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Columbus Nursing Home Abuse & Neglect

Nursing home abuse and neglect are inexcusable, yet too many facilities in Ohio engage in various forms of misconduct. If you or a loved one faces mistreatment in an assisted living center or another care facility, it’s critical to contact the experienced Columbus nursing home abuse lawyers from Kisling, Nestico & Redick right away.

Our firm knows you place considerable trust in these facilities and their staff, so our lawyers want to ensure they’re held accountable.

To schedule a free case consultation with a Columbus personal injury lawyer, contact us today at (614) 487-8669, or reach out online.

At KNR, we ask, ‘what can we do?’ so you move on with more.

Types of Nursing Home Abuse

Policy Matters Ohio estimates that could be as many as 15,000 incidents of elder abuse in Franklin County every year.

Mistreatment of a nursing home patient can take many forms. It may be the result of intentional acts or negligent caregivers who aren’t providing proper care. Still, researchers at the National Center on Elder Abuse generally categorize nursing home conduct into different categories:

  • Physical abuse – Physical nursing home abuse occurs when a resident suffers bodily harm or injuries. Physical abuse
    includes intentional violence, improper use of restraints, and other bodily harm. Common examples are nursing residents being hit, restrained, or shoved.
  • Neglect refers to the failure to provide essential care and personal support. Neglect is different from nursing home abuse. Abuse is a deliberate act, while nursing home neglect stems from careless or improperly trained nursing home staff.
  • Sexual abuse encompasses rape, molestation, non-consensual relations, and related sexual abuse and is often committed against residents who are disabled or unable to give consent.
  • Emotional abuse involves verbal attacks, threats, intimidation, and similar misconduct. Examples of emotional abuse include controlling a resident’s activities against their will, Insulting the resident’s appearance or intelligence, Isolating seniors from family, friends, and other residents, and making threats.
  • Financial exploitation occurs when someone steals from a nursing home resident or uses manipulation to get money from them. Financial abuse often includes misusing a power of attorney to change a resident’s will, preventing a resident from accessing their accounts, stealing cash or valuables, misappropriating funds, transferring assets, and identity theft.

If you fear your elderly loved one is suffering from any of the above forms of abuse, contact our Columbus nursing home abuse lawyers right away.

Signs of Nursing Home Abuse & Neglect

Due to a nursing home patient’s physical, mental, and emotional health, there can be challenges in addressing care facility mistreatment. When victims remain silent, they must rely on friends, family, and loved ones to give them a voice. Therefore, you should keep an eye out for indications of abuse and neglect in nursing homes, including:

  • Bedsores or bruises
  • Unexplained injuries or infections
  • Signs of malnourishment or dehydration
  • Dirty linens
  • Ligature marks on wrists or ankles
  • Poor personal hygiene
  • Sexually transmitted diseases or urinary tract infections
  • General disarray or filth within the facility
  • Dangerous conditions on the premises, such as unsecured flooring, shaky railings, loose electrical wiring, or unstable wheelchair ramps
  • Smells indicating improper cleanup of feces, vomit, or urine

Note that some of the most devastating indications of mistreatment may be less visible. Changes in demeanor, depression, anxiety, anger or other mood swings may suggest neglect and/or abuse. If your loved one becomes noticeably withdrawn or fearful, especially in certain caretakers’ presence, it could indicate emotional abuse.

Our Columbus nursing home abuse lawyers have represented many victims in connection with misconduct, so we can help you identify and address wrongdoing. Contact Kisling, Nestico & Redick today to learn more.

Nursing Home Abuse & Neglect: Liable Parties

Nursing facilities and their staff have a duty to treat and care for their patients in a way that conforms to an accepted standard. When they do not—and injuries result, the party in question can be held liable.

Nursing home negligence can be caused by:

  • Doctors
  • Nurses
  • Nursing Home Staff
  • Nursing Home Administrators
  • Other Residents
  • Visitors

Resources for Elders & Families

There are multiple federal, state, and local agencies dedicated to enforcement of elder abuse reporting laws. Many serve as valuable resources for nursing home abuse and neglect, including:

Elder Abuse Reporting Laws

There are statutes and regulations at the federal, state, and local levels dedicated to requirements of reporting elder abuse. Laws applicable to residents of Columbus, OH include:

U.S. Elder Justice Act (EJA) of 2009

The EJA covers a range of topics related to nursing home abuse and neglect, but the section on reporting places a mandatory duty on certain individuals. Owners, operators, and staff at long-term care centers must report suspected criminal activity, and facilities must conduct background checks on employees.

U.S. Older Americans Act (OAA)

Though it doesn’t place a duty to report, the OAA includes specific definitions of elder abuse to aid in filing complaints with federal agencies.

Ohio’s Long-Term Care Ombudsman Program

Falling under the Department of Aging, this program outlines the rights, safety, and related interests of nursing home patients.

Ohio’s Adult Protective Services Law

Under Ohio Administrative Code Chapter 5101: 2-20, health care professionals are required by law to report abuse, neglect, or exploitation to certain designated county officials. The Franklin County Adult Protective Services office is located in Columbus, OH.

Ohio Administrative Code on Abuse or Neglect in Long-Term Care Facilities

The Department of Health has established rules for how to receive and investigate reports of abuse or neglect, per Ohio Administrative Code Chapter 3701-64.

If you have questions regarding the different laws outlining reporting elder abuse in Ohio, contact our Columbus nursing home abuse lawyers immediately.

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Nursing Home Negligence Claims & Compensation

In Ohio, anyone who is the victim of nursing home abuse or neglect has the right to file a claim and, in some cases, a lawsuit. The goal is to obtain compensation for the losses that arose because of the injuries you or a loved one sustained.

At KNR, we ask, ‘what can we do?’ so you move on with more.

What Can Nursing Home Abuse Victims Recover?

The first step in pursuing a nursing home claim is proving that nursing care negligence occurred. Once established, you need to show your injuries and subsequent harm resulting from that negligence.

While holding a nursing facility accountable can be difficult, our dedicated legal team will handle every aspect and aggressively pursue maximum compensation.

Our nursing home abuse lawyers can help recover your:

  • Medical expenses
  • Physical limitations
  • Lost income
  • Loss of consortium, or loss of personal relationships
  • Disfigurement
  • Pain and suffering
  • Mental anguish

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Our Columbus Nursing Home Lawyers Can Help

Though federal and Ohio law protects nursing home patients and offer options for reporting, they don’t provide remedies for losses related to abuse or neglect. However, you can recover your medical costs, pain, suffering, emotional distress, and other damages through a civil lawsuit.

Our experienced attorneys will help you file the legal documents, interview witnesses, identify the liable parties, and conduct a thorough investigation into allegations of nursing home neglect. We’ll ensure you get the care you or your loved one needs and develop a strategy, so no one else must suffer, and you recover maximum compensation.

At KNR, we ask, ‘what can we do?’ so you move on with more.

KNR’s Nursing Home Abuse Team Will:

  • Answer your questions and concerns
  • Keep you updated during all stages of the process
  • Obtain medical and financial records about the extent of your losses
  • Identify the responsible party
  • Determine the fair and full value of your damages
  • Negotiate for maximum compensation
  • Fight for everything you deserve in court if necessary