Columbus, OH Nursing Home Abuse Lawyer

Nursing home abuse is a serious and heartbreaking issue that affects many vulnerable elderly residents in Columbus and across Ohio. Families trust nursing homes and assisted living facilities to provide a safe and supportive environment for their loved ones, ensuring they receive proper care and respect in their later years. 

Unfortunately, some nursing homes fail to protect a resident’s well-being, leading to abuse and neglect that can harm the physical and emotional well-being of residents. Nursing home abuse lawyers can help you through this tragic situation.

If you suspect nursing home abuse or neglect, it is critical to seek help from an experienced Columbus nursing home abuse lawyer. Skilled legal assistance can help protect your loved one from further abuse, hold responsible parties accountable, and pursue financial compensation for medical expenses, emotional trauma, and other damages. 

Why Hire Nursing Home Law Center

At Nursing Home Law Center, our law firm is dedicated to helping victims of nursing home abuse obtain the compensation they deserve. Our Ohio nursing home abuse lawyers have a strong history of handling nursing home abuse cases with care and achieving favorable settlements and verdicts for our clients.

A Columbus nursing home abuse lawyer will perform a comprehensive investigation to address every aspect of abuse, including medical costs, emotional distress, and other damages. With extensive knowledge of nursing home abuse claims, we effectively manage the legal process and work tirelessly to safeguard your rights. We also offer a free consultation.

Types of Cases Handled by Our Columbus Nursing Home Abuse Lawyers

Nursing home abuse occurs when staff members, caregivers, or other individuals harm residents through intentional acts or neglect. These actions can result in physical injuries, emotional trauma, financial losses, or death. 

At Nursing Home Law Center, our Columbus nursing home abuse lawyers have extensive experience handling various nursing home abuse and neglect cases.

Physical Abuse

Physical abuse involves deliberate actions that cause harm to a nursing home resident, such as hitting, kicking, or using unnecessary physical restraints. A Columbus nursing home lawyer can help you obtain evidence to hold the responsible parties accountable. 

Mental and Emotional Abuse

Mental and emotional abuse includes actions that cause psychological harm, such as verbal abuse, threats, humiliation, or isolating an elderly resident from others. Psychological abuse can leave lasting emotional scars, leading to depression, anxiety, or social withdrawal.

Sexual Abuse

Sexual abuse refers to any form of non-consensual sexual contact with a resident, including inappropriate touching, coercion, or assault. Many nursing home residents with physical or cognitive limitations are particularly vulnerable to sexual abuse. Sexual assault is often referred to as abuse in this situation. 

Medical Malpractice

Medical malpractice occurs when nursing homes fail to provide appropriate medical treatment, resulting in harm to the resident. Common examples include the development of bedsores (pressure ulcers) due to lack of repositioning, medication errors such as incorrect dosages, or failure to treat infections. This can happen simultaneously with nursing home neglect.

Negligence

Nursing home negligence involves a failure to provide necessary care, exposing residents to unnecessary risks. Common examples include poor hygiene, which can lead to infections, malnutrition or dehydration from lack of adequate nutrition, and elopement, where residents wander away unsupervised.

Financial Abuse

Financial abuse, also called financial exploitation, occurs when a resident’s assets are exploited or misused by caregivers, staff, or others. This type of Ohio nursing home abuse can include theft of personal belongings, unauthorized access to bank accounts, or coercion to make financial changes like altering wills or beneficiary designations.

Wrongful Death

In the most severe cases, a nursing home’s staff committing abuse or neglect can lead to a resident’s death. Families who have lost a loved one due to elder neglect or abuse in a nursing home have the right to seek compensation through a wrongful death claim. A Columbus nursing home abuse lawyer can help you hold the responsible parties accountable.

Understanding Your Legal Rights

Federal and state laws protect nursing home residents’ rights to safety, dignity, and proper care. When these rights are violated through abuse or neglect, residents and their families have legal options to seek justice and compensation. Understanding these rights is essential for protecting your loved one in a nursing home or assisted living facility.

The Nursing Home Reform Act of 1987 is a federal law that sets minimum care standards for nursing facilities receiving federal funding through Medicaid or Medicare. It includes a “Residents’ Bill of Rights,” which guarantees that all nursing home residents have the right to:

• Be treated with dignity and respect.
• Receive adequate medical care, including timely treatment for medical conditions.
• Be free from physical abuse, sexual abuse, emotional abuse, and nursing home neglect.
• Make decisions regarding their care, including the right to refuse treatment.
• Live in a safe and clean environment.

These rights are designed to ensure that residents are protected from harm and receive the proper care they need to maintain their health and well-being.

