When neglect or abuse occurs at a nursing home or long-term care facility, it can be an extremely harmful experience for a resident or their loved ones. Nursing home negligence affects millions of vulnerable elderly individuals annually. It occurs when a care facility or its staff fail to provide adequate care and protection to residents, resulting in their harm or injury.
Under federal regulations and Ohio’s Nursing Home Bill of Rights, nursing home residents are entitled to a standard of care that includes freedom from abuse, neglect, and mistreatment. However, according to the National Center on Elder Abuse (NCEA), up to six million cases of elder abuse occur annually, many of which take place within nursing homes. A study conducted by the NCEA also found that over half of nursing home staff admitted to mistreating or neglecting residents within a single year. If a person you know or are advocating for has been affected by nursing home negligence, they have a right to pursue compensation or authorize another person to pursue compensation on their behalf.
At Graham Law, our Ohio nursing home negligence attorneys are prepared to help you and your loved ones navigate your case. Our dedication to compassionate representation ensures that each of our clients receives personalized attention and effective legal advocacy, empowering them to seek accountability for the negligence they have suffered from. To discuss your legal options with our team, schedule a consultation today.
When Does Nursing Home Negligence Happen?
Nursing home negligence occurs in a variety of ways, although all forms can cause injury or harm. Often, neglect or abuse occurs when nursing homes or care facilities are understaffed, or their workers are untrained or unqualified. Types of neglect that frequently affect elderly residents at nursing homes include:
- Insufficient supervision and monitoring of residents
- Neglecting to help residents with necessary day-to-day tasks, including personal hygiene needs
- Failing to ensure residents receive proper hydration and/or nutrition
- Administering incorrect types or dosages of medication
- Failing to implement reasonable measures to prevent falls, hazardous conditions, or other injuries
- Neglecting to address soiled beds, garments, or other items
- Verbal or emotional abuse
- Physical abuse
- Unreasonable physical restraint or seclusion
- Unnecessarily heavy medication or sedation
- Financial abuse of residents
- And more
In extreme cases, nursing home negligence or abuse may result in the unexplained or unexpected death of a resident at a nursing home. Elders or families dealing with the consequences of neglect should remember that they have the right to pursue legal action and compensation.
How Should I Pursue Legal Action When Nursing Home Negligence Has Occurred?
When the safety of a loved one is compromised at a nursing home, it can be devastating. Taking legal action in response to nursing home negligence requires a thoughtful and informed approach. By taking appropriate steps before, during, and after your legal claim has begun, you can help maximize the justice you achieve. To pursue a nursing home negligence claim in Ohio, it is advisable that you speak with an attorney who can help with the following:
- Recognize signs of nursing home negligence. Identify potential signs of nursing home negligence, such as unexplained injuries, untreated medical conditions, sudden weight loss, poor hygiene, changes in behavior, or staff reluctance to allow visits. Document incidents and gather evidence, including medical records, photographs, witness statements, and any communication with the nursing home.
- Consult with a nursing home negligence attorney. Speak with an experienced nursing home negligence attorney in Ohio who understands elder law and personal injury claims. Discuss your concerns and provide any evidence you have gathered for evaluation. A knowledgeable attorney can assess the strength of your case, explain your legal options, advise on next steps, and make you aware of potential compensation you’re entitled to pursue.
- File your lawsuit and navigate legal proceedings. To proceed with your case, you will need to file a lawsuit against the nursing home, facility, or individual staff members involved. Your attorney will handle the preparation and filing of legal documents, ensuring compliance with Ohio’s statutes of limitations and court procedures. To move forward with your case, you may also need to exchange evidence, such as depositions and interrogatories, with the defense.
- Pursue a settlement or trial. When you file a lawsuit against a nursing home for negligence, you will have the option to settle outside of court or take your case to trial. When settling, you can negotiate with the nursing home and their insurance company to seek a fair resolution outside of court. If a settlement cannot be reached, you and your attorney will need to prepare for a trial. This pathway will require you and your team to present evidence, expert testimonies, and arguments to demonstrate that harm due to nursing home negligence occurred.
Navigating a nursing home negligence lawsuit in Ohio can be complicated and requires thorough documentation, legal proficiency, and advocacy. By partnering with an experienced attorney, you can ensure your rights are protected.
Why You Should Work With Graham Law’s Nursing Home Negligence Attorneys
At Graham Law, our nursing home negligence attorneys aim for the best possible outcome for you and your loved one under the law. By working with our attorneys, you can ensure that you have access to valuable legal guidance and professional representation. With over 100 years of experience practicing law in Ohio, we can help you through every step of the legal process by:
- Applying our thorough legal experience and knowledge to your case. Our nursing home negligence lawyers have the background and history necessary to navigate the complex laws and regulations that apply to elder care. Our attorneys understand the nuances of proving negligence, gathering evidence, and presenting a compelling case in court or during settlement negotiations.
- Advocating for you and your loved one while protecting your rights: Our attorneys will serve as your advocates, protecting your rights and those of your loved ones who may have suffered due to negligence in a nursing home. We can handle any communication necessary with the institution, insurance companies, or legal representatives, ensuring your concerns are addressed effectively and professionally. In addition, our legal team’s in-depth knowledge of Ohio’s laws and regulations when it comes to nursing home standards means we can help you analyze your case from the very first meeting.
- Helping you pursue compensation to the fullest extent. Our nursing home negligence attorneys at Graham Law are adept at assessing the full extent of damages caused by nursing home negligence. These might include medical expenses, pain and suffering, emotional distress, and punitive damages. We work to maximize the potential compensation you can receive by arguing for fair settlements or pursuing litigation.
With offices located in both Cambridge and Zanesville, our attorneys at Graham Law are available to assist our clients, no matter where they are located in Ohio. For more information about the services we provide and the legal pathways available to you, schedule a consultation with our team today.
Contact Our Ohio Nursing Home Negligence Attorneys For a Free Consultation
At Graham Law, our attorneys are prepared to assist those pursuing nursing home negligence claims in Ohio. With a deep understanding of Ohio law and a commitment to protecting our client’s rights, we offer comprehensive support throughout every stage of the legal process. From meticulously gathering compelling evidence to presenting convincing cases in court, we strive to achieve justice and fair compensation for our elderly clients across Ohio affected by nursing home negligence.
By reaching out, you can take a step toward obtaining justice for the people that matter to you. Contact us today to discuss the rights and compensations you may be entitled to under Ohio law.
