Nursing homes have a duty to provide reasonable quality care to their residents; it is tragic and distressing when you entrust a close family member to a facility only to find they’ve suffered nursing home abuse and neglect. If you or a loved one has suffered abuse or neglect in a nursing home, a Columbus nursing home abuse lawyer at our personal injury law firm is here to provide legal counsel and representation you need to manage a nursing home abuse claim.
In this Article
What Are the Warning Signs of Nursing Home Abuse?
Common signs include untreated medical issues like bedsores, unexplained injuries such as bruises or broken bones, and changes in behavior like withdrawal or depression. Other red flags are poor hygiene, unsanitary living conditions, sudden financial changes, and a resident’s fear around specific staff members.
How Do Federal and State Laws Protect Nursing Home Residents?
In Ohio, the rights of nursing home residents are protected by the Ohio Nursing Home Residents’ Bill of Rights, Ohio Revised Code (ORC) Section 3721.13, which lists more than 30 specific rights that guarantee a resident’s safety, dignity, and quality of care.
Residents of Ohio long-term care facilities have legal rights to ensure their safety and dignity. These rights include freedom from all forms of abuse, restraints, and sedatives used for discipline. Residents are entitled to a safe environment, clean living space, the ability to choose their own physician, and participate in their care planning. They also have the right to privacy and unrestricted communication, with equal access to care for everyone.
The Nursing Home Reform Act of 1987 (NHRA), enacted under the Omnibus Budget Reconciliation Act of 1987 (OBRA ’87), mandates that Medicare- and Medicaid-certified facilities must “promote and protect the rights of each resident.”
The Extent of Nursing Home Abuse
Elder abuse is alarmingly high in nursing homes, with the World Health Organization (WHO) reporting two out of three staff members admitting to some form of abuse in the past year.
Types of Nursing Home Misconduct and Abuse
Nursing home abuse/neglect by responsible parties or other residents can take many forms:
- Physical abuse—including hitting or slapping
- Verbal abuse or emotional abuse—inflicting mental distress through words, actions, or isolating seniors
- Sexual abuse—unwanted sexual contact or activity
- Financial abuse—such as illegal financial exploitation of a resident’s finances
- Elder neglect—failing to provide adequate care (not providing proper medical care, proper nutrition, proper hydration, or other proper care) leading to the development of pressure ulcers
- Medical malpractice—medication errors or failure to treat infections
Steps to Take If You Suspect Abuse or Neglect
If you suspect a vulnerable family member is suffering harm, take action immediately:
- Seek medical attention from their own doctor.
- Document any signs of abuse or neglect, including photographs if possible.
- Speak with your loved one privately about their experiences and document their statements.
- Contact the facility’s management and report your concerns.
- Report suspected abuse by filing a complaint with the Ohio Department of Public Health or Ombudsman Program.
- Consult our Columbus nursing home lawyers about taking legal action.
How Do I File a Complaint About Nursing Homes in Ohio?
To report abuse in a nursing home in Ohio, you should submit a report directly to the Ohio Department of Health’s public complaint tracking portal (ODH) or contact the Ohio Long-Term Care Ombudsman Program. Both paths are state-managed and can be used to report facility negligence, unsafe conditions, or violations of residents’ rights.
How a Columbus Nursing Home Attorney Can Help
Our nursing home abuse and neglect lawyers handle cases for elderly residents involving bed sores, malnutrition, falls, drops, medication errors, wrongful death, and more. If you suspect abuse, call us. We can investigate the facility and gather evidence such as medical records and surveillance footage to ensure those responsible are held liable.
We can also help transfer your loved one to a safer facility while seeking compensation, taking the facility to court if necessary. In the most extreme cases, we can file a wrongful death claim.
What Damages Might an Abused Nursing Home Resident Recover?
If you or a loved elderly person has suffered emotional or bodily harm in a nursing home, you may be entitled to fair compensation. This can include payment for current and future medical treatment and mental illness conditions, pain and suffering, and emotional distress. If relocation to a new facility is necessary, those costs may also be recoverable.
How Long Do I Have to File a Nursing Home Abuse Lawsuit in Ohio?
In Ohio, personal injury claims typically have a two-year statute of limitations. However, under ORC Section 2305.113, if nursing home abuse or neglect involves professional skilled nursing or medical care, it is legally classified as a “medical claim” and must be filed within one year. Because ordinary negligence claims may still have two years, and multiple exceptions apply to these timelines, it is critical to discuss your specific case with an attorney.
How Can I Avoid Nursing Home Negligence or Abuse?
To prevent nursing home neglect or abuse, be proactive:
- Thoroughly research and choose a reputable facility.
- Visit your nursing home patient frequently.
- Communicate regularly with staff and address concerns immediately.
- Know the signs of abuse and monitor for any changes in the resident’s appearance or behavior.
Speak with an Experienced Columbus Nursing Home Abuse Attorney
If you suspect your loved one has been neglected or abused in a nursing facility, call us. Our Columbus nursing home abuse lawyers have helped many families build a strong nursing home abuse case to ensure liable parties are held accountable. We will investigate the situation, prove liability, and obtain compensation your loved one deserves. We offer free consultations and work on a contingency fee basis, so you pay no upfront legal fees.
(312) 223-1700