Ohio law supplements federal protections with additional regulations specific to the state. The Ohio Department of Health oversees nursing homes and enforces standards of care, including mandatory inspections, complaint investigations, and the reporting of abuse or neglect. Under Ohio law, nursing facilities must:

• Ensure adequate staffing to meet residents’ needs.
• Provide proper training for staff members to prevent neglect and abuse.
• Address complaints of mistreatment promptly and effectively.
• Report suspected abuse or neglect to the appropriate authorities.

When these requirements are not met, nursing homes can be held accountable for failing to provide a safe environment and proper care. If you suspect nursing home neglect or abuse, it’s crucial to get help immediately to protect elderly loved ones.

Eligibility to File a Claim 

When Ohio nursing home abuse or neglect occurs, several parties may have the legal right to file a claim:

• The resident: A nursing home resident who has experienced nursing home neglect or abuse can file a personal injury claim to seek compensation for damages.
• A legal representative: If the resident cannot file due to physical or mental incapacity, a legal guardian or individual with power of attorney can file on their behalf.
• Family members: Family may file an unjust death claim if abuse or neglect led to the resident’s death. They can also advocate for the resident in cases of severe mistreatment.
• The estate representative: In cases involving the resident’s death, the executor of their estate may pursue claims for unjust death or financial abuse. They can recover compensation for financial exploitation.

Liability in Nursing Home Neglect and Abuse Cases 

In cases of nursing home abuse and neglect, liability often extends beyond the individuals directly involved in the mistreatment. Multiple parties, including staff members, facility administrators, and corporate owners, can share responsibility for failing to provide residents with a safe and caring environment.

Nursing Home Staff

Staff members, including nurses, aides, and caregivers, are often the direct perpetrators of abuse or neglect. Whether through intentional harm or neglectful actions, they can be held liable for injuries caused to assisted living facility residents. 

For example, a staff member who uses physical restraints without justification or fails to provide timely medical treatment may face legal consequences for their actions.

Nursing Home Administration

Facility administrators are responsible for ensuring the nursing home is appropriately staffed, adequately maintained, and compliant with care standards. When administrators fail to address complaints, investigate reports of abuse, or enforce safety protocols, they may be held accountable for allowing harmful conditions to persist. 

For instance, ignoring complaints about verbal abuse or failing to discipline an abusive caregiver can make the administration liable.

The Nursing Home Facility

The nursing home itself may be held liable when its policies or practices contribute to abuse or neglect. 

For example, if a nursing home is understaffed or its employees are inadequately trained, it creates an environment where residents are more likely to suffer harm. Facilities can also be liable for unsafe conditions, such as unsanitary living environments or failure to monitor residents prone to wandering.

Corporate Ownership

Many Ohio nursing homes are owned and operated by corporate entities that oversee multiple facilities. These corporations may prioritize profits over care, leading to cost-cutting measures like reduced staff or inadequate training. When corporate policies contribute to unsafe conditions, the parent company can share liability for injuries, neglect, or death.

Third-Party Providers

Nursing homes often contract third-party providers for medical care, food preparation, or maintenance. If a third-party provider’s negligence causes harm, such as serving unsafe food or providing faulty medical equipment, they may be held responsible for their role in the resident’s injury or suffering.

Medical Providers

Doctors, nurses, and other medical professionals contracted by the nursing home can be liable for medical malpractice. For instance, a physician who prescribes the wrong medication or a nurse who fails to administer treatment as prescribed can face liability for harming a resident.

Family Members and Other Residents

While less common, family members or other residents can also be responsible for abuse or exploitation. For example, another resident who assaults a fellow resident due to lack of supervision or a family member who financially exploits a loved one in a nursing home may face legal consequences.

How Our Columbus Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our Columbus nursing home abuse attorneys have extensive experience helping families seek justice for loved ones who have been abused or neglected in nursing facilities. Our legal team is skilled in handling complex cases, identifying liable parties, and pursuing the compensation your family deserves.

Free Case Evaluation

A nursing home neglect attorney will begin with a free consultation to discuss your case. During this no-obligation evaluation, we listen to your concerns, review the details of the abuse or neglect, and provide clear advice on your legal options. This initial meeting allows you to understand the strength of your case and how our team can assist, all without any upfront costs.

Case Investigation

A thorough investigation is critical to building a strong case. Our attorneys will gather evidence such as medical records, staff reports, facility inspections, and eyewitness accounts. We will also look for patterns of neglect or misconduct within the nursing home. Uncovering key details is crucial to identifying nursing home abuse warning signs and establishing liability.

Filing the Claim

Filing a claim involves preparing and submitting all legal documents within the required timeframe. Our team ensures that your claim is filed correctly and on time, meeting all Ohio law requirements. We take care of the legal paperwork, allowing you to focus on supporting your loved one.

Settlement Negotiation

A nursing home abuse case is often resolved through negotiated settlements. Our attorneys are skilled negotiators who will work to secure a fair settlement that covers medical costs, emotional trauma, and other damages. We will advocate tirelessly on your behalf to ensure the nursing facility and its representatives take responsibility for their actions.

