Cleveland Ohio Nursing Home Abuse Lawyer

Cleveland Elder Abuse Attorney

With a population of more than 391,000 residents, Cleveland Ohio is home to nearly 50,000 senior citizens within the city limits and nearly double that number in surrounding communities from Lakewood to Shaker Heights. The growing population of elderly residents over the last few decades has placed a significant demand on assisted-living homes, nursing facilities and rehabilitation centers throughout northeast Ohio. Many of these facilities have become overburdened and struggle to maintain adequate staffing with qualified medical professionals who have been fully trained to meet the medical and hygiene needs of every resident.

Cleveland, Ohio Nursing Home Safety Concerns

The Cleveland nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC understand how abuse, mistreatment and neglect are common occurrences in nursing facilities all throughout Ohio. Our nursing home advocate attorneys have provided immediate intervention to many residents who have been victimized by their caregivers and other residents in their facility. We assist families in placing loved ones in the care of professional nursing staff by publishing publicly available information on the safety concerns, health inspections and filed complaints at facilities statewide.

Comparing Cleveland Area Nursing Facilities

The list below contains information on nursing facilities in the Cleveland area that currently rate only one out of five available stars on the Medicare.gov Comparison Nursing Home webpage. Our Cleveland nursing home attorneys have outlined some primary concerns of these facilities involving safety hazards, lack of providing quality care and abuse documented by federal and state surveyors and investigators.

Information on Ohio Nursing Home Abuse & Negligence Lawsuits

Our attorneys have compiled data from settlements and jury verdicts across Ohio to give you an idea as to how cases are valued. Learn more about the cases below:

Kindred Transitional Care and Rehab-The Greens
1575 Brainard Rd
Lyndhurst, Oh 44124
(440) 460-1000

A “For-Profit” 190-certified bed Medicaid/Medicare facility

Overall Rating –  1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Provide Necessary Care to a Resident Suffering a Fracture with Increased Pain and Swelling

In a summary statement of deficiencies dated 04/06/2014, a complaint investigation was opened against the facility for its failure “to ensure care was provided in a timely manner for resident with left hand swelling and a change in behavior.” The deficient practice was verified by the Director of Nursing who indicated that the facility “did not attend any further care interventions when [the resident] began to act out and refuse care. The [Director of Nursing also] verified the increased pain and swelling was due to the fracture and care was not provided. This deficiency is an incidental finding from the complaint investigation. This is an example of continued non-compliance from the complaint investigation dated 03/11/2015.”

Our Cleveland nursing home attorneys understand the failure to provide adequate care when a resident has suffered a fracture might be considered negligence or mistreatment by the medical team. In addition, the deficient practice violates procedures and protocols established by state and federal nursing home regulatory agencies.

Larchwood Village Retirement Community
4110 Rocky River Drive
Cleveland, Oh 44135
(216) 941-6100

A “For-Profit” 99-certified bed Medicaid/Medicare facility

Overall Rating –  1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Provide Bedsore Prevention Interventions and Allowing an Existing Stage II Bedsore to Agree to a Stage III Bedsore

In a summary statement of deficiencies dated 05/07/2015, a complaint investigation against the facility was opened for its failure “to provide pressure ulcer prevention interventions for [a resident at the facility].” This deficient action caused direct actual harm to a resident when the facility allowed a Stage II ulcer to decline to a Stage III pressure ulcer while the resident was under their care. The Director of Nursing verified this failure by indicating “there was no pressure reducing cushion in the resident’s room.”

Additionally, the Director of Nursing verified “that the plan of care for [the resident] did not include turn and reposition every two hours and verify there was no documentation of the resident being turned and repositioned every two hours.” The state investigator touring the facility observed the resident on 05/06/2015 “seated in a reclining geri-chair in the room. There was no pressure reducing cushion observed on the chair.”

