If your loved one resides in a nursing home, you know to monitor his or her surroundings and treatment to ensure he or she is well-cared for and comfortable. Many of the homes in the area are acclaimed facilities that have earned high grades from consumer and government overseers. Unfortunately, as lovely as a facility may look, abuse and neglect are too common.
Your loved one may be abused physically, emotionally, or sexually and even die from such treatment. While some abuse should bring a criminal case involving the police, all abuse may be the basis of a lawsuit to compensate your family for what has occurred. However, you have little time to bring a suit to court and a nursing home to justice. You must consider the Cleveland nursing home abuse statute of limitations. A knowledgeable attorney could help you file a claim within the strict timeline.
Nursing home abuse includes neglect and occurs when a resident receives substandard care or is attacked physically, badgered mentally, or demeaned emotionally. Often, a victim will not protest to the family because he or she is too embarrassed, has been threatened by an abuser, or suffers from dementia. Some signs family members should be aware of if they suspect abuse include:
Because nursing home patients can be frail, a family member should not overlook any signs, even though some could be innocent. Family members should let the nursing home know they are concerned. If they are still unsatisfied, consider talking to an attorney in Cleveland about filing a nursing home abuse claim within the statute of limitations.
Time for filing civil lawsuits based on negligence in nursing home abuse cases is short. The statute of limitations for injuries is usually two years, according to the Ohio Revised Code § 2305.10. The court could grant an abused resident compensation for medical bills accrued from treating the abuse and pain and suffering or any emotional damage done.
However, for medical malpractice claims, the statute is one year. This time begins when the malpractice occurred, the date the malpractice is discovered, or the date the relationship with the doctor is terminated. If the nursing home patient dies from the abuse, the Statute of Limitations for wrongful death is also two years under ORC § 2125.02. If found liable for wrongful death, a court could make a nursing home pay for funeral and final medical costs and other losses a loved one would have been able to recover in a lawsuit. A lawyer in Cleveland could help a family understand which statute of limitation applies to a particular nursing home abuse case.
The Statute of Limitations is in place to ensure witnesses are still available and evidence is not lost. The ability to make a case deteriorates with time. The courts also do not want the threat of a lawsuit to hang over a defendant for too long. Justice should be swift, according to state law. Consult an attentive legal representative to discuss a particular case and filing a lawsuit as soon as possible.
Discovering that your family member has been abused as a nursing home resident is heartbreaking but, sadly, a common occurrence today. Being diligent enough to discover abuse is challenging. You can do something about this harm: pursue a criminal action or file an injury lawsuit. Just remember that you have limited time to act.
The statute of limitations gives you a window to right the wrong done to your loved one. If he or she was harmed or died due to neglect or other abuse, Tittle & Perlmuter is here to confirm that your voice is heard and your loved one is compensated. Call us to ensure the Cleveland nursing home abuse statute of limitations does not hinder your claim.