When placing a loved one in a nursing home, families must ensure that the facility provides a safe, compassionate, and compliant environment. Unfortunately, some Ohio nursing homes have a history of violations, ranging from inadequate care to serious safety risks. Identifying these violations early can prevent harm and empower families to make informed decisions.
If your elderly loved one has been injured or suffered an illness due to nursing home negligence, our experienced nursing home abuse attorneys in Cleveland are ready to represent you. Our investigative team will find nursing home infractions in Ohio, and link them to your loved one’s injuries to establish liability and pursue maximum damages.
Legal Framework for Nursing Home Oversight in Ohio
Federal and State Oversight
Nursing homes in Ohio are regulated at both the federal and state levels. The Centers for Medicare & Medicaid Services (CMS) oversees nursing homes participating in Medicare or Medicaid, while the Ohio Department of Health (ODH) regulates all licensed nursing homes in the state. These agencies conduct inspections, investigate complaints, and publish the results.
Key Laws and Regulations
- Federal Nursing Home Reform Act (OBRA 1987): Sets minimum standards for nursing home care.
- Ohio Revised Code Chapter 3721: Establishes Ohio-specific requirements for long-term care facilities, including staffing levels, infection control, and resident rights.
- Ohio Administrative Code (OAC) 3701-17: Provides detailed operational rules for nursing home licensure and compliance in Ohio.
Ohio nursing home violations of these laws and regulations can result in citations, fines, or even loss of licensure.
Primary Sources for Checking Nursing Home Violations in Ohio
CMS Nursing Home Compare (Care Compare)
Website: https://www.medicare.gov/care-compare
CMS’s Care Compare tool offers detailed inspection reports and ratings for Medicare/Medicaid-certified nursing homes.
How to Use It:
- Search by facility name, city, or ZIP code.
- Review the “Health Inspections” section to see:
- Dates and types of inspections
- Summary of violations (deficiencies)
- Severity and scope rating
- Check for any instances of “Immediate Jeopardy.” These are critical violations that pose serious harm.
Care Compare also includes ratings on:
- Staffing
- Quality of resident care
- Covid-19 vaccination rates
Ohio Department of Health Long-Term Care Inspection Reports
Website: https://odh.ohio.gov/know-our-programs/nursing-home-inspection-reports
ODH publishes the results of its surveys and inspections, including complaint investigations and licensure reviews.
How to Use It:
- Browse or search for the facility using its name or location.
- Review detailed survey results, including:
- Complaint logs
- Annual inspection reports
- Plans of correction submitted by the facility
These documents usually provide deeper context than federal CMS reports and can include issues that are state-specific.
Ohio Long-Term Care Ombudsman Program
Website: https://aging.ohio.gov
The Ohio Department of Aging oversees this program, which advocates for nursing home residents and tracks complaints.
How to Use It:
- Contact the regional ombudsman’s office for the facility in question.
- Request information on the nature and frequency of complaints.
- Inquire about the resolution process and facility responsiveness.
While ombudsman reports are not always publicly posted online, staff can generally share insights that may not be visible in formal inspections.
Types of Violations You May Discover
Health and Safety Violations
These are the most severe and typically involve:
- Abuse or neglect
- Unsafe medication practices
- Inadequate infection control
- Lack of supervision leading to falls
Administrative Violations
- Staffing shortages
- Failure to maintain accurate records
- Unqualified or improperly trained personnel
Resident Rights Violations
- Improper restraint use
- Failure to obtain informed consent
- Ignoring resident complaints or care plans
Each of these may have different levels of severity (ranging from isolated incidents to widespread systemic issues) and may trigger various types of penalties.
Reading and Interpreting Inspection Reports
Severity and Scope Rating System
Both CMS and ODH use a coding system to classify violations:
- Severity Levels:
- Level 1: No actual harm
- Level 2: Minimal harm or potential for harm
- Level 3: Actual harm
- Level 4: Immediate jeopardy to resident health or safety
- Scope Levels:
- Isolated
- Pattern
- Widespread
A violation coded as “Level 4 – Widespread” is among the most serious and should trigger immediate concern.
Sample Citation Format
Citations are typically written in the format: F-Tag Number – Regulation Violated – Description of Deficiency. For example:
- F-689 – Failure to prevent accidents – A resident suffered multiple falls due to a lack of supervision.
Using Additional Tools and Databases
Ohio Legal Aid and Watchdog Groups
Organizations such as Pro Seniors, Inc., and Justice in Aging may maintain watchlists or offer tools to search for nursing home violations. Some consumer watchdog websites also aggregate public data in user-friendly formats.