Failing to provide necessary care to avoid the potential of an existing pressure sore to decline to a life-threatening condition could be considered mistreatment or negligence to the resident. Additionally, the deficient practice violates procedures and protocols established by federal and state agencies that regulate nursing facilities.

Park East Care and Rehab Center
3800 Park East
Beachwood, Oh 44122
(216) 831-4303

A “For-Profit” 274-certified bed Medicaid/Medicare facility

Overall Rating –  1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Provide Basic Levels of Care to Alleviate a Resident’s Excruciating Pain as per the Physician’s Orders

In a summary statement of deficiencies dated 05/20/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure “to ensure [a resident’s] pain was effectively managed. Harm occurred when [the resident] was not administered her ‘as needed’ narcotic pain medication and her pain was severe enough that she rated it as excruciating pain.” This deficient practice affected one resident at the facility and was noted after the facility’s Cardiac Book was reviewed indicating that the resident had “complained of generalized pain and was given [two 5 milligram prescription pain medication tablets on 05/15/2015 at 6 AM” as per the doctor’s orders confirmed upon admission indicating that two 5 milligram tablets should be taken by the mouth every six hours as needed. “However, the facility did not have an actual prescription to fax to the pharmacy, therefore, staff were attempting to get prescriptions from the physician office and they were waiting for information to come back.” Even though there was a delay in providing the medication, no documentation existed “to indicate why the Tylenol Extra Strength had not been given at midnight and at 6:00 AM as scheduled.”

Our Cleveland nursing home attorneys recognize that a failure to provide medical care to alleviate a resident’s pain at an excruciating level might be considered negligence or mistreatment by caregivers. Additionally, the deficient practice violates procedures established by nursing home regulators at both state and federal levels.

Solon Pointe at Emerald Ridge
5625 Emerald Ridge Parkway
Solon, Oh 44139
(440) 498-3000

A “For-Profit” 97-certified bed Medicaid/Medicare facility

Overall Rating –1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Provide Basic Levels of Care to Avoid Existing Pressure Ulcers from Declining to Life-Threatening Conditions

In a summary statement of deficiencies dated 12/03/2014, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure “to assess a pressure ulcer upon discovery, failed to provide treatments to a wound as ordered by the physician and failed to implement new interventions to prevent a further decline in a pressure ulcer.” These deficient practices caused actual harm to a resident at the facility “who developed avoidable Stage Four (full thickness tissue loss with exposed bone, tendon or muscle. Slough or eschar may be present. Often includes undermining and tunneling) pressure ulcers to the sacrum and fourth and fifth toes on the left foot.” In a separate incident, another resident suffered harm after developing “avoidable pressure ulcers to both heels that declined to unstageable.”

The Assistant Director of Nursing at the facility was interviewed on 12/02/2014 and revealed “the lack of a consistent weekly assessments and or grids [while verifying] the staging on the assessments did not accurately reflect the facility’s descriptions as indicated on the assessments.”

Failure to provide all the necessary treatment to prevent a new pressure sore from developing or healing an existing pressure sore causes significant and often life-threatening problems that could have been prevented. These deficient practices might be considered negligence or mistreatment by a Cleveland elder abuse lawyer because they directly violate established protocols issued by federal and state regulatory agencies that manage nursing facilities.

SUBURBAN PAVILION
20265 Emery Rd
North Randall, Oh 44128
(216) 475-8880

A “For-Profit” 180-certified bed Medicaid/Medicare facility

Overall Rating –1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Provide an Environment Free of Accident Hazards and Providing Supervision to Prevent Avoidable Accidents

In a summary statement of deficiencies dated 05/13/2015, a complaint investigation was opened against the facility for its failure “to ensure oxygen ‘         E’ tanks were stored in approved holders.” This deficient practice resulted in actual harm of a resident “who sustained a laceration to her right shin requiring a hospital visit with five day antibiotic treatment, tetanus administration and dressing changes.” Initially, the complaint investigation was in response to an observation at the facility that revealed “no unsecured oxygen ‘E’ tanks. Review of an in-service dated 01/16/2015 revealed staff were educated on the storage and placement of ‘E’ tanks using tank holders. Review of [the resident’s] plan of care indicated not to leave empty ‘E’ tanks in the resident’s room.” As a result of the deficient practice, the resident was injured and suffered a wound to her right shin measuring 7.5 centimeters long by two centimeters wide by .2 centimeters in depth.

