Nursing Home Abuse Lawyers in Cleveland, OH

Nursing Home Abuse in Cleveland, OH

Abuse of nursing home residents is intentional, but it is not always physical. Your elderly loved one can be severely harmed without a staff member ever laying a finger on them. Psychological abuse can have long-lasting effects, and financial abuse can put your loved one’s future medical care at risk. Neglect, by contrast, is usually not intentional, but the harm it causes is just as real. Our guide to elder abuse in Ohio explains how the state defines each category, and our look at how common nursing home abuse is in Ohio shows why families in Cuyahoga County cannot assume a facility is safe because it looks clean on a tour.

If you believe your loved one is suffering from any type of abuse or neglect, do not hesitate to reach out for help. Our Cleveland nursing home abuse lawyers are here for you and your family. We are highly experienced in helping seniors obtain the medical and daily care they need and in holding care facilities responsible for their conduct.

Types of Nursing Home Abuse and Neglect

Ohio law and federal nursing home regulations recognize several distinct kinds of mistreatment. Many residents experience more than one at a time, because a facility that tolerates one form of abuse rarely catches the others.

Physical abuse

Physical abuse includes hitting, slapping, pushing, kicking, biting, and rough handling during transfers or bathing. It also includes improper restraint. Tying a resident to a bed or chair, or sedating a resident with medication the resident does not need so that staff have less to do, can constitute abuse under Ohio law even when it leaves no visible mark.

Emotional and psychological abuse

Emotional abuse can entail name-calling, shaming, humiliating, demeaning, blaming, threatening, ridiculing, ignoring, and isolating the senior. Staff who keep a resident from seeing visitors, refuse to answer call lights as a form of punishment, or mock a resident with dementia are committing abuse. The damage shows up as depression, anxiety, and withdrawal rather than bruises, which makes it easy for a facility to dismiss.

Sexual abuse

Sexual abuse encompasses harassment, non-consensual touching, non-consensual sexual intercourse, and any sexual conduct with a resident who is incompetent or otherwise unable to consent. The abuser may be a staff member, another resident, or a visitor. A facility that fails to supervise residents with known behavioral problems, or that ignores a resident’s complaint, shares responsibility for what follows.

Financial exploitation

Financial exploitation may involve theft of cash or belongings, forged checks, unauthorized use of a debit card, pressure to change a will or add a staff member to an account, and billing for services never provided. Because residents often depend on others to manage their money, this abuse can go on for months before a family member notices a balance that does not add up.

Neglect

Neglect is the failure to provide the care a resident needs, and it is the most common problem our Cleveland nursing home abuse lawyers see. It includes:

• Bedsores (pressure ulcers) from residents left in one position for hours. A stage 3 or stage 4 pressure ulcer is a red flag that a resident was not turned or checked on schedule, and the facility has to show otherwise.
• Falls caused by missing fall-risk assessments, bed alarms that were turned off, unanswered call lights, and residents left to walk unassisted when their care plan required help.
• Malnutrition and dehydration when meals are skipped, trays are removed before a slow eater finishes, water is left out of reach, or a resident’s dietary needs are ignored.
• Medication errors, including missed doses, wrong doses, wrong drugs, and failure to monitor known side effects.
• Poor hygiene, such as residents who are not bathed, whose teeth are not brushed, and whose clothing and bedding are not changed promptly after being soiled. Skin rashes, urinary tract infections, and infected wounds follow.

Contact our nursing home negligence attorneys to discuss your options if you believe your loved one’s health is suffering because of neglect.

Warning Signs of Nursing Home Abuse

As someone with a loved one living in a nursing home, you must be aware of the signs of neglect and abuse. You need to know what to look for when you visit and relay it quickly to our Cleveland nursing home abuse lawyers so proper action can be taken. This will help you detect any neglect or abuse as soon as it occurs and minimize your relative’s suffering. Signs of nursing home abuse and neglect include, but are not limited to:

• Unexplained bruises, welts, scars, burn marks, or fractures, especially injuries that appear to be healing at different rates
• Restraint marks on the wrists, ankles, or across the torso
• Unexplained or repeated falls, dislocations, or sprains
• One or more bedsores
• Sudden weight loss, or signs of dehydration such as cracked lips and confusion
• Unexplained rashes or skin conditions
• Body odor, bad breath, or dirty clothing and bedding on more than one visit
• Clothing that is inappropriate for the weather, such as no coat when it is cold
• Bedrooms, bathrooms, hallways, and common areas that are not kept clean
• Withdrawal from family, friends, or activities the resident used to enjoy
• Fear of a particular staff member, or a change in behavior when certain staff are in the room
• Mumbling, rocking, or other behaviors that were not present before
• Personality changes, such as becoming more agitated or withdrawn
• Torn, stained, or bloody underwear, unexplained genital bleeding or bruising, or a new sexually transmitted infection
• Unexplained financial changes: missing cash or belongings, unusual account withdrawals, new names on accounts, or a sudden change to a will or power of attorney

No single item on this list proves abuse. A pattern of them, or a facility that cannot explain them, is reason to act.