County-Level Health Departments
Local health departments may have access to inspection records and complaints not listed on state databases. Inquiries can often be made via phone or email.
Public Records Requests
Under Ohio’s Public Records Act, individuals can file requests for:
- Complaint investigations
- Staffing logs
- Correspondence between the facility and regulators
Such records and nursing home abuse reports may provide additional insights beyond what is published online.
How to Assess a Facility’s Overall Compliance Culture
Track Record of Repeat Offenses
Patterns of similar citations across multiple years often suggest a deeper problem. For example, repeated infection control violations can signal systemic staffing or training failures.
Responsiveness to Citations
Facilities are typically required to submit a Plan of Correction (POC) after violations are cited. Reviewing these plans and whether they were implemented can reveal the seriousness with which the facility treats compliance.
Staff Turnover Rates
High turnover, particularly among nursing or administrative staff may indicate poor working conditions, overworked staff, or management issues. This data may not always appear in inspection reports but can be discerned from reviews, ombudsman insights, or state data.
Resident and Family Reviews
While subjective, consistent complaints in public reviews about hygiene, responsiveness, or safety can reflect problems in care. Reviews on platforms like Yelp or Google should be cross-verified with formal inspection records.
What to Do If You Discover Past Ohio Nursing Home Violations
Ask the Facility for Clarification
Nursing homes are required to make their most recent inspection reports available to the public. Ask administrators for explanations and what steps have been taken to address the issues.
Request a Tour
During an in-person visit, ask specific questions about cited deficiencies, changes in protocols, and staffing policies. Note whether staff are transparent or evasive.
Monitor for New Reports
Inspection data is updated regularly. Re-check public databases before making final placement decisions.
File a Complaint if Needed
If a facility is currently housing your loved one and concerns arise, complaints can be filed with:
- Ohio Department of Health
- CMS
- Long-Term Care Ombudsman
Complaints can be filed anonymously and may trigger a new inspection.
Steps Our Ohio Nursing Home Abuse Lawyers Will Take to Prove Liability and Recover Compensation
Investigating the AllegationsÂ
At The Henry Law Firm, our nursing home abuse attorneys begin by conducting a deep investigation into the facts and circumstances of the injury. This involves gathering medical records, staff schedules, incident reports, internal facility communications, and prior complaints or violations. We also visit the nursing home when appropriate to inspect the conditions and speak with witnesses and staff.
Collecting and Preserving Evidence
We understand that physical evidence and timely documentation are critical in elder abuse cases. Our team works quickly to preserve surveillance footage, obtain relevant photographs, secure expert assessments, and prevent the destruction of crucial documentation. We may also issue formal legal requests or subpoenas to ensure full access to the records that the facility may not voluntarily provide.
Consulting Medical and Forensic Experts
Medical expert opinions are often essential to prove that injuries were caused by negligence, not age or pre-existing conditions. We retain geriatricians, wound care specialists, neurologists, or other appropriate experts to analyze the injuries and link them to lapses in care, such as dehydration, malnutrition, physical abuse, or bedsores from neglect.
Identifying the Liable Parties
Liability in nursing home negligence cases may rest with the facility itself, but it can also extend to third-party contractors, physicians, aides, or corporate ownership groups. We analyze employment arrangements, staff responsibilities, and corporate structures to ensure every responsible party is held accountable.
Calculating Damages and Future Needs
We evaluate not only the physical and emotional toll on your loved one but also the financial costs, including medical treatment, psychological care, and long-term effects. If wrongful death is involved, we assess damages such as loss of companionship, funeral costs, and financial support the deceased would have provided.
Pursuing Strategies for Settlement or Trial
Whether through aggressive settlement negotiations or litigation, our attorneys prepare a strong case backed by evidence and legal precedent. Insurance companies and nursing home operators know we are trial-ready, which may motivate them to offer more favorable settlements. If not, we are fully prepared to take the legal battle to court.
Choose Our Trusted Ohio Nursing Home Abuse Attorneys
If your loved one has been injured, neglected, or mistreated in a nursing home, they may be entitled to justice and financial recovery. At The Henry Law Firm, our Ohio nursing home abuse attorneys will thoroughly investigate facility violations, obtain regulatory records, and build a compelling legal case for damages.
We have the skills and resources to take on powerful nursing home facilities and large insurance companies. We are prepared to fight for maximum compensation for our clients. To schedule your free consultation, call us at 440-291-0937 or contact us online.
