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What is Nursing Home Negligence?
Nursing home negligence occurs when a resident is abused or neglected in a long-term care facility. In Ohio, O.R.C. §3712.13 governs residents' rights regarding nursing home services, such as the right to receive adequate and quality attention, appropriate medical treatment, and professional nursing care.
If a nursing home fails to administer appropriate and professional care, you or your loved one may be entitled to compensation
for negligence or abuse. Some potential signs of nursing home neglect and/or abuse are as follows:
- Decubitus ulcers (bed sores). This condition is usually caused by 1) not turning a
nursing home resident properly or often enough, or 2) poor hydration and/or malnutrition. While it is important to note that not all decubitus ulcers are due to neglect, if the resident did not have decubitus ulcers present upon admission to the home or if the wound(s) were obtained after admission, neglect may be the cause.
- Malnutrition/dehydration. These circumstances usually occur in residents who have a weight loss of more than 5% within a 30-day period of time. If the resident loses weight and the facility is not monitoring the weight loss or providing appropriate consults and/or interventions, the facility may be liable for the development of this occurrence. Malnutrition and dehydration are often underlying causes of the formation of bed sores.
- Neglect falls. Not all falls by a nursing home or skilled care
facility resident will give rise to a lawsuit or claim. However, our experience has proven that there is often a pattern of neglect whereby a resident has fallen several times prior to the "big fall" that causes a catastrophic injury or death. It is important to review the nursing home chart and care plan to see what, if anything, the facility did to prevent the additional falls from occurring after the facility had notice of a pattern of falls.
- Sexual assault/physical abuse. This situation occurs most often when a
skilled care facility resident has been assaulted by another resident or employee of the home. It is important to look at whether the facility had staffing problems and whether the staff knew or should have known of the dangerous propensity the other resident and/or employee had to commit such an act.
- "Wandering off" and dementia-related issues. Very often, nursing
home residents who have dementia or Alzheimer's are permitted to wander throughout their care-giving facility. Sometimes,
nursing home residents even exit the building or grounds and are harmed or injured. When this occurs, there is usually a systemic breakdown in accountability throughout the facility.
- Aspiration or aspiration pneumonia. Aspiration is an inflammation of the lungs and bronchial tubes. This usually is the result of choking on food, drink or vomit. Residents of long-term care facilities quite often have swallowing disorders known as dysphagia. If these problems are identified early in the care of a resident, the facility should be able to prevent choking from occurring with appropriate interventions. If not, aspiration usually results in the resident choking and it frequently results in death.
At Garson & Associates, our attorneys have personally and successfully litigated all of these case types, and more. We have utilized medical, nursing and nutritional experts from all over the country in pursuit of our clients' rights. Should you or someone you know have been subjected to nursing home neglect, contact us
at (800) 747-9330 for assistance and a free consultation.
614 W. Superior Avenue Suite 1600 Cleveland, OH 44113 TEL: 216.696.9330
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