Charles E. Boyk Law Offices, LLC
State law affords certain rights and privileges to residents of nursing homes, including the benefit to live in a safe environment and receive sufficient care. If nursing home staff members have abused you or a loved one, a Defiance nursing home abuse lawyer could 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.
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 resulting from the facility’s employees. Common instances of injuries that a Defiance nursing home abuse attorney could help the plaintiff pursue a case for include:
Under Ohio Revised Code § 2305.10, individuals who wish to file a nursing home abuse claim are subject to a two-year statute of limitations deadline. However, if a plaintiff wishes to file a nursing home abuse claim for medical malpractice, this statutory deadline decreases to a year. For these types of claims, the statute of limitations does not begin to expire until the malpractice date or the date on which the plaintiff discovers their injury.
Eligible parties may also file a wrongful death lawsuit for damages against a nursing home. Potential damages an attorney could help a claimant recover in a wrongful death lawsuit may include:
A nursing home neglect lawyer in Defiance could review a complainant’s case to identify which types of compensation they may be able to pursue based on the circumstances surrounding their loved one’s death.
State law places mandatory caps on punitive and noneconomic damages that an individual could recover in a nursing home personal injury lawsuit. Plaintiffs 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.
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 respect and courtesy at all times and not to be subject to mental, verbal, emotional, 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 visitation. Residents should understand their rights as any acts that violate these rights could result in a valid claim against the nursing home facility.
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 consultation on your case.