Nursing homes care for some of society’s most vulnerable people. Placing a relative in such a facility is a difficult decision that loving families make when they cannot provide adequate or appropriate care. They rely on the facility to treat the resident with respect and provide all necessary care.
Nursing homes have the moral and legal responsibility to ensure their residents’ comfort and safety and provide appropriate medical treatment. If you are concerned that a facility is abusing or neglecting someone you love, consult with a compassionate attorney at O’Connor, Acciani & Levy. A Dayton nursing home abuse lawyer at our firm could advise on protecting your loved one and holding the facility accountable.
Signs of Neglect and Abuse in an Assisted Living Facility
Sadly, many nursing homes cut costs by hiring under-trained staff, providing them inadequate supervision, and requiring them to work too many hours. These situations often lead to residents receiving poor care.
Family members of nursing home residents should be vigilant about looking for signs of neglect and abuse. Some of the indicators include:
- Mood or personality changes
- Repeated or unexplained falls
- Pressure ulcers
- Sudden, unexplained weight loss or gain
- Clear lack of attention such as poor patient hygiene, dirty surroundings, or patients wandering without supervision
Someone who suspects neglect or abuse in a Dayton nursing facility should contact an
experienced attorney immediately.
Laws Protecting Dayton Nursing Home Residents
The
Ohio Revised Code §3721.13 establishes the rights of nursing home residents. The list is quite comprehensive and covers the nursing home’s obligation to treat patients with courtesy and respect. It gives the patient the right to participate in medical decision-making to the extent they can and choose their medical provider and treatment plan.
The bill of rights requires that the patient and their environment be clean and sanitary, and that the patient have as much physical and mental autonomy as is possible given their condition. Nursing home patients retain the right to make certain lifestyle choices: they may consume reasonable amounts of alcohol and tobacco at their own expense, shut the door to their room and require staff to knock before entering (except in an emergency), manage their own finances, and be informed about changes in roommates.
Importantly, the bill of rights gives nursing patients the right to live free from exploitation or abuse. It also requires the facility to provide personnel and medical care appropriate to the patient’s needs. If a patient or a loved one feels that they are not receiving care in accordance with their rights, it is advisable to consult a nearby attorney to discuss remedial measures.
Legal Options for Nursing Facility Mistreatment
There are many steps a patient or loved one could take if they suspect abuse. A seasoned nursing home neglect attorney could explain the options and offer advice about the best steps to take in protecting a patient from further harm.
When the concern is a relatively minor violation of rules, filing a grievance with the facility’s ombudsman or Administrator could be sufficient. If physical neglect or emotional abuse is the issue, bringing a negligence action might be a better option.
Proving a negligence claim requires the patient or their legal representative to show that the nursing home violated the standard of care and the patient suffered actual harm because of it. If they can prove negligence, the patient could receive reimbursement for their medical care, as well as payments for their physical pain and suffering, emotional anguish, and other losses they suffered.
Dealing with suspected nursing home neglect or abuse can be devastating for a family. Seeking help and advice from a knowledgeable professional could provide reassurance that you are doing everything you can to protect your loved one.
At O’Connor, Acciani & Levy, a Dayton nursing home abuse lawyer can offer practical advice that leads to improvement in the treatment your loved one receives. We can also assist in holding the facility accountable and seeking justice for the harm done.
Call and schedule a consultation as soon as possible if you suspect your loved one is being neglected or mistreated.
