Every nursing care facility in Ohio shares a common responsibility. They owe their residents a duty of care. This is a legal obligation to keep residents safe and meet their care needs. When facilities fail to honor their duty by neglecting or abusing residents, Ohio’s laws give families the right to fight back. A Lakewood personal injury lawyer from Tittle & Perlmuter can lead this fight.
Your loved one deserves to be cared for and treated with respect, and your family deserves peace of mind. Our lawyers can demand accountability from harmful nursing homes and secure compensation for your family.
We are prepared to put in the work and hold those in power accountable. For a free consultation with our nursing home abuse lawyers in Lakewood, OH, contact our law firm today.
Understanding Nursing Home Abuse and Neglect in Lakewood, OH
Nursing home neglect and abuse are often the result when facilities prioritize their profits over patient care. To save on labor costs, they understaff facilities. There aren’t enough workers to ensure residents receive proper nutrition or medication. There aren’t enough hands to bathe, toilet, and address residents’ other personal hygiene needs.
Exhausted workers may take their frustration out on vulnerable residents through physical abuse, such as hitting them to force compliance. They may use unlawful restraints to keep residents from moving. If a resident cannot feed themselves, overworked staff might force-feed them to get the job done quickly.
Residents may also experience chemical abuse. Staff could over-medicate to keep residents sedated or withhold medication to punish them for non-compliance. In some of the worst abuse cases, predatory workers take advantage of residents’ vulnerability and lack of facility oversight, and subject those under their care to sexual abuse.
Common Warning Signs of Long-Term Care Facility Negligence
There are common physical and psychological warning signs of nursing home abuse and neglect. If you notice them, bring your concerns to a nursing home abuse attorney right away. We can help you contact the appropriate parties to report your complaint to the Ohio Department of Health and start building a claim.
Physical Warning Signs
Bedsores, also called pressure ulcers, form when residents are left in the same position for long periods of time. Their presence is a sign of neglect or lack of staff training. Unexplained bruises or cuts could signal abuse. Bone breaks resulting from falls in nursing homes could indicate your loved one is not being properly monitored.
If your loved one is not getting proper nutrition, you may notice rapid weight loss. Neglect can leave residents without proper nutrition and hydration, clean clothes and bedding, making them more susceptible to infections in nursing homes.
Emotional and Psychological Warning Signs
Changes in behavior and demeanor can also signal abuse. Your loved one may be uncharacteristically anxious or depressed. They may become especially fearful or submissive in the presence of particular staff. They might seem quieter or socially withdrawn.
These responses warrant further investigation. Your loved one may be reacting to threats or verbal berating issued by certain staff. They might feel ashamed of sexual abuse. Your family member and all nursing home residents deserve to feel safe and respected. A lawyer for nursing home abuse can help.
Seniors’ Legal Protections Under Ohio’s Nursing Home Resident Bill of Rights
Ohio has protections in place for nursing home residents. Codified in the Ohio Revised Code § 3721.13, the Nursing Home Resident Bill of Rights establishes rights to dignity and safety. For example, among many others, the Bill upholds residents’ rights to:
- Courteous and respectful treatment
- Clean clothes, bed linens, and living environment
- Medical care
- Freedom from physical, chemical, emotional, and other forms of abuse
- Involvement in decisions affecting their lives and care
- Privacy when attending to personal needs and during medical visits or treatment
- Communicate privately with family, doctors, social workers, or others
When facilities violate any rights established in the Bill, families can fight back with a personal injury claim. An experienced nursing home law firm can investigate and compile evidence to build a solid claim.
Compensable Damages in a Lakewood Elder Abuse Case
There is no prescribed amount of damages you can receive from a successful personal injury claim. There are typical categories of damages available, per Ohio Code 2315.18, and a nursing home abuse lawyer will fight for the highest amount available in your situation.
Economic Damages
Economic damages recover the financial losses incurred by nursing home abuse and neglect. They include emergency medical care and continuing care, if needed. They can recoup relocation costs if you must move your loved one to a different, safer facility. Your nursing home abuse lawyer will evaluate your situation, accounting for financial losses.
Non-Economic Damages
Non-economic damages are the subjective losses that result from elder abuse and neglect. Mistreatment in a nursing home often inflicts extreme pain, suffering, and emotional trauma on victims and families. Though they do not come with a bill, these losses carry tremendous value. A compassionate, insightful nursing home abuse attorney can assess them fairly and demand just compensation.
Navigating Ohio’s Tight Statute of Limitations for Facility Abuse Claims
There is a legal deadline called a “statute of limitations” for filing different types of personal injury claims. If your loved one experienced abuse or neglect unrelated to a specific medical procedure, their claim will likely be for bodily injury. Injuries resulting from medical neglect or errors typically require a medical malpractice claim. If your loved one died from the abuse or neglect, a nursing home abuse law firm can help you file a wrongful death claim.
The deadlines for filing claims are:
- Bodily Injury: Two years from the time the injury occurred, per Ohio Code § 2305.10
- Medical Malpractice: One year from the date of the incident, per Ohio Code § 2305.113
- Wrongful Death: Two years from the date of death, per Ohio Code § 2125.01
Why You Need Swift Legal Representation
Missing the filing deadline could prevent you from pursuing legal action against the negligent facility. Even if you think the statute of limitations has passed, connect with us for a free case review. Some circumstances warrant deadlines. Still, it’s best to connect with a lawyer for nursing home abuse quickly to avoid risk.
A prompt partnership gives you immediate protection. Your lawyer can handle all legalities and communication with other parties, so you avoid making inadvertent mistakes that could harm your claim.
Critical evidence, including internal facility emails, incident reports, medical charts, and shift logs, can get lost as time passes. Witnesses can forget details. When your nursing home abuse attorney can get to work right away, they can gather this evidence before it disappears.
How Our Lakewood Nursing Home Abuse Law Firm Protects Your Family
The team at Tittle & Perlmuter cares deeply about the clients we fight for and about standing up to injustice. Realizing your loved one has been abused, neglected, or otherwise mistreated by those you trusted to keep them safe is devastating for families. We are here to support you through your pain and as we demand accountability.
We have received professional and industry recognition from Super Lawyers, Best Lawyers in America, and other organizations. Our client testimonials attest to our commitment to excellence. We will not hand your case over to a case manager. You will have direct interaction with a lawyer for nursing home abuse throughout your claim’s process.
We are ready to put that commitment to work for you, and you do not have to pay any upfront costs. Our team works under a contingency fee basis. We only get paid if we deliver compensation. A portion of your settlement or trial award pays for our services.
Contact Our Lakewood Nursing Home Abuse Attorneys Near You
Tittle & Perlmuter can handle all your legal needs and give your family much-needed support as we fight for your loved one. We are ready to listen and are prepared to even the playing field for regular Ohioans just like you. For a free consultation with our nursing home abuse lawyers in Lakewood, contact our law firm today.
