Nursing home abuse and neglect are deeply concerning issues affecting vulnerable elderly residents in Akron, Ohio, nursing homes. Families entrust these facilities with the care and well-being of their loved ones, expecting professional and compassionate treatment. However, abuse and neglect can result in physical harm, emotional distress, or even death. Residents may suffer from falls, malnutrition, dehydration, bedsores, and physical or mental illness due to poor supervision.
At The Henry Law Firm, our Akron nursing home abuse lawyers are here to support families facing these challenging situations with empathy, determination, and legal expertise. With our team’s extensive experience and resources, we diligently investigate every claim, holding negligent facilities responsible for the harm they cause. Once we file a personal injury claim, we will fight relentlessly to recover compensation, helping families find justice for their elderly loved ones.
Nursing Home Abuse Laws in Ohio
Ohio’s Nursing Home Residents’ Bill of Rights
Ohio Revised Code Section 3721.13, also known as the “Residents’ Bill of Rights,” establishes the legal framework that safeguards nursing home residents’ rights. This law mandates that nursing homes must provide a safe, abuse-free environment and ensure residents receive adequate care, food, and medical treatment. Residents are entitled to protection from physical, emotional, and financial abuse, as well as neglect by caregivers or the facility itself. Facilities that violate these rights can be held liable under Ohio law.
Mandatory Reporting Requirements for Suspected Abuse
Ohio law requires healthcare providers, staff members, and other professionals to report any suspicions of abuse, neglect, or exploitation within nursing homes. Reports must be made to the Ohio Department of Health (ODH), which investigates claims and has the authority to impose sanctions, fines, or even revoke a facility’s operating license. In severe cases, Ohio law also allows for criminal charges against individuals found responsible for abuse or neglect.
Legal Recourse and Civil Claims for Victims
Victims of nursing home abuse and their families have the right to pursue civil claims for damages, which may cover injuries, emotional distress, and financial losses resulting from abuse or neglect. Ohio law enables families to hold facilities accountable when they fail to uphold resident rights and safety standards, typically through personal injury or wrongful death lawsuits. Compensation may include medical expenses, pain and suffering, and punitive damages in cases of extreme negligence.
Affidavit of Merit Requirement for Claims
Ohio requires that nursing home abuse claims include an Affidavit of Merit, which must be signed by a qualified medical expert. This affidavit verifies that there is reasonable evidence suggesting a breach in the standard of care, serving as a safeguard against unfounded claims. The Affidavit of Merit requirement ensures that cases brought forward have a legitimate basis and can proceed in Ohio courts.
Common Types of Nursing Home Abuse Claims
Our team at The Henry Law Firm strongly advocates for the rights and dignity of nursing home residents in Akron in all types of nursing home abuse and neglect cases.
Physical Abuse
Our Akron nursing home abuse lawyers handle claims involving physical abuse, which includes any intentional use of force that causes injury, pain, or impairment. This may involve hitting, slapping, pushing, or improper use of physical or chemical restraints. Physical abuse can lead to serious injuries—including fractures, bruises, or worse—for vulnerable nursing home patients.
Emotional and Psychological Abuse
Mental or emotional abuse can have lasting effects on residents’ well-being in nursing homes and assisted living facilities. This type of abuse includes verbal assaults, threats, intimidation, and isolating residents from others. At The Henry Law Firm, we find evidence to prove liability where caregivers have caused emotional trauma through bullying, humiliation, or other harmful actions.
Neglect
Neglect occurs when nursing homes fail to provide adequate care and meet residents’ basic needs, such as proper hygiene, nutrition, hydration, and medical attention. Neglect can result in severe health issues, including infections, malnutrition, and bedsores. Our legal team holds facilities accountable for neglectful practices to recover maximum compensation.
Sexual Abuse
Unfortunately, sexual abuse is a reality in some nursing homes, and it can include any non-consensual or unwanted sexual contact, harassment, or assault. Our attorneys understand the sensitive and devastating nature of these cases, and we approach each with compassion and discretion.
Financial Abuse
Financial abuse involves the exploitation of residents for monetary gain, often through unauthorized use of a resident’s funds or property. This may include theft, forgery, or coercion into signing financial documents. The Henry Law Firm investigates these claims and works to recover any losses suffered by the resident or a family member.
