Copyright © 2021 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Whenever a person makes the decision to send a loved one to a nursing home, they expect they will receive care that is compassionate and competent. Unfortunately, it is not uncommon for abuse to happen in Gibsonburg’s nursing homes and assisted living facilities.
This abuse can result from both intentional acts of cruelty on the part of staff members or from the level of care falling to the point of negligence. Either way, a seasoned personal injury attorney could help residents and their families seek compensation if they have suffered an injury due to abuse.
A Gibsonburg nursing home abuse lawyer can represent residents and their families in lawsuits that aim to hold nursing homes civilly liable for the actions of their employees.
Residents in nursing homes have rights under the law. All facilities must follow the Ohio Bill of Nursing Home Rights, protections given in Ohio Revised Code 3721.13. These include:
If the facility violates any of these rights, the resident could sue for damages. Generally, the resident will argue that abuse resulted from negligence. This means that the facility or employee did not mean for an injury to happen, but nevertheless, due to their actions, an injury did occur.
Other injuries are the result of deliberate abuse. Despite intensive training and vetting programs, abusive personalities slip through the hiring process at many facilities. With residents in nursing homes being at the mercy of their caregivers, unscrupulous staff members will frequently take advantage of them.
Intentional abuse can result in not just a civil lawsuit, but also criminal prosecution. If residents or family members suspect intentional abuse, they should contact the police immediately.
The state established a complaint unit administered by the Ohio Department of Health. This unit is dedicated to hearing allegations of abuses that happen in nursing homes and assisted living facilities throughout the state. This committee can punish facilities who violated the Bill of Resident Rights.
While the state may punish the facility with reprimands or civil fines, if the resident wishes to obtain compensation for their injuries, they must file a civil lawsuit. There is a strict time limit for a person to file a lawsuit. The statute of limitations requires that all lawsuits alleging nursing home abuse begin no later than two years after the time that the abuse took place. That is why it is important to speak with an experienced Gibsonburg nursing home abuse lawyer that could help individuals file their claim within the statute of limitations.
Few people in our society are as vulnerable to abuse as nursing home residents. Because of this, predatory staff members or facilities believe that they can take advantage of them.
A Gibsonburg nursing home abuse lawyer’s role is to protect residents and pursue compensation from facilities who prey on them. An attorney can work to discourage any further abuse and to obtain justice for abuses that already occurred. Contact a lawyer today to learn how they can help you.
Charles E. Boyk Law Offices, LLC