Nursing home residents and their families depend on the facilities and their staff. They expect their loved ones to receive a good quality of life and suitable medical care. The unfortunate reality is that nursing homes too often put profit over patient care. As a result, negligence and wrongful death occur.

According to the Administration for Community Living, it is estimated that “10 percent of elderly adults face abuse, neglect or exploitation annually.” The attorneys at Tittle & Perlmuter want to help hold nursing homes accountable for their actions and bring compensation to the families of loved ones who experienced neglect.

Wrongful Death Cases

A wrongful death case requires proof that the nursing home staff’s negligence caused an injury to a resident, which then resulted in their death. Wrongful and premature nursing home deaths often occur in the context of:

  • Falls or fall-related injuries
  • Choking
  • Malnutrition
  • Medication Mistakes
  • Wandering Off
  • Sepsis
  • Infections from untreated conditions, such as bedsores
  • Lack of oxygen (blocked breathing tubes)

nursing home wrongful death

What Does Abuse and Neglect Mean?

The Department of Health and Human Services states:

“it is both required and expected that nursing facilities will report any and all allegations of abuse or neglect to ensure resident safety.”

The definition of abuse is:

“the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish.”

The definition of neglect is:

“failure to provide goods and services necessary to avoid physical harm, mental anguish, or mental illness.”

Reporting Abuse

Many elderly residents do not report abuse either because they are embarrassed, or afraid, or cannot effectively communicate that the abuse is happening. Signs of neglect and abuse to look out for include:

  • Anxiety, depression, or frequent emotional changes
  • Failure to adhere to a treatment or care plan
  • Staff checking in on residents infrequently
  • Loss of energy or appetite
  • Lost interest in hobbies or other activities
  • Unexplainable injuries or weight loss

Nursing homes are well-compensated to pay careful attention to their residents. If nursing home staff cannot explain a resident’s injury, deteriorating condition, or worse yet, death, it is a major red flag. Family members, power of attorneys, or loved ones should investigate right away. The Nursing Home Resident’s Bill of Rights entitles residents to have “the right to have any significant change in the resident’s health status reported to the resident’s sponsor. As soon as staff knows of such a change, the home shall make a reasonable effort to notify the sponsor within twelve hours.” Thus, Ohio families have the absolute right to know if their loved one is experiencing any significant health changes.

How to Prove Wrongful Death

In order to prove a wrongful death claim, a lawyer will need to show that the nursing home and its staff was negligent and liable for a loved one’s death. To have the best chance for success, gather the following documents and items to build a case:

  • Photographs of injuries
  • Medical records
  • Contaminated clothing
  • Video recordings
  • Testimonies from employees

Call Tittle & Perlmuter Today for a Free Consultation

Wrongful death should not happen under the watch of staff paid to care for elderly loved ones, but it unfortunately occurs. The nursing home abuse lawyers at Tittle & Perlmuter are ready to listen to your case and advise you on the best course of action. Call (216) 308-1522 for a free consultation. You can also fill out a contact form online. We will promptly respond back to you. We’ll come to you and we’re able to meet anytime, even on evenings and weekends.

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  • Allen was professional, conscientious and well organized. Allen's research of my case produced results in which he was able to obtain a copy of a video from the grocery store and subpoenaed a witness that substantiated my claim and proved that I was in fact struck by the vehicle and injured, which he presented in the deposition. This resulted in a successful settlement in my favor
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