect in Chardon, OH
Nursing homes have a sacred duty to honor residents’ dignity and provide quality care. According to the Census Reporter, people 65 and older represent 24% of Geauga County’s population.
Unfortunately, some care facilities in and around the county put profit over patients, cutting corners to improve their bottom line at the expense of these vulnerable Ohioans.
The Dangers of Understaffing at Nursing Homes
Cutting labor costs is one way facilities prioritize profits. Understaffing has ripple effects, including patient neglect and abuse. There just aren’t enough workers to meet the patients’ needs. As a result, residents may go without proper nutrition or medication. They may be left to live in dirty rooms or lie in soiled clothes and beds.
Limited staff means there is more work for fewer people to carry out. Workers may inflict physical abuse out of frustration or exhaustion. They could strike residents to force compliance, force-feed them so they can move on to another patient, or use unlawful restraints to keep patients in place.
Staff may also chemically abuse residents, overmedicating or sedating them to keep them subdued. Staff could even deny patients needed medication to “discipline” them for non-compliance.
Families Can Fight Elder Abuse with Legal Action
Families can fight back against negligent nursing homes through a personal injury claim. Connecting with a lawyer for nursing home abuse as soon as possible is a critical first step.
An attorney can immediately get to work investigating the situation and collecting evidence to build a claim. Evidence often includes medical records, photographs of injuries, videos of the sedated patient, and incident reports. An experienced nursing home abuse lawyer can also examine the facility’s history to look for patterns of abuse.
Common Warning Signs of Long-Term Care Facility Negligence
Warning signs of neglect and abuse can take physical, emotional, or financial forms. Bring your concerns to a nursing home abuse law firm for further investigation and to take the first step toward justice.
Sores and Injuries
Untreated bedsores, also called pressure ulcers, are a signal of neglect. Patients develop these wounds when they remain in one position for prolonged periods. Facilities must have a full staff trained to implement measures to prevent pressure sores.
Unexplained physical injuries ranging from bruises to bone breaks are potential signs of neglect or abuse. The injuries could indicate the patient has been left unattended. They may have tried to get up on their own and sustained a fall. A nursing home fall lawyer can help you investigate your loved one’s injuries.
Physical Changes
Rapid weight loss could be a sign of malnutrition. There may not be enough staff to ensure patients are eating. If patients have dry skin, cracked lips, or repeated infections, they may not be getting proper hydration or medication.
You may notice your loved one’s hair is dirty, or that they have bad breath or body odor. These are signs that the facility is not attending to your loved one’s basic hygiene needs. The same applies if their clothes or linens are soiled.
Emotional Distress
Uncharacteristic anxiety, depression, fear, and social withdrawal can be indicators of emotional abuse or sexual abuse. Notice if your loved one becomes especially agitated or fearful in the presence of certain staff. They could be responding to threats or sexual violence perpetrated in your absence.
The Legal Rights of Seniors Under Ohio’s Nursing Home Resident Bill of Rights
Ohio has taken legal measures to protect its older population. The Ohio Revised Code § 3721.13 establishes the Nursing Home Resident Bill of Rights. Families have grounds for pursuing a personal injury claim when facilities violate these comprehensive rights, which include residents’ right to:
- A safe, clean living environment
- Be free from all forms of abuse
- Be treated with courtesy and respect
- Appropriate medical care
- Clean clothes and bedding
- Participate in decisions affecting their lives
- Privacy during medical exams or treatment, showering, and toileting
The list extends far beyond these basic rights. A nursing home abuse attorney can gather evidence to show how the facility violated the code and demand justice for your loved one.
Compensable Damages in a Geauga County Elder Abuse Lawsuit
A skilled nursing home abuse lawyer can evaluate the losses and harm your loved one and your family has sustained, and then fight to maximize your compensatory damages under Ohio Code 2315.18. Successful claim outcomes typically include economic and non-economic damages.
Economic Damages
Economic damages account for the financial losses stemming from nursing home abuse or neglect. Your loved one may have needed emergency medical care. They may need continuing care. They may need relocation to a different facility. These and any other abuse-related costs are part of economic damage calculations.
Non-Economic Damages
Non-economic damages acknowledge the pain, suffering, and emotional distress endured because of the abuse or neglect. There are no concrete bills attached to these losses, and the other side will try to minimize them. A nursing home abuse attorney can value them fairly, providing evidence to support the compensation demand.
Navigating Ohio’s Tight Statute of Limitations for Long-Term Care Claims
Ohio imposes time limits on filing personal injury claims for nursing home abuse. Different deadlines apply based on the specifics of your claim. You can avoid missing the deadline, called a “statute of limitations,” by connecting with a nursing home abuse law firm quickly.
Bodily Injury
Your loved one may have sustained bodily injury, not connected to a medical situation, from staff abuse or neglect. The statute of limitations is two years from the time the injury occurred, as established in Ohio Code 2305.10.
Medical Malpractice
Your claim may be for medical malpractice. Medical staff may have failed to diagnose or treat an infection or illness, or mis-medicated your loved one. These claims fall under the statute of limitations for medical malpractice. Under Ohio Code 2305.113, you have one year to file the claim.
Wrongful Death
If your loved one died from abuse or neglect, you may have grounds to file a wrongful death claim per Ohio Code 2125.01. You have two years from the date of death to file the claim.
Get Prompt Legal Representation
If you miss the statute of limitations, you could lose your opportunity to fight for justice. An early legal partnership prevents that outcome and strengthens your claim in other ways. A lawyer for nursing home abuse can provide immediate guidance and protect you from saying or doing things that could damage your claim.
An early connection gives your attorney a chance to access evidence such as internal facility emails, shift logs, and incident reports before they go missing, whether accidentally or on purpose. Your nursing home abuse lawyer can also talk to witnesses before their memories fade.
How Our Chardon Nursing Home Abuse Law Firm Protects Your Family
Tittle & Perlmuter can help you with all your legal needs and support your family as we take your claim through the process. You’ll work and communicate with a lawyer for nursing home abuse, not a case manager, when you partner with us. Clients consistently express appreciation for this aspect of our firm’s practice.
We will fight aggressively to secure the justice your family needs. We lead the fight, so you and your loved ones can focus on healing. You don’t have to worry about legal expenses. Our team works on a zero-fee, risk-free contingency basis.
Our commitment to clients has resulted in recognition from Super Lawyers for several of our attorneys.
Contact Our Chardon Nursing Home Abuse Attorneys Near You
It’s devastating to discover your loved one has been hurt by those you entrusted with their care. The team at Tittle & Perlmuter understands your pain and is here to put in the work and help you get justice. We will treat your family with compassion and respect as we work to hold offending parties accountable. To request a free consultation, contact our law firm today.
