Nursing Home Negligence And Abuse

Ohio Nursing Home Negligence And Abuse Lawyer

Nursing home neglect and abuse injures and kills thousands of patients/residents every year in Ohio. This can be a frightening prospect for anyone considering placing, or having already placed, their loved one in a nursing home facility.

When the care your family member receives comes into question, and negligence or intentional conduct appears to be to blame, you need to contact The Pecchio Law Firm to answer your questions. We will walk you through the legal process of pursuing action and seeking damages for all injuries, pain, suffering, emotional distress, and damages caused by the neglect or abuse.

If you suspect the quality of care you, or a loved one, received was substandard, the neglect or abuse may be due to understaffing, negligent hiring or inadequate training. Our firm will locate a medical expert to review the records and make a determination whether the case has merit. Our law firm will then come beside you and your family, to pursue the compensation you deserve.

What Is Nursing Home Neglect Or Abuse?

Nursing home neglect or abuse may include:

• Medical neglect
• Medication errors
• Falls
• Physical assault
• Sexual assault
• Emotional abuse
• Ignoring a patient’s hygiene needs
• Unsanitary living conditions
• Loss or lack of mobility
• Inadequate nutrition
• Bed sores

If you believe that your family member has suffered injury or death due to nursing home negligence or abuse, there may be a viable medical negligence lawsuit, but it is imperative for you to take action quickly and contact our law firm for a free consultation.

A Few Things To Know About Pursuing A Nursing Home Negligence Or Abuse Claim In Ohio

If your loved one went into a nursing home in Ohio and suffered serious harm or even death, they or your family may be eligible to file a lawsuit. Each medical negligence case has its own set of facts, so it is essential to discuss your options for pursuing a claim with an Ohio nursing home neglect and abuse attorney.

Time Limits For Filing A Nursing Home Neglect Or Abuse Case

If you have plans to file a nursing home neglect or abuse lawsuit, you should begin working with an attorney as soon as possible to ensure that you do not miss the time window for filing a claim. Under Ohio law, a medical negligence lawsuit in general must be filed within one (1) year from the date of the negligent act that resulted in the injury. There are some exceptions to the one-year (1) statute of limitations for medical negligence claims. One significant exception is where the victim could not have reasonably known about an injury immediately. Then the victim may have one-year (1) from the date he or she discovers, or reasonably should have discovered, the injury to file a claim.

Wrongful Death In A Nursing Home

If the nursing home’s negligence or abuse resulted in the death of the patient, the statute of limitations is extended to two (2) years from the date of death. There may be some exceptions to this rule to discuss with your attorney. Even though two (2) years seems like a long time, keep in mind it can take many months to investigate the facts, gather all the nursing home records and often hospital records, for review. Time is also needed for your attorney to locate a qualified medical expert to review all of the medical records.

Medical Experts In Nursing Home Neglect And Abuse Cases

Ohio law also requires a potential plaintiff, who was a victim of medical negligence to get an “Affidavit of Merit“ from a qualified medical expert before she, or he can file a medical negligence lawsuit. The affidavit of merit provides necessary information from the medical expert expressing an opinion that the treatment received by the victim at the nursing home fell below the acceptable standard of care.

What Can I Recover In A Nursing Home Neglect Or Abuse Case?

Unfortunately, Ohio law cannot heal the injuries caused by nursing home neglect or abuse. Instead, what the courts can do is attempt to make it right by awarding money to the victim and his or her family in the form of damages.

What Type Of Damages Can I Recover In A Nursing Home Neglect Or Abuse Case?

In medical negligence lawsuits in Ohio prevailing victims, and/or their families can recover compensatory damages to compensate the plaintiff/victim for the injury. In rare cases a victim may also be entitled to punitive damages, which are intended to punish the nursing home whose conduct was particularly egregious.

Compensatory damages include economic damages, and non-economic damages. Economic damages usually include such things as medical bills, lost wages, amounts paid for prescription drugs, and amounts paid for medical equipment, etc.

Non-economic damages compensate the victim or his family for such things as pain and suffering, mental anguish and loss of consortium of family members.

What To Do If You Or A Family Member Has Been Injured In A Nursing Home

If you think your family member may have been injured because a nursing home failed to provide proper care to your loved one, your first step should be to raise the issue with the nursing home to stop the negligent or abusive treatment. This may allow you to prevent further damages that might eventually require a lawsuit.

If the nursing home is unwilling or unable to help you or your loved one, and is unwilling to stop the substandard medical care, your next step should be to consider legal action. Feel free to contact The Pecchio Law Firm for a free initial consultation.