Why Neglect Happens in Cleveland Nursing Homes

Neglect is rarely the work of one bad employee. It is usually the predictable result of how a facility is run.

• Understaffing. Many Cleveland facilities schedule too few aides and nurses for the number of residents, especially on nights and weekends. When one aide is responsible for far more residents than they can turn, feed, and toilet on time, someone gets skipped.
• Poor training. Aides who were never properly trained on safe transfers, pressure ulcer prevention, dementia care, or how to recognize dehydration make avoidable mistakes.
• Corporate cost-cutting. A growing share of Ohio nursing homes are owned by chains and investment groups that manage to a budget set far from Cleveland. Cutting staff hours, supplies, and food budgets improves the margin and lowers the standard of care.
• Inadequate supervision. When administrators do not audit care plans, review incident reports, or walk the floors, problems that should be caught in a week go on for months.

These are choices the facility makes, and they are why a nursing home, not just an individual aide, can be held responsible when a resident is harmed.

How to Report Nursing Home Abuse in Cuyahoga County

If your loved one is in immediate danger, call 911. Police in Cleveland and the suburbs respond to nursing homes, and a police report creates a record the facility cannot rewrite.

For situations that are not emergencies, there are three agencies to know:

• The Ohio Department of Health licenses and inspects nursing homes and takes complaints about care through its health care facility complaint line and online complaint form. A complaint can trigger an unannounced survey of the facility.
• The Ohio Long-Term Care Ombudsman advocates for residents of nursing homes and assisted living facilities. The regional ombudsman program serving Cuyahoga County can visit the facility, investigate a complaint, and help resolve care problems while your loved one stays in place. The Ohio Department of Aging runs the program.
• Cuyahoga County Adult Protective Services, part of the county’s Division of Senior and Adult Services, investigates reports of abuse, neglect, and exploitation of adults 60 and older who live in the community. For a resident of a licensed nursing home, APS will refer you to the Department of Health or the Ombudsman, so start with those two.

Report to the agency, then call us. Reporting protects your loved one and other residents; a claim with our Cleveland nursing home abuse lawyers is what makes the facility pay for the harm already done. Keep copies of everything you file, along with photos, dates, and the names of staff you spoke with.

Elder abuse reporting laws

Ohio law also requires certain professionals who suspect elder neglect, abuse, or exploitation to report it. Under Ohio Revised Code Section 5101.63, mandatory reporters include, but are not limited to:

• Nursing home employees
• Doctors, nurses, dialysis technicians, pharmacists, coroners, and other medical professionals
• First responders, ambulance drivers, and firefighters
• Police officers
• Building inspectors
• Real estate agents
• Certified public accountants (CPAs)
• Financial planners and advisors
• Bank tellers and other bank employees
• Attorneys
• Clergy members
• Any senior service provider

If one of these individuals failed to report suspected nursing home abuse and your loved one suffered as a result, call the Cleveland nursing home abuse lawyers at Kisling, Nestico & Redick.

Resources for elders and their families

If you want to know more about the signs of nursing home abuse, or guidance on what to do if you suspect it, these resources can answer questions before you feel comfortable calling an attorney:

• Ohio Hopes
• The National Center on Elder Abuse
• Ohio Adult Protective Services
• Ohio Department of Aging
• Ohio Department of Health, Office of Health Assurance and Licensing
• Ohio Department of Health, Complaints – Health Care Facilities and Nursing Homes
• Ohio Long-Term Care Ombudsman

Our Nursing Home Lawyers Will

• Investigate and find those at fault for the nursing home neglect, including the facility’s owners and any outside contractors.
• Obtain the resident’s chart, care plans, staffing records, and state inspection reports.
• Interview witnesses, medical professionals, and experts.
• Communicate with the insurer, clarify liability, and pursue max compensation.
• Determine full and fair value for what your family endured.
• Keep you informed and involved. KNR is available by phone, text, email, or Zoom.
• Protect your rights and, if necessary, take your case to court.
• Never charge you upfront. If there is no recovery, there is no cost.

Cleveland Nursing Home Abuse FAQs

Talk to a Cleveland Nursing Home Abuse Lawyer Today

If you believe a Cleveland-area facility has harmed someone you love, call (216) 658-1330 or 1-800-HURT-NOW for a free, confidential consultation. There is no fee unless we recover for your family.