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Legal Help for the Injured
Nursing home abuse and neglect is a growing problem in Ohio, and it may get worse as the population ages. Therefore, learning about elder care negligence and abuse in nursing homes is essential. By learning the warning signs, you can identify them sooner, help protect elderly loved ones, and know how to respond.
If you believe your elderly loved one is suffering at the hands of a negligent or abusive caregiver in a nursing home or other type of care facility, contact our Ohio nursing home abuse lawyers at Kisling, Nestico & Redick right away.
We’re here to help you get your loved ones the care they need to thrive, the compensation they deserve, and hold negligent or abusive caregivers responsible.
If your loved one has been a victim of nursing home neglect or abuse, they may have the right to pursue compensation through a civil claim or lawsuit.
Generally, you can file a nursing home abuse and neglect lawsuit if:
Nursing homes are medical facilities, and elderly residents are patients. The facility’s doctors, nurses, and aids are required to provide a certain standard of care. By failing to provide that standard of care, whether carelessly, recklessly, or intentionally, the facility becomes liable for the injuries nursing home patients suffer. When substandard medical treatment is at the heart of the harm, these cases can overlap with Ohio medical malpractice claims, and our team can help you determine the strongest path forward.
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Nursing home negligence can arise from unintentional situations. Elder abuse, however, is intentional and comes in many forms:
This entails any physical threat or assault against an elderly resident, including hitting, pushing, slapping, or kicking. It also encompasses unnecessary physical or pharmaceutical restraint. Physical abuse is unethical and illegal. If your loved one has suffered harm due to physical abuse, please call our Ohio nursing home abuse lawyers right away.
This includes any type of non-consensual sexual contact, from touching a female resident’s breasts over her clothing to rape. Also, all sexual activity with incompetent seniors and unable to communicate is unlawful because they cannot give consent. If you discover evidence of sexual abuse, call Kisling, Nestico & Redick right away. You and your loved one may also wish to call the police to begin a criminal investigation into the matter.
Not all elder abuse is physical. Far too many seniors suffer due to psychological and emotional abuse, which can occur in many ways. This type of abuse encompasses name-calling, verbal threats, shaming, blaming, demeaning, humiliating, ridiculing, and gaslighting a resident. It also includes ignoring a senior and isolating them from friends and family.
Your elderly loved one can be victimized without suffering from physical or emotional abuse. Staff members, other residents, or visitors to the nursing home can financially take advantage of your relative. This may entail theft, asking for or manipulating your loved one into providing monetary or expensive gifts, over-charging your relative for services and items provided by the nursing home, and perpetrating financial schemes.
Ohio law gives nursing home residents a set of enforceable protections known as the Nursing Home Patients’ Bill of Rights, codified at Ohio Revised Code Section 3721.13. These rights include the right to adequate and appropriate medical treatment and nursing care, a safe and clean living environment, and freedom from physical or chemical restraints imposed for discipline or staff convenience rather than genuine medical need. Residents also have the right to privacy, to manage their own financial affairs, to voice grievances without fear of retaliation, and to be free from abuse and neglect.
When a facility violates these rights and a resident is harmed as a result, that violation can support a civil claim. Because the statute sets a clear standard of care, documenting how a home fell short of it is often central to holding the facility accountable. If you suspect your loved one’s rights are being ignored, prompt legal review can help preserve evidence and protect their wellbeing.
When your elderly parent, grandparent, aunt, uncle, or other relative lives at a nursing home in Ohio, you expect them to receive excellent care. Every member of the facility’s staff should treat your loved one with respect and compassion. They should strive to provide your family member and other residents with a clean and safe living environment. Not only should they do this for ethical reasons, but it is also required by law.
Nursing homes have a duty to provide a certain standard of care. When a nursing home’s staff fails to uphold that standard of care and creates an unhygienic or dangerous living situation for residents, they may be liable for nursing home negligence. An unsafe environment can also give rise to Ohio premises liability claims when hazards on the property cause injury. This negligence could lead to civil liability or a personal injury claim made by a loved one. There also may be cases in which negligence that harms elders becomes a crime.
Negligence, unlike abuse, does not have to be intentional. It is often an act of carelessness. It may be due to a lack of proper staffing or inadequate training.
Whatever the cause, nursing home negligence can lead to serious issues, including:
Negligent care at a nursing home can have devastating emotional, psychological, and physical effects on your elderly loved one. Call our nursing home negligence lawyers immediately if you believe your relative is not receiving proper care.