Failing to follow protocols to ensure the safety of residents in nursing facilities by not leaving empty ‘E’ tanks in their tank holders might be considered negligence under the law and serve as a foundation for a case filed by a Cleveland nursing home lawyer. Additionally, the deficient practice violates federal and state regulations and the policies adopted by the facility.

The Avenue Care and Rehabilitation Center
4120 Interchange Corporate Center Road
Warrensville Heights, Oh 44128
(216) 896-9900

A “For-Profit” 97-certified bed Medicaid/Medicare facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Afford Residents the Opportunity to Maintain Bladder Incontinence as Long as Possible and Failing to Provide Assistance for Toileting When Necessary

In a summary statement of deficiencies dated 04/04/2015, a complaint investigation was opened against the facility for its failure “to ensure all residents, who were assessed to require staff assistance for toileting were afforded the opportunity to maintain as much bladder confidence as possible and failed to ensure comprehensive assessments were completed to ensure residents maintained normal bladder function.” This deficient practice affected six residents in the facility who were reviewed for bladder function. Additionally, 95 other residents were identified in the facility who require assistance and/or are dependent on staff for toileting needs.

As a part of the complaint investigation, one resident at the facility “revealed she waited sometimes up to an hour and half for assistance and had incontinence episodes as a result of the staff not providing timely assistance with toileting.”

Failing to follow basic standards of care and afford residents the opportunity to remain continent as long as possible strips away the resident’s dignity and respect and could be considered negligence or mistreatment. As Cleveland advocacy nursing home attorneys, we understand that the deficient practice is in direct violation with protocols and procedures established by nursing home regulatory agencies at both the federal and state levels.

Gardens of McGregor and Amasa Stone
14900 Private Dr.
East Cleveland, Oh 44112
(216) 851-8200

A “Non-Profit” 148-certified bed Medicaid/Medicare facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Protect Residents from Abuse and Physical Punishment at the Hands of Caregivers

In a summary statement of deficiencies dated 06/09/2015, a complaint investigation against the facility was opened for its failure “to protect [the resident] from physical abuse.” This deficient practice caused direct harm to one resident at the facility. The complaint investigation was initiated as a response to an allegation of abuse occurring on 05/16/2015. “The facility investigation revealed two staff members [a STNA (State Tested Nurse Aide) and LPN (Licensed Practical Nurse)] had witnessed [another STNA] push [the resident] from behind. The staff members stated [the resident] flew through the air and fell on a carpeted floor hitting her head. [The LPN] witness statement indicated after witnessing [the abusive STNA] push [the resident], [the abusive STNA] was escorted off the unit and out of the facility and instructed not to return until notified.”

The LPN witness “then notify the administrator, security, supervisor, Police Department, family and physician.” The resident was then “assessed for injury and sent to the hospital for evaluation due to hitting her head.

Our Cleveland nursing home elder abuse lawyers know that failing to provide a safe environment for every resident could be considered neglect, mistreatment or abuse by caregivers, nursing staff and/or facility administrators. Additionally, the deficient practice directly violates rules for safety established by all nursing facilities and nursing home regulators at the state and federal levels.

Heritage Health Care Center
24613 Broadway Avenue
Oakwood Village, Oh 44146
(440) 439-1448

A “For-Profit” 80-certified bed Medicaid/Medicare facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Properly Staff the Facility with a Registered Nurse at Least Eight Hours Every Day Every Day of the Week

In a summary statement of deficiencies dated 07/08/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure “to ensure the facility was staffed by registered nurse for at least eight hours a day, seven days a week.” This deficient practice of being understaffed without proper medical professionals on hand “have the potential to affect all 70 residents in the facility.”

