Tittle & Perlmuter Personal Injury Attorneys

Cleveland Nursing Home Abuse Lawyers

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As Nursing Home Abuse Lawyers, we have seen some horrific situations regarding the care of our elderly population.

It is unknown how many of our vulnerable elderly fall victim to neglect or abuse each year since such actions are easily hidden from view and underreported. In fact, according to the National Center for Elder Abuse (NCEA), 84 percent of abusive situations involving older adults go unreported or unrecognized. However, what is clear is that the frequency of nursing home and elder abuse and neglect will increase over the next several decades as the baby boomers age. If you suspect that your loved one is suffering from neglect or mistreatment, you should contact the knowledgeable nursing home abuse lawyers at Tittle & Perlmuter as soon as possible. Our personal injury attorneys are experienced in helping those who have been abused or neglected and are available to help assist you in seeking compensation.

Elderly and Nursing Home Abuse and Neglect Cases

Nursing home and elder abuse cases can stem from care being received at a nursing home, a bed and board facility, an assisted living facility, a hospital, a long term acute care hospital, or some other type of medical care facility. The most common signs of nursing home or elder abuse are the following:

Signs of Care Facility Abuse or Neglect

These signs of nursing home abuse and neglect can be the result of any of the following:

Be aware that there are strict time limits you must meet to file a lawsuit. These time limits are complex and strictly enforced by the courts. It is in your best interest to speak to an experienced nursing home neglect attorney as soon as possible.

What is Nursing Home Abuse?

Up to 1 in 6 nursing home residents may be the victims of neglect and abuse. However, only about one in three elder abuse victims will report the mistreatment. Identifying elder abuse can be difficult. Many of the warning signs are also signs of the physical and mental deterioration, an everyday part of aging. Recognizing and reporting the signs of nursing home abuse keeps our loved ones safer. You may even find yourself in need of nursing home abuse lawyers at some point.

Physical Abuse in Nursing Homes

Physical abuse is any kind of intentionally applied physical force resulting in bodily harm, physical pain, distress, impairment, illness, or death. Types of physical abuse include hitting, beating, shoving, burning, kicking, slapping, choking, the use of physical restraints without warrant, and more.

An abusive caregiver is not likely to be physically violent with your loved one in your presence. However, physical abuse might be happening if you notice:

Neglect stems from a variety of reasons. Sometimes, nursing homes fails to train their staff or ensure the staff has proper experience in caring for patients. The most basic reason, however, is money. The nursing home puts profit over patients and cut staff, leading to gross understaffing.

If you think a loved one is a victim of neglect, contact a nursing home neglect attorney for advice on your next step.

What to Do About Suspected Nursing Home and Elder Abuse

If you suspect your loved one has been a victim of nursing home abuse, first report your complaint to the Ohio Department of Health, Bureau of Long Term Care. Then, contact a care facility abuse lawyer. The nursing home may owe compensation for the physical, economic, and emotional damage you have suffered.

Tittle & Perlmuter have extensive experience as personal injury attorneys. We offer a complimentary initial consultation to anyone concerned about a loved one’s medical negligence or mistreatment. Contact us today to schedule an appointment at our Cleveland, Lakewood, and Elyria locations.

What are the Most Common Types of Abuse the Elderly Might Face?

According to the Centers for Disease Control and Prevention  (CDC), 1 out of every 10 people ages 60 and older experience some form of elder abuse. In reality, this number is expected to be even higher due to the fact that many victims are unable to report the violence out of fear or inability.

Elder abuse is defined by the CDC as an “intentional act, or failure to act, by a caregiver or another person in a relationship involving an expectation of trust that causes or creates a risk of harm to an older adult”.

The National Center on Elder Abuse recognizes seven kinds of elderly abuse.

  1. Physical Abuse
  2. Sexual Abuse
  3. Emotional Abuse
  4. Neglect
  5. Abandonment
  6. Financial Abuse
  7. Self-Neglect

How Do I File a Nursing Home Complaint?

If Tittle & Perlmuter takes on a case, the experienced legal team is jumping in head first. Unfortunately, that means we have to be selective in the cases we choose.

If a nursing home neglect and abuse lawyer doesn’t take your case, it doesn’t mean you shouldn’t file a formal complaint relating to the care involved.

Anyone can file a formal complaint against a nursing home relating to resident care. In the state of Ohio, all complaints are done through the Ohio Department of Health (ODH) and there are multiple ways someone can file a formal report.

Three ways to file a nursing home complaint in the state of Ohio are:

  1. Over the Phone
  2. Email
  3. Online

Over the Phone
To file a nursing home complaint over the phone, call the ODH Complaint Line number at 1-800-342-0553. If unanswered, this complaint line is covered twenty-four hours, seven days a week by voicemail and is checked at least twice per day.

Email
To file a nursing home complaint by e-mail, include as much detailed information in your complaint to and send to HCComplaints@odh.ohio.gov.
Helpful information could include:

  • Name and address of the facility
  • Date and time of the incident
  • Name of the resident, patient, and staff allegedly involved

Online
To file a nursing home complaint online, complete the Complaint Form (HEA 1685) online and submit the form to the Complaint Unit.

How Can Tittle & Perlmuter Help if a Loved One is a Victim of Nursing Home Neglect?

With offices in both Cuyahoga and Lorain counties, Tittle & Perlmuter is able to prosecute nursing home neglect cases all over Ohio. When Tittle & Perlmuter takes on a nursing home mistreatment case, a thorough investigation will take place, which, in part, will determine who may be held liable for their actions. For example, the following claims may be made in a nursing home neglect cases if warranted:

Because of the complexity of these types of cases, it is important to hire an experienced nursing home abuse law firm – Tittle & Perlmuter is just that.

 

 

Frequently Asked Questions

How do I know whether I have a case?

Most Ohio compensation claims are based on negligence. That’s a legal term that means acting carelessly in a way that puts others at risk. Even if it was an accident, you may have a strong case. Ask us for a personalized case review.

How much time do I have to file a lawsuit?

Generally, if you are bringing a car accident or other type of general personal injury case, you have two years to bring a lawsuit. However, in medical malpractice or nursing home neglect cases, generally, the statute of limitations is only one year. Always contact a lawyer as soon as possible if you have been injured.

How will my lawyer determine the value of my case?

Each case value is determined individually. To determine the value of the case, your lawyer looks at several factors. They evaluate your financial losses and severity of injury. They factor in the strength of the legal claim and ways to collect your compensation.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, seek medical attention. Follow healthcare guidance. Keep records of medical care received, and ways that your injuries have impacted you. Don’t discard or alter tangible items that may be relevant, like torn clothing or broken objects. Involve a lawyer as soon as possible.

Tittle & Perlmuter

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