Sending your loved ones to a nursing home can be a good option for their assistance and care. You are trusting the staff of doctors and other professionals to protect and help your loved ones. Unfortunately, this is not always the case.
When abuse happens, it can go unreported out of fear of retaliation, as well. Therefore, if your loved one has suffered injuries or has died because of nursing home abuse, a Cleveland nursing home abuse lawyer may be able to help you receive compensation for your injuries and losses.
Contact the offices of Ben Crump Law, PLLC, at (800) 712-9119 today for a free case evaluation. We can walk you through the laws you should know to help you with your claim.
Who Is Liable in a Nursing Home Abuse Case in Cleveland?
Nursing home abuse liability falls on the person who caused the abuse or neglect, as well as the facility or its owner.
Nursing homes have the duty of care to uphold the Ohio Revised Code § 3721.13, which states that in a nursing home, all residents have the right to live in a clean and safe environment whose conditions meet the Medicare and Medicaid guidelines and other relevant state laws. Residents also have the right to be treated respectfully, courteously, and with dignity and to live without abuse whether it is physical, emotional, or verbal.
To prove the liability of negligence in these cases, you must show:
- A breach of duty of care by the facility’s owner or an employee.
- Either conduct caused the abuse, neglect, or death of the victim.
- The breach of duty of care is what actually caused the suffering.
What defines abuse according to Ohio Revised Code § 3701-64 includes:
- Mental abuse – this can be either physical or verbal and is “knowingly or recklessly causing psychological harm to a resident”
- Physical abuse – “causing physical harm or recklessly causing serious physical harm to a resident” by physical contact, or chemical and/or physical restraint.
- Sexual abuse – any sexual conduct or contact with a resident
For a free legal consultation with a nursing home abuse lawyer serving Cleveland, call (800) 712-9119
What Happens if I File a Nursing Home Abuse Complaint in Cleveland?
Under the Ohio Department of Health (ODH), there are three ways you can file a nursing home abuse complaint:
- Call the complaint hotline at (800) 712-9119
- Fill out the COMPLAINT FORM (HEA 1685) online
- E-mail your complaint to [email protected]
The ODH investigates nursing home abuse complaints. Once you file the complaint, you will receive two letters:
- An acknowledgment letter with a tracking number so you can stay updated on the process of your complaint.
- A notification letter sent by the ODH District office on the outcome of the complaint.
If you choose to remain anonymous by not providing your personal data, then you do not receive either of these letters. The ODH follows strict confidentiality regulations to protect those involved. If the ODH feels the claim is severe and your loved one is in immediate danger, they can refer your complaint to whom they feel necessary, including:
- Centers for Medicare & Medicaid Services (CMS)
- Attorney General’s Office
- Inspector General
- Ohio Nursing Board
You can also reach out to the ODH Department of Aging to receive the assistance of an ombudsman. An ombudsman works as a liaison between you, your care provider, and any other representatives to help resolve any quality of service issues you may have.
Cleveland Nursing Home Abuse Lawyer Near Me (800) 712-9119
How Long a Nursing Home Abuse Investigation Takes in Cleveland
After assigning your case, a surveyor will collect further data on the facility and workers involved before conducting an on-site investigation.
These investigation times are at the investigator’s discretion and can take from thirty days to three months to complete.
Vital information to add to your complaint to help aid the process is:
- Your name, address, and telephone number
- All names of those involved (witnesses, abuser, abused)
- In-depth details of your complaint
- Date and time of incident/incidents
- All other courses of action taken
- Address and telephone number of the facility
- Your attorney’s contact information
Do not wait to file a complaint. The ODH may not investigate a case that happened more than a year prior to a complaint. You can find other complaints and gather information about the nursing home facility to help build your case.
Taking Time to Recover
When you are suffering, taking on these types of cases can add to your pain and suffering. We can support your case through viewing each detail with clarity and determining how each piece of evidence works toward compensation.
Call the offices of Ben Crump, PLLC today. We will examine your case for free, no matter how complex. We do not shy away from tough cases, and we will not take payment until you win your settlement.
Complete a Free Case Evaluation form now
Statute of Limitations on Cleveland Nursing Home Abuse Claims
This is the time frame you have from when the negligence occurred, or becomes evident, to file your claim. In Ohio, you have two years to file a personal injury claim as well as a wrongful death claim, under Ohio Revised Code § 2305.10.
Contact a Cleveland Nursing Home Abuse Lawyer’s Office Today
Hiring a Cleveland nursing home abuse lawyer to assist with receiving justice for these injuries and losses may prove to be the support you need to examine the magnitude of a case clearly. Furthermore, if your case involves intentional harm, you may have to take it to trial, and we can help you through that process.
Call the offices of Ben Crump, PLLC, today so we can get started on gathering the evidence you need to prove your case. You and your loved ones deserve to be safe, and we can help protect your rights.