The notation was made in response to a review of posted nurse staffing data representing dates between 05/12/2015 through 06/24/2015. The data indicated that there was no registered nurse covering the facility between 05/08/2015 and 05/11/2015 and on 05/16/2015 and 05/17/2015 to ensure all the medical needs to maintain the residents’ health and well-being would be met.

A failure to provide adequate staffing at the facility directly violates state and federal regulations and does not follow the adopted protocols established to ensure the health and well-being of every resident is maintained around-the-clock.

Heritage Nursing and Rehab Center
24579 Broadway Ave
Oakwood Village, Oh 44146
(440) 439-7976

A “For-Profit” 90-certified bed Medicaid/Medicare facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Provide Adequate Care for the Proper Treatment of an Existing Bedsore and Prevent New Bedsores from Developing

In a summary statement of deficiencies dated 12/04/2015, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility’s failure “to treat [the resident’s existing bedsore] in a timely manner and failed to monitor the resident to prevent additional skin breakdown.” The deficient practice caused actual harm to one resident in the facility “when an in-house acquired Stage II pressure ulcer on the resident’s right buttocks declined to a Stage IV pressure ulcer without evidence of appropriate interventions in place. The resident also developed pressure ulcers to the right elbow and left ear, which were identified by facility staff.”

The failure to provide adequate care to properly treat an existing bedsore and allowing other bedsores to develop might be considered gross negligence, especially if the existing pressure sore is allowed to degrade to a life-threatening stage without intervention. This egregious deficient practice also violates well established protocols and procedures as set forth by state and federal regulatory agencies that govern nursing homes.

University Manor Health & Rehab
2186 Ambleside Rd
Cleveland, Oh 44106
(216) 721-1400

A “For-Profit” 170-certified bed Medicaid/Medicare facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Maintain a Resident Environment Free of Accident Hazards

In a summary statement of deficiencies dated 04/01/2015, a complaint investigation was opened against the facility for its failure “to provide adequate supervision to prevent a resident from wandering into another resident’s room and sustaining an injury.” This deficient practice directly resulted in actual harm of a resident “of an injury above the nose that require two stitches to close [the resident’s wound] when she wandered into another resident’s room.”

The complaint investigation included a formal interview with the facility’s administrator who indicated there were not “any documented self-reported incidences of hitting other residents.” The LPN in charge of providing care indicated during an interview that “she observed [the resident] in the doorway of [another resident’s] room but not in the room. She indicated when she observed [the resident in the other resident’s] doorway and near his room she would redirect [the resident in her wheelchair.” However, the [injuries] sustained by the resident in the wheelchair were enough to cause hospitalization “in the neurological intensive care unit and monitor for subdermal hematoma.”

Providing adequate supervision to protect residents from accident hazards is the responsibility of the nursing staff. Our experienced Cleveland nursing home attorneys know that any failure to do so might be considered negligence because it directly violates established protocols and procedures for providing safety outline by both federal and state regulatory agencies.

Walton Manor Health Care Center
19859 Alexander Rd
Walton Hills, Oh 44146
(440) 439-4433

A “For-Profit” 150-certified bed Medicaid/Medicare facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Provide Basic Standards of Care to Address a Decline in Urinary Incontinence

In a summary statement of deficiencies dated 03/19/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure “to address a decline in urinary incontinence for [the resident review for urinary incontinence].” Though the deficient practice directly affected one resident in the facility, it had the “potential to affect 30 residents identified with bladder incontinence.”

The deficient practice was noted after an interview conducted with a registered nurse on staff verified that a resident “is occasionally incontinent of urine […and] stated he rarely needs to void and believes the episodes of incontinence occurred during the evening or night.” An additional interview with the resident indicated that “he requires assistance for transfers using a mechanical lift and would need staff to assist with the bedpan.”

