Typical Causes of Action Against Nursing Homes

nursing home negligence in OhioAs the population ages, more and more people will live in nursing homes and assisted living facilities. As the number of residents increases, so too does the potential for abuse, neglect, and other derelictions of duty.

If you or someone you know is being mistreated in a nursing home or other type of long term care facility, many legal remedies are available. The Ohio nursing home abuse lawyers at Slater & Zurz LLP can advise you about your particular situation. Some typical causes of action against nursing homes include the following:

Negligence. This includes:

  • Negligent personal supervision and care.
  • Negligent hiring and retention of employees.
  • Negligent maintenance of the premises.
  • Negligent selection or maintenance of equipment.

A nursing home can be held liable for negligence if:

  • The nursing home breached a duty of care owed to the injured person.
  • The person’s injury was caused by this breach.
  • The nursing home’s conduct caused the injury.

Breach of contract. A nursing home usually enters into a contract with a resident, in which it sets out what services it will provide and the cost of those services. If the abuse or neglect is contrary to promises made in the contract regarding resident care, the nursing home can be sued under a breach of contract theory.

Civil rights violations. Victims of abuse and neglect by government-run nursing facilities can bring a cause of action for violations of the victim’s civil rights. The violation is based on the fact that nursing homes are required to care for residents in a manner promoting quality of life, provide services and activities to maintain the highest practicable physical, mental and psychosocial well-being of residents, and conduct comprehensive assessments of their functional abilities.

Consumer protection violations. Consumer protection laws may provide a cause of action against nursing homes that financially exploit the elderly.

Licensing agency investigations. An agency investigation may provide immediate help and relief to the victim and prevent further harm by stripping the nursing home of its license to operate.

False Claims Act. False Claims Act lawsuits may be appropriate if nursing homes failed to provide the care for which they are reimbursed by the government.

Criminal culpability. Criminal prosecutions can be brought for murder, manslaughter, sexual assault, rape, assault and battery, theft, forgery, embezzlement, fraud, and other crimes.

If you or someone you love is being mistreated in a nursing home or assisted living facility anywhere in Ohio, Please contact the Ohio nursing home abuse lawyers Slater & Zurz by calling 1-800-297-9191 or sending a Blog Message to schedule a time to talk that is convenient for you.

To learn more about nursing home abuse in Ohio, please visit www.stopohionursinghomeabuse.com.

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About slaterzurz

Slater & Zurz LLP is an Ohio law firm of highly experienced and respected attorneys. Over the last 40 years, we have developed a reputation for getting positive results for clients. We've been trusted with handling over 20,000 personal injury cases and our clients have received more than $120,000,000.

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