How Our Akron Nursing Home Abuse Lawyers Prove Liability to Recover Damages
Our Akron nursing home negligence and abuse attorneys at The Henry Law Firm will move fast to collect various types of evidence to hold negligent nursing facility staff, management, and owners accountable for the harm they have caused.
- Medical Records and Incident Reports: To establish a clear link between the abuse and the resident’s injuries, our attorneys will collect doctor’s notes, treatment histories, and incident reports within the facility. These personal and medical records may reveal patterns of mistreatment, lack of care, or unexplained changes in the resident’s health.
- Photographic Evidence: Our Akron nursing home neglect and elder abuse attorneys will document physical injuries, unsafe conditions, and any signs of neglect, such as bedsores, bruises, or malnutrition. Photographic evidence can vividly illustrate the harm inflicted and underscore the nursing home’s responsibility.
- Witness Statements: Our attorneys take detailed statements from residents, staff members, and other witnesses who may have observed signs of abuse or poor facility conditions. These accounts provide insights into the facility’s practices and help us establish a timeline of events that led to the abuse.
- Surveillance Footage: If the facility has security cameras, surveillance footage can be critical in proving abuse, especially if the footage shows neglect, physical harm, or inappropriate interactions between staff and residents. Our team will work to obtain and review all available footage.
- Staffing and Training Records: Inexperienced staff or inadequate training may contribute to cases of abuse or neglect. We analyze staffing records and training logs to demonstrate if the nursing home failed to meet standard care levels or hired unqualified staff. These records can prove negligence on the part of the nursing home’s management and owners.
- Evidence of Understaffing and Overworked Staff: Our Akron nursing home abuse lawyers investigate staffing levels and work schedules to uncover patterns of understaffing, which may contribute to neglect and abuse. We examine shift records, staffing ratios, and overtime hours to determine if the facility’s employees were overworked or unable to meet the residents’ care needs.
- Regulatory Compliance and Inspection Reports: Ohio nursing homes are subject to state and federal regulations. We review inspection reports, compliance records, and any citations or violations from oversight agencies. These documents may highlight ongoing issues, such as poor sanitation or past complaints of abuse, that the facility has failed to correct.
- Expert Testimony: Our attorneys collaborate with medical, psychological, and elder care experts who can assess the resident’s injuries and provide testimony on standard care practices. Expert witnesses help explain how the injuries or conditions resulted from abuse or neglect, reinforcing our case against the nursing home’s negligent or intentional actions.
Why Choose Our Akron Nursing Home Abuse Attorneys?
At The Henry Law Firm, our dedicated nursing home abuse lawyers have the skills and experience to hold responsible parties accountable for maximum damages.
National Recognition and Proven Credentials
The Henry Law Firm is a nationally recognized nursing home abuse firm, renowned for its skilled representation in cases of nursing home abuse and neglect, assisted living facility abuse, and community integrated living arrangement (CILA) abuse across the nation. Named among the National Trial Lawyers’ Top 10 Nursing Home Lawyers, we have a record of achieving justice and compensation for families affected by such injustices.
Leadership in Nursing Home Litigation and Advocacy
Our dedication to safeguarding vulnerable individuals extends beyond legal cases. Our attorneys hold honors such as serving on the executive committee of the American Association for Justice Nursing Home Litigation Group, underscoring our commitment to advocacy at the national level. Our insights and experience make us an influential leader and an effective advocate for systemic change in the industry.
Consultant and Trusted Expert with Top Organizations
In addition to our courtroom successes, our attorneys have served as a trusted consultants for prominent organizations, including AARP, the Department of Justice, and the Attorney General’s office. Our work in reviewing electronic medical records has uncovered dangerous practices, including false charting and late entries, which jeopardize patient safety and allow facilities to conceal neglect and abuse.
Groundbreaking Legal Decisions for Nursing Home Accountability
Our illustrious record extends to federal rulings that protect the rights of nursing home residents. One of our attorneys, Megan Shore, successfully secured the first federal motion to remand in the 7th Circuit, establishing that nursing homes cannot invoke immunity under the PREP Act and federal officer immunity related to the pandemic. This landmark decision allows residents and families to hold facilities accountable, setting a new standard for justice and transparency.
To schedule your free consultation with our Akron nursing home abuse attorneys at The Henry Law Firm, call us at (440) 337-0083 or contact us online.