Trial Representation

If a fair settlement cannot be reached, our legal team is fully prepared to take your case to trial. We are experienced litigators with a track record of success in nursing home abuse cases. During the trial, we present compelling evidence, call expert witnesses, and fight aggressively to seek justice and maximum compensation for your loved one.

Common Signs of Elder Abuse Among Nursing Home Residents 

Columbus has a total of 77 Medicare-certified nursing homes, and 35 facilities (45%) have an overall rating of “below average” or “much below average.” Health inspections are a critical concern, with 41 facilities (53%) receiving lower ratings in this category. 

Staffing levels also present challenges, with 38 nursing homes (49%) receiving below-average ratings. However, the situation is more optimistic regarding quality measures, as only four nursing homes (5%) received low ratings in this area. [1]

Elder abuse in nursing homes can often go unnoticed, especially when residents are hesitant to speak up or are unable to communicate their experiences. Recognizing the warning signs is essential to protect your loved one.

• Unexplained marks on the skin, particularly in unusual places, may suggest intentional harm or rough handling.
• Frequent or unexplained fractures, such as hip fractures, may result from falls or physical abuse.
• Redness or bruising on the wrists or ankles can indicate improper use of physical restraints.
• Bedsores (pressure sores) develop when residents are not moved or repositioned regularly, pointing to neglect.
• A resident may appear unusually afraid of certain staff or reluctant to speak in their presence.
• A sudden loss of interest in activities, social isolation, or signs of sadness may indicate emotional abuse or neglect.
• Abuse can cause mood changes, leading to agitation or uncharacteristic aggression.
• Unexplained injuries to the thighs, genitals, or breasts may indicate sexual assault or unwanted sexual contact.
• Damaged undergarments or clothing may suggest inappropriate interactions.
• The presence of sexually transmitted infections is a serious indicator of abuse in a nursing home setting.
• Unwashed clothing, strong odors, or unkempt appearance suggest neglect of basic care needs.
• Noticeable weight loss, dry skin, or complaints of hunger or thirst may point to neglect.
• Dirty or cluttered rooms, soiled bedding, or unsanitary facilities can indicate inadequate care.
• A lack of supervision can lead to serious injury or situations where residents wander unsupervised, placing them at risk.
• Sudden, unauthorized financial transactions may indicate exploitation.
• Jewelry, cash, or other personal items disappearing without explanation may signal theft.
• Changes to wills, power of attorney, or bank account access may indicate coercion or manipulation.
• A sudden worsening of health without a clear medical explanation can point to neglect.
• Infections, bedsores, or injuries left untreated can result in fatal complications.
• Evasive or inconsistent explanations from staff regarding a resident’s death may signal wrongdoing.

The worst-rated nursing homes in Columbus include:

What to Do If You Suspect Nursing Home Abuse

If you believe a resident is experiencing abuse or neglect, it’s essential to act quickly to ensure their safety and hold responsible parties accountable. Follow these steps to address the situation:

Call 911 in an Emergency

If the resident is in immediate danger or requires urgent medical care, call 911 without delay. Emergency personnel can assist, document the situation, and ensure the resident’s immediate safety.

Report the Abuse to Nursing Home Management

Inform the nursing home’s administrator or management team about your concerns. Facilities are required by law to investigate reports of abuse or neglect. Be sure to write your complaint and ask for documentation of their response. Keeping a record of all communications and evidence will be important if further action is needed.

File a Complaint with the Local Ombudsman

Reach out to your local Ombudsman’s office, which advocates for the rights and safety of nursing home residents. Ombudsmen investigate complaints, mediate between families and facilities, and ensure that nursing homes comply with care standards. 

They provide an impartial way to address concerns and work to resolve a nursing home abuse case. Contact the Ohio Department of Aging to locate your local Ombudsman office.

Consult a Columbus Nursing Home Abuse Lawyer

Contacting a nursing home abuse lawyer is a critical step in protecting your loved one’s rights and seeking justice. A skilled nursing home abuse attorney can:

• Conduct a thorough investigation of the suspected abuse.
• Identify responsible parties.
• Pursue financial compensation for medical expenses, emotional trauma, and other damages.
• Ensure that abusive caregivers or negligent facilities are held accountable.

Contact a Columbus Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our law firm has extensive experience advocating for victims of nursing home abuse and neglect in Columbus and throughout Ohio. Our skilled legal team is dedicated to holding nursing homes and caregivers accountable for mistreatment and securing the compensation victims and their families deserve. 

If you suspect your loved one has experienced abuse or neglect in a nursing home, don’t wait—take action today. Contact us for a free consultation to discuss your case, explore your legal options, and learn how we can help you pursue justice and financial compensation.

Call us at (800) 926-7565 or fill out our contact form.

References: [1] Medicare