Abuse and neglect often leave warning signs long before a family learns the full story. Knowing what to watch for helps you act quickly and protect your loved one. Common physical and behavioral indicators include:
If you notice one or more of these signs, document what you see and contact our Ohio nursing home abuse lawyers so we can help you investigate.
If your loved one is in immediate danger, call 911 first. Once they are safe, Ohio offers several channels for reporting suspected abuse or neglect:
Ohio also maintains broad mandatory-reporting requirements. Under Ohio Revised Code Section 5101.63, a long list of professionals must report any suspicion of elder abuse, neglect, or exploitation to the county department of job and family services. Reporting protects your loved one and helps create a record that can support a later civil claim.
Our statewide practice is designed to make going through a nursing home negligence claim or lawsuit more convenient and accessible. With 12 Ohio locations, KNR is a call or click away.
*KNR also serves Ohio’s rural counties & conducts consultations via Zoom.
This list includes:
Fight for Everything You’re Owed
Through a medical malpractice claim, your loved one can fight for general and special damages. These encompass a variety of economic, physical, and psychological injuries, including medical expenses and pain and suffering.
Nursing home abuse case values vary according to the severity of injuries and other details, but settlements and verdicts can be considerable. According to Health Affairs, the average nursing home abuse claim resulted in $406,000 recovered.
The financial compensation one can receive will come through a nursing home lawsuit that ends in a verdict or after a negotiated settlement is reached. Settlements afford you or your loved one a relatively fast and safer way to recoup losses, whereas trials may offer more in compensation but come with risk. You can review our case results to see the kinds of recoveries we have secured for injured Ohioans.
While most nursing home civil claims end with an agreed-upon settlement, preparing for court is often the best way to ensure your claim is taken seriously.
The compensation available in a nursing home abuse or neglect case depends on the harm your loved one suffered. In general, a successful claim can recover several categories of damages:
If there is evidence that a health care professional acted with malice, your loved one may also seek punitive damages. These are not intended for individuals or businesses that are guilty of simple negligence. Instead, they are intended for individuals or businesses that are guilty of gross negligence or intentional misconduct. Punitive damages are not meant to compensate your elderly loved one but instead punish the wrongdoer.
If your elderly relative passed away due to the neglect or abuse, then our Ohio nursing home abuse lawyers can represent you in a wrongful death claim. Depending on the circumstances, you may be able to receive compensation for:
Monetary compensation won’t restore your loved one to your life, but it can help to protect your family’s future in the aftermath of your loss.
Filing deadlines in these cases deserve careful attention. A nursing home claim may sound in ordinary negligence or, where the harm stems from medical care, in a medical claim, and the applicable deadline can differ depending on how the case is characterized. Where a wrongful-death claim applies, Ohio sets a two-year period for wrongful death under Ohio Revised Code Section 2125.02. Because the right deadline depends on the facts, we recommend prompt legal review so no claim is lost to time.
Nursing home neglect and abuse can go on for weeks, months, or years without your loved one speaking up. It can be heartbreaking to learn your relative has been suffering silently. You cannot place blame on your loved one for not speaking up. Seniors stay silent about poor treatment and conditions for many reasons.
Many elders who are victimized feel ashamed or embarrassed. They do not want to admit to their family and friends that someone was able to take advantage of them. This is a natural way to feel.
Elders are not always believed. Many nursing home residents suffer from dementia or age-related memory issues. They may not be as sharp as they used to be. Other staff members and maybe even members of your own family may not entirely trust or believe what your loved one says, particularly if they are not originally clear and concise. Seniors may allude to neglect or abuse, but they might be told they are confused or remembering incorrectly.
Do not rely on your loved one to come forward about neglect or abuse. You need to be on the lookout for signs that something is wrong. You then have the difficult task of talking with your loved one about it. Being the first one to talk about it can help your relative open up. Your next step is to call our Ohio nursing home abuse lawyers to discuss your loved one’s legal options.
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Since our inception in 2005, Kisling, Nestico & Redick has been dedicated to helping personal injury victims fight for the compensation they deserve after an accident affects their way of life. We have helped more than 10,000 people, and we’re ready to keep fighting for Ohioans and anyone who deserves compensation for their personal injury claims.
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If you know or suspect that your loved one has been neglected or abused in a nursing home and that this care has led to physical, psychological, or financial harm, do not hesitate to call an attorney. Your loved one deserves to receive excellent medical and daily care. When a nursing home fails to provide adequate care, you and your loved one have every right to hold the medical facility responsible.
