Negligence in Nursing Homes

Ohio law provides that nursing home residents have a right to complain about any neglect or abuse that they experience while