Understanding Nursing Home Residents’ Rights by Angela Hanna

Unfortunately, many residents of nursing homes
or long-term care facilities experience some
form of abuse or neglect while under the care of
the professionals in whom they place their trust.
According to the National Center on Elder Abuse,
more than 2 million cases of nursing home abuse are
reported each year in the U.S.

If you think a family member in a nursing home may
be a victim of abuse, it’s important to act quickly. Our
nursing home abuse attorneys at Charles Boyk Law
have helped countless nursing home abuse victims
and their families secure justice all across Ohio.

Nursing home abuse can take many forms. It can
involve physical injury, mental harm, neglect, or
financial exploitation. Abuse can happen to anyone
and can occur in a variety of settings, including
the community and in long-term care facilities. A
combination of physical, psychological, functional,
social, and economic factors may be associated with
the occurrence of elder maltreatment. Unfortunately,
many cases of abuse go unnoticed until it’s too late.
National statistics show that about 1 in 10 nursing
home residents is affected by some form of abuse
or neglect. Additionally, U.S. Census data suggests
that more than 200,000 Ohioans age 60 and older
experience some form of elder abuse.

In Ohio, the Ohio Nursing Home Bill of Rights is a
statute designed to protect nursing home residents.
The rights established in this statute include:

– The right to live in a safe and clean environment.
– The right to be free from physical, mental, and
emotional abuse, and to be treated with respect
and dignity.
– The right to receive appropriate medical care,
regardless of race, religion, or how the care is paid for.
– The right to have all reasonable requests and
inquiries responded to promptly.
– The right to have clean bed sheets and clothing.
– The right to participate in decisions about
their own care and receive full information
about their medical conditions.
– The right to be free from unnecessary restraints.
– The right to voice concerns or grievances
without fear of retaliation.

It’s important to remember that even though
someone is in a nursing home, they still have civil
rights and should be treated with the same dignity as
any other person.

Nursing homes have a duty to protect residents
from abuse and are required to provide a safe
environment. To ensure the safety of their residents,
nursing homes must actively protect residents,
anticipate and prevent abuse/neglect. They are
also supposed to supervise, monitor, and separate
residents if necessary.

Common failures that have led to nursing homes
being legally liable include:

Understaffing: Not enough employees to effectively
assess, supervise, and monitor residents, leading to
neglect and vulnerability to abuse.

Inadequate Training: Lack of training on preventing
and responding to abuse/neglect, including
recognizing warning signs and knowing how or when
to intervene.

Failure to Monitor Behaviors: Staff fail to monitor
other residents’ behaviors, including verbal or
physical aggression, prior sexually suggestive acts,
and wandering into other residents’ rooms, creating
opportunities for abuse.

Failing to Conduct Proper Background Checks:
Nursing homes/in-patient facilities fail to conduct
thorough background checks on both residents and
staff, potentially placing vulnerable individuals at risk.

Charles Boyk Law Offices can help you with cases involving:

– Negligent care, including negligent supervision,
delayed care, or medication errors
– Physical abuse
– Sexual abuse
– Mental or emotional abuse
– Financial abuse
– Negligent hiring or understaffing

If any of these types of abuse are suspected, it’s
important to consult with a lawyer right away. It can be
hard to notice signs of abuse, especially since nursing
home residents are often not able to speak up for
themselves. However, some warning signs may suggest
abuse or neglect:

– Bruises, cuts, or burns that can’t be explained
– Bedsores (also called pressure ulcers)
– Poor hygiene or unkempt appearance
– Unattended medical needs (such as missing
medications or untreated wounds)
– Depression or social isolation
– Dehydration or unusual weight loss
– Unusual changes in behavior or sleep
– A sudden change in the resident’s physical or
mental health

If you think your loved one is being abused, here are
the steps you should take:

File a report: You can file a complaint with the Ohio
Department of Health or Ohio Department of Aging
through its Ohio Adult Protective Services Hotline at
1-855-OHIO-APS.

Get medical treatment: A doctor can examine your
loved one for signs of abuse or neglect and provide
important evidence that could help in a legal case.

Contact Charles Boyk Law Offices. Our lawyers can
help you understand your options and protect your
loved one’s rights. We will also gather evidence, talk to
witnesses, and fight to get compensation for
the harm your loved one has suffered. We can
provide you and your family with a free consultation
to ensure you understand your legal rights and
options for a potential recovery.