When family members place a loved one in a nursing home, they expect that a loved one will receive the utmost medical attention, services and care. They expect that if a loved one requires additional care, such as physical therapy, a check-up by a doctor or dental services, that a nursing home will provide this care. Unfortunately, there are thousands of nursing home residents who suffer from a lack of mobility and getting the exercise that they need in physical therapy programs. Even worse, more residents are actually the victims of abuse and neglect in the nursing home context.
In Ohio, a research study from the University of California-San Francisco indicates that over 28 percent of nursing homes were deficient in maintaining professional standards as well as providing sufficient quality of care. Researchers found that over 45 percent of nursing homes also had an unsafe environment for residents in 2008. This could mean that residents were using equipment in disrepair or that staff workers were not properly trained for transitions or positioning residents. Residents may have been at a greater risk for suffering from falls in hallways. If your loved one has suffered in any of these ways, then you should get in touch with an Ohio nursing home negligence lawyer today. An Ohio nursing home lawyer is available to investigate your case and give it the attention that it deserves.
Ohio Nursing Home Injury Laws
In Ohio, nursing home abuse is a serious issue that the legislature has addressed in creating various statutes. The Adult Protective Services Act and Abuse, Neglect or Misappropriation of Residents’ Property at Long-Term Care Facility Act govern the treatment of residents in Ohio. Under the Abuse Act, one is guilty of abusing a resident if he or she knowingly or recklessly causes physical harm to a resident. This could also include using a physical or chemical restraint to cause harm to a resident, isolating the resident or forcing a resident to consume medication as a form of punishment.
There are also several government authorities that family members can consult for additional information or to file a report of nursing home abuse. These departments are the Ohio Department of Health, Department of Aging, Department of Health-Division of Quality Assurance and the Long Term Care Ombudsman. Family members who are looking for a nursing home care facility for a loved one may wish to review the past history of a facility by contacting the ombudsman. The ombudsman maintains records for each nursing home facility in the state and can provide family members with information to help them make the right choice for a loved one. Family members should pay attention to whether a facility has a history of abuse or neglect in choosing a facility for a loved one.
Learn More About Your Loved One’s Federal Rights
Under the Nursing Home Reform Act of 1987, nursing home residents have certain rights that may not be trampled upon by administrators or workers. Even abstract rights like the right to dignity may not be impeded under this act. Other more practical rights stated in the Act include the right to be free from physical or chemical restraints, the right to be free from neglect and abuse, the right to be informed about medical decisions that impact a care plan, the right to receive comprehensive information about a care plan and the right to have a say in one’s medical treatment. If a resident objects to a certain surgery or medicine due to religious reasons, then this objection must be honored by the medical staff at a nursing home. Otherwise, the staff workers may be liable for violating a resident’s rights under the Act.
Consult with Our Ohio Nursing Home Lawyers Today
An Ohio nursing home negligence lawyer is ready to provide you with the assistance that you need. Call one of our lawyers to learn more about the rights of your loved one and whether any compensation may be available for a violation of these rights. Our attorneys are ready to help Ohio families in areas such as:
If your loved one has been abused or neglected, then it is time to take a stand against this unethical and truly disturbing behavior of nursing home workers and administrators.
Nursing Home Negligence
STATUTE OF LIMITATIONS
- 1 year. (Ohio Rev. Code Ann. §2305.10 – Bodily injury or injury to personal property)
- Medical malpractice – 1 year with Discovery Rule, but if within one year limitation period, claimant gives written notice to defendant, action can be brought anytime within 180 days after notice. Foreign object cases have a SOL of 1 year from discovery. Minors have 4 years from date of malpractice. (Ohio Rev. Code Ann. §2305.113(A))
- Noneconomic damages are limited to the greater $250,000 or three times economic damages, subject to a maximum of $350,000 per plaintiff and maximum of $500,000 per occurrence. If the plaintiff suffered permanent and substantial physical deformity, loss of use of a limb, loss of a bodily organ system, or permanent physical injury that prevents self-care, then the maximum increases to $500,000 per plaintiff and $1 million per occurrence. (Ohio Rev. Code Ann. §2323.43)
STATUTE OF LIMITATIONS
- 2 years. (Ohio Rev. Code Ann. §2125.02(D))
- None. (Ohio Rev. Code Ann. §2323.43)
- Adult Protective Services – (Ohio Rev. Code Ann. Title LI Public Welfare, §§5101.60-72)
- Abuse, Neglect, or Misappropriation of Residents’ Property at Long-Term Care Facility – (Ohio Rev. Code Ann. Title XXXVII, Health-Safety-Morals, §3721.21-26)