Failure to provide adequate basic standards of care to address a decline in urinary incontinence strips away the respect and dignity of the resident during episodes avoiding their bladder and bowel. The deficient practice might be considered negligence or mistreatment by caregivers who are not always meeting the needs of the resident.

Westpark Neurology and Rehabilitation Center
4401 W 150th Street
Cleveland, Oh 44135
(216) 252-7555

A “For-Profit” 143-certified bed Medicaid/Medicare facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Ensure That Every Resident Is Free from Taking Unnecessary Medication

In a summary statement of deficiencies dated 02/25/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure “to ensure nonpharmacological interventions were tested prior to the administration of ‘as needed’ psychoactive medications and failed to ensure any appropriate [diagnoses] and failed to ensure appropriate monitoring of medications for [another resident]. These deficient practices directly affected four residents at the facility who were “reviewed for unnecessary medication use.”

As a part of the notation, the state surveyor interviewed the Assistant Director of Nursing who “verified there was no evidence of documentation found in the resident record that nonpharmacological interventions were attempted prior to the administration for 58 of 60 doses of [a pharmacological medication].”

The Cleveland nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC know that giving residents unnecessary medications diminishes their quality of life and the ability to enjoy normal activities of daily living. The deficient practice might be considered abuse or mistreatment of the resident because it directly violates established protocols and procedures as outlined and accepted policies at the facility and state and federal regulations.

Identifying Nursing Home Abuse and Neglect

Neglect and abuse of the elderly residing in nursing facilities occur all too often. Overcrowding, understaffing, lack of training and unacceptable actions of employees at the facility all contribute to the serious epidemic many nursing home victims face each day. No matter how careful the family is in taking the time in researching the best nursing home to care for a parent or grandparent, abuse and neglect remains a serious problem. These victims often face physical abuse, sexual abuse, verbal assaults, forced separation, unnecessary chemical/physical restraint and outright neglect at the hands of their caregivers.

If you have any suspicions that your loved one residing in a nursing facility is being abused or neglected it is crucial to identify specific characteristics that could include:

  • An unexpected severe or rapid change in their behavior that might involve emotional withdrawal, anxiety, agitation, reported nightmares, recoiling from particular staff members or sleeplessness.
  • Episodes of elopement or wandering away from the nursing facility
  • Unusual incidences where the loved one has soiled clothing or linens
  • A loved one desiring to remain isolated to avoid interaction with staff members or other residents
  • Repeated falling incidences
  • Exhibits of unusual or odd behaviors including rocking back and forth, sucking on body parts/objects or biting
  • Reluctance or a fear to be touched
  • Malnutrition or dehydration that has led to rapid weight loss
  • Facility acquired pressure sores (bedsores; pressure ulcers; decubitus ulcers)
  • Infection
  • Unexplained injuries including head trauma and fractures
  • Unexplained or unexpected death

As a family member or friend is crucial let your loved one know that you are ready to step in help in any way you can to stop the abuse and neglect now. This is because many times, the nursing home resident is convinced by the nursing staff or other residents that no matter what they say or do, the resident will be forced to stay at the facility if they report any problems.

The Cleveland nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC can assist you in providing immediate legal intervention and ensure that those at fault for causing neglect or abuse toward your loved one are held financially and legally accountable. Additionally, we can take legal steps to build a case for compensation to assist you in obtaining financial compensation for your damages, losses and injuries.

We encourage you to make contact with our Cleveland elder abuse law office today by calling (888) 424-5757 for a full case review. We accept all nursing home abuse and neglect cases on contingency, meaning no upfront fees or retainers are required. All information you share will remain confidential.

For additional information on Ohio laws and information on nursing homes look here.

If you are looking for information on specific facility or an attorney, please see links below to respective locality pages.

Client Reviews

★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
★★★★★
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric