Nursing home staff members have a duty to provide competent care and a safe environment for all their residents. Sadly, some fail at this duty by allowing injuries due to neglect or outright abuse to occur. The resulting physical and emotional injuries from abuse can have a profound effect.
Thankfully, nursing home residents have rights. One of these rights is the ability to demand compensation after an incident of abuse leaves them with injuries. Our Chardon nursing home abuse lawyers are ready to take the lead in investigating these incidents and demanding compensation. Our personal injury attorneys guide help you take legal action if your elderly loved one experienced neglect or abuse in their care facility.
Who is Liable in a Nursing Home Abuse Case?
Every elder home and assisted care facility has the same duty to keep their residents safe, according to Ohio Revised Statute §3721.13. While the statute does provide a general right to live in a safe environment, it also specifically mentions:
- The right to have visitors
- The right to be free from physical or chemical restraints
- The right to receive or refuse medical treatment
- The right to be free from physical, mental, verbal, or emotional abuse
If a long-term care employee commits any of these acts, the staff member and the care facility may be jointly liable. Because a company is vicariously liable for any actions taken by their employees while on the job, a claim for compensation may name the offender and the nursing home as co-defendants. A skilled attorney in Chardon could provide more information about the rights of nursing home residents and how a violation could serve as the basis for an abuse lawsuit.
Forms of Abuse that Can Occur in Long-Term Care Facilities in Chardon
Nursing home abuse comes in two forms. The first is abuse that is the result of negligence. Long-term care facilities may not properly train staff or provide adequate maintenance in rooms or common areas. This may result in injuries that occur from slips and falls, the development of bedsores, or an employee using an improper technique to move a resident. Even though these incidents are the result of accidents, this does not change the fact that the facility is responsible for the actions that take place on its property.
The other source of elder injuries is intentional abuse. In some cases, a staff member may strike, berate, or emotionally abuse a resident. Just like in the case of accidents, a nursing home shares liability for these criminal acts that occur on its property. A lawyer could assess the cause of a Chardon resident’s nursing home abuse or neglect and determine if grounds exist to demand compensation.
Retain a Chardon Nursing Home Abuse Attorney
Elderly individuals who move to an assisted living facility or nursing home are in a vulnerable position. Many of these people are unable to care for their own needs, require around-the-clock attention, or may not be fully aware of their situation. As a result, they are more vulnerable to acts of abuse and neglect.
A Chardon nursing home abuse lawyer could help residents and their families to take legal action when they experience these traumatic events. For more information about how we could help you and your loved one, schedule a case consultation.