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State law affords certain rights and privileges to nursing home residents, including the benefit to live in a safe environment and receive sufficient care. If staff members have harmed you or a loved one, a Defiance nursing home abuse lawyer can provide you with the assistance and guidance that you need. Reach out to a compassionate personal injury attorney to determine the best course of legal action.
Ohio Revised Code §3721.13 establishes a substantial list of the enforceable rights available to all residents of nursing homes. Among these rights is the individual’s privilege to demand respect and courtesy at all times and not to be subject to mental, verbal, or physical abuse.
Nursing home residents also have the right to have any reasonable inquiries or requests dealt with promptly, to have clothes and sheets changed when needed for the sake of the individual’s sanitation and comfort, and to refuse payment for doctor visits if the doctor fails to make their appointment. If you or a loved one has experienced a violation of these rights, ask a lawyer whether you have a valid claim against the nursing home facility.
A representative of the resident’s estate, the individual’s Power of Attorney, or the injured party themselves may file an action against a nursing home for any damages caused by the facility’s employees. These types of claims typically stem from acts of neglect, such as lifting a resident incorrectly, misreading a prescription, or not securing the door of a memory care center correctly
Common injuries a nursing home abuse attorney in Defiance can help you pursue include:
Under Ohio Revised Code § 2305.10, individuals who wish to file a nursing home abuse or neglect claim most do with within two years. However, if you wish to file a claim for medical malpractice, the statutory deadline decreases to a year. For these types of claims, the statute of limitations begins on the date you discover the injury or the date of the malpractice incident.
Eligible parties may also file a wrongful death lawsuit for damages against a nursing home. Potential damages an attorney can help you recover in a wrongful death lawsuit may include:
A skilled lawyer can review your nursing home abuse case to identify which types of compensation you may be able to pursue based on the circumstances surrounding you loved one’s death.
Nursing homes may be the most popular, but there are many other types of residential care facilities. Assisted living facilities provide care to people who need daily support with certain tasks but enjoy having some level of independence. These facilities offer less care than the typical nursing home.
Skilled nursing facilities offer much more care than traditional nursing homes. These residences are staffed with qualified nurses and therapists. There are also homes that specialize in specific issues, such as memory care facilities. If you have a family member struggling with Alzheimer’s or dementia, you might consider putting them in this type of home.
Though there are many differences among these types of facilities, they all owe a duty of care to their residents. So, if you believe an employee at a nursing home or other type of residential care facility is mistreating your relative, consider talking to an attorney.
State law places mandatory caps on punitive and noneconomic damages that an individual could recover in a nursing home personal injury lawsuit. You may not secure compensation that either exceeds $250,000 or is three times the amount of economic damages awarded.
There is a $350,000 cap per claimant and $500,000 cap per incident in force, meaning that three times the amount of economic damages awarded cannot be more than that amount.
With a catastrophic nursing home injury, the caps are $500,000 per plaintiff and $1,000,000 per incident. While punitive damages cannot exceed two times the damages awarded, the state does not place a cap on economic damages.
Discovering that your loved one has been abused and neglected by the people who are supposed to care for them can be distressing. Fortunately, legal counsel could help you seek justice. If you or a loved one is a survivor of nursing home negligence, a Defiance nursing home abuse lawyer could discuss your concerns and help you determine what possible actions you can take against the facility in question. Reach out today for a free consultation on your case.
Charles E. Boyk Law Offices, LLC