What is your nursing home abuse or neglect question?
Below, you will find the answers to some of the most frequently asked questions about nursing home abuse and neglect. Our answers are based on our work with numerous families dealing with serious injuries or illnesses caused by nursing home abuse.
If you don’t see your specific question, don’t worry. Even if you do, we still urge you to contact our Central Ohio law firm and schedule a free case evaluation with one of our experienced nursing home abuse lawyers. Every case often presents its own unique challenges. That’s why we take the time to create a strategy that suits your specific circumstances. We’re here for you when you need us most.
What is nursing home abuse?
Nursing home abuse can cover a wide range. In general, abuse often involves nursing home employees or fellow residents physically abusing someone in the nursing home. Physical abuse isn’t the only type of case our nursing home abuse attorneys deal with. Verbal abuse (yelling, threatening residents), psychological abuse (teasing, making fun of residents), sexual abuse and financial exploitation (stealing from residents, overcharging them, etc.) are also common. Whatever type of nursing home abuse case you’re dealing with, we can help you demand justice for your loved one.
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What is nursing home neglect?
Nursing home neglect often involves staff members not providing the care and attention nursing home residents need and deserve. As a result, a nursing home resident can sustain a serious injury or illness due to unsanitary conditions, lack of food, inattention or other types of nursing home neglect. Nursing home neglect cases can be very complicated. That’s why it’s critical that you talk to an attorney as soon as possible if you suspect your loved one is a victim of nursing home neglect.
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Why does nursing home abuse or neglect happen?
There are many reasons why abuse or neglect can happen at nursing homes. Often, financial considerations play a role. The nursing home may be trying to save money by understaffing the facility, not hiring experienced employees or trying to cut costs by feeding residents less food or less nutritious meals.
Other times, these types of cases involve lack of oversight by the nursing home. These cases may involve the nursing home’s failure to conduct the necessary background checks when hiring employees or not properly supervising their work. As a result, abusive employees or residents can commit crimes without the nursing home even realizing what’s happening.
Whatever type of nursing home abuse or neglect case your family is dealing with, you can count on our Central Ohio law firm to thoroughly investigate your claim and demand justice.
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What are the warning signs of nursing home abuse?
It’s important to be aware of the warning signs of nursing home abuse. If you notice any of the following, seek immediate medical attention for your loved one. They could be a victim of nursing home abuse. Warning signs of nursing home abuse include:
- Unexplained bruises
- Other unexplained injuries
- Sudden mood changes
- Visits to nursing home restricted
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What are the warning signs of nursing home neglect?
There are many warning signs of nursing home neglect that should be taken seriously. Otherwise, any health issues your loved one is experiencing due to neglect could get significantly worse. Warning signs of nursing home neglect include:
- Unsanitary conditions in the nursing home
- Unexplained weight loss
- Infections or other unexplained health problems
- Dramatic mood changes
- Nursing home visits restricted
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What should I do if I suspect nursing home abuse or neglect?
Every case is different. In general, you should immediately take the following steps to protect your loved one’s health and well-being if you suspect they are being abused or neglected at a nursing home:
- Seek immediate medical attention for your loved one.
- Tell the nursing home what’s happening.
- Report the abuse or neglect to the local police.
- Contact our law firm as soon as possible. We can help you at any stage in the process.
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Who investigates nursing home abuse or neglect cases in Ohio?
You should start by contacting the Ohio Department of Health’s Complaint Unit. They can then forward your complaint to Ohio’s Bureau of Survey and Certification, the state agency responsible for investigating nursing home abuse and neglect complaints. You can reach the Complaint Unit by calling (800) 342-0553 or (800) 669-3534. If you’re not sure what to do or need some assistance, please also feel free to contact our Columbus law firm at any time.
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How long do I have to report nursing home abuse or neglect in Ohio?
In Ohio, you have three years from the date the abuse or neglect took place to take legal action, in most cases. This three-year-deadline is known as the statute of limitations. If you wait longer than three years to report your abuse or neglect allegation, you could miss out on your opportunity for justice.
It’s also important to remember that in most cases the sooner you take legal action, the better. That’s because the evidence needed to build strong legal cases can disappear over time. Nursing homes might also destroy the evidence, accidentally or intentionally. Any witnesses who saw what happened could move away or forget what happened if you wait too long. That’s why we want to get to work on your legal case right away.
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Can I file a lawsuit against the nursing home?
In many cases, yes, you can file a nursing home abuse or neglect lawsuit against the nursing home itself. It’s important to remember that legal cases involving nursing home abuse and neglect can be very complicated and even contentious. Don’t be surprised if the nursing home denies doing anything wrong. You can also expect the nursing home to hire a lawyer to defend its actions. That’s why it’s important to discuss your concerns with an experienced nursing home abuse attorney at our law firm as soon as possible. We can help you level the playing field.
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Can I take legal action against the nursing home for a COVID-19 death?
If your loved one died due to COVID-19 in a nursing home, you may be able to take legal action against the nursing home for neglect. However, it’s important to understand that these types of legal cases can be very complex. Even if the nursing home clearly failed to take the necessary precautions to prevent your loved one from contracting the virus, be prepared for the nursing home to take strong legal action to justify its actions. As your attorney, we can explain all the legal options available to you and which one makes the most sense based on the specific circumstances of your unique case.
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Should I accept a settlement offer from the nursing home?
Don’t be surprised if the nursing home makes a settlement offer if you file a complaint involving nursing home abuse or neglect. The reason many nursing homes take this approach is because they’re hoping you will simply accept their offer and go away. Many settlement offers don’t even come close to covering all your family’s expenses associated with your nursing home abuse or neglect claim. That’s why we want to meet with you as soon as possible. We can help you decide if the settlement offer you received truly meets all your needs or whether you should demand additional financial compensation. We have your best interests at heart at Mani Ellis & Layne, PLLC.
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How much is my nursing home abuse or neglect claim worth?
There’s no set dollar amount when it comes to nursing home abuse or neglect claims. Some may be worth a few thousand dollars. Others may be worth millions. The difference can depend on many different factors, including:
- The severity of your loved one’s injury or illness
- The medical care needed to treat them
- Whether they require additional long-term medical care due to their injury or illness
- Whether your family has to make any changes due to their medical condition (reduce work hours in order to spend more time with family member, upgrade your loved one’s living conditions, etc.)
Another important factor can be if your loved one died as a result of nursing home abuse or neglect. In these cases, your family may be able to file a wrongful death lawsuit, which could be worth significantly more since your loved one died due to the nursing home’s negligence.
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What can I be compensated for when it comes to nursing home abuse or neglect?
There are many expenses your family can and should be financially compensated for if your loved one is a victim of nursing home abuse or neglect. You may be eligible to recover compensation for:
- Ambulance fees
- Emergency medical care
- Follow-up surgical procedures
- Physical therapy
- Long-term medical treatment
- Additional expenses for a higher quality nursing home facility
- Funeral expenses if you loved one died as a result of nursing home abuse or neglect
- Pain and suffering, in certain circumstances
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How can a nursing home abuse attorney help me?
There are many different ways nursing home abuse attorneys can help your family if you suspect abuse or neglect. The bottom line is, our legal team can work with you to make sure your loved one’s injury or illness gets the attention it rightfully deserves. We don’t work for the state or another government agency. We work exclusively for you and your family. Everything we do is focused on making sure your loved one’s injury or illness is treated properly and your family is fairly compensated for all your expenses. We also realize your case is about more than just money. It’s about holding the nursing home accountable for its actions. It’s about putting a stop to nursing home abuse or neglect. It’s about justice.
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