The challenges of caring for an elderly family member can sometimes lead to the difficult decision to place them in institutional care, such as a nursing home or assisted living facility. However, this can create a new set of concerns about the quality of care being provided and the legal options that families have when they suspect a long-term care facility is providing substandard services.
Nursing home and assisted living facilities have seen an upward trend in legal claims related to abuse and neglect. While these cases often have similar causes, like understaffing and resident vulnerability, facilities are held to different standards based on the different levels of care they provide.
The differences in standards between Ohio nursing homes and assisted living facilities can significantly impact legal liabilities in a personal injury lawsuit.
Differences Between Nursing Homes and Assisted Living Facilities
A recent AARP survey found that more than 1 in 5 Ohioans age 45 and older provide unpaid care to an adult family member or friend. The survey also found that, as they age, 80% of people prefer to receive care at home with caregiver assistance.
Giving unpaid, in-home care to an aging loved one can be challenging on a number of levels, though. When families can no longer provide adequate care to a loved one at home, they might consider the transition to an institutional setting.
Ohio, like many states, has a growing senior population that is increasing demand for both nursing home and assisted living services. The proportion of Ohio residents aged 65 and older rose from 14.1% in 2010 to 18.4% in 2022, and it’s projected that, by 2030, more than 1 in 4 Ohioans will be aged 60 and older.
- Around 67,000 Ohioans live in certified nursing facilities as of 2024, according to the Kaiser Family Foundation. This represents about 0.6% of the state’s population. The Ohio Department of Health certifies roughly 1,000 nursing homes.
- Approximately 45,000 Ohioans reside in one of the state’s estimated 1,100 assisted living or similar residential care facilities, according to the Ohio Long-Term Care Ombudsman program.
While Ohio’s nursing homes and assisted living facilities both provide care for older adults, they differ significantly in the level of care, regulations, and overall focus.
| Feature | Nursing Home | Assisted Living |
| Level of Care | Skilled nursing care | Personal care and assistance with daily living |
| Regulations | Federal and state | Primarily state |
| Staffing | RNs required | Caregivers, may not have 24/7 RNs |
| Services | Wide range of medical services | Personal care, assistance with daily living, social activities |
| Cost | Higher | Lower |
| Environment | More clinical | Home-like |
How Long-Term Care Facility Standards Can Affect a Personal Injury Lawsuit
Nationally, there has been an uptick in lawsuits against nursing homes and long-term care facilities.
A 2024 report found a 0.3% increase in the frequency of claims for long-term care facilities and a 3.7% increase in claim severity. Falls account for the largest number of legal claims, followed by wounds/skin injuries, infections, and abuse.
These lawsuits reflect, in part, a growing elderly population that is physically vulnerable. Other recognized factors include understaffing, staff burnout, lack of proper training, and for-profit facilities that cut corners on safety.
The different standards for Ohio nursing homes and assisted living facilities play an important role in determining legal liability in a personal injury lawsuit. While both types of long-term care settings have a legal duty to provide reasonable care to their residents, the standard of care and duty of care differ depending on whether care is delivered in a nursing home or an assisted living facility.
- Nursing homes are generally held to higher standards due to the greater vulnerability of their residents, the higher level of medical care they provide, and the dual demands of federal and state regulations. They are expected to provide skilled nursing care, adhere to strict medication management protocols, and have sufficient staffing to meet residents’ needs. A lawsuit against a nursing home might allege failure to prevent a fall or a medication error.
- Assisted living facilities typically are held to lower care standards than nursing homes because they are only regulated at the state level, and their residents tend to have less complex medical needs, with a focus on receiving personal care and assistance with daily living activities. These facilities could be held liable for negligence if, for example, they fail to give necessary assistance or adequate supervision to residents.
Ohio Assisted Living Facility and Nursing Home Injury Attorneys
Choosing the right type of care facility for an aging loved one is a crucial decision that more Ohio families are having to make in a graying population. If you suspect that a family member is being abused, neglected, or exploited at an Ohio nursing home or long-term care facility, your choice of attorneys is equally crucial.
Graham Law is committed to protecting our elderly population from mistreatment and holding facilities and staff members to the highest legal standards possible. Contact us for a free case review to discuss your rights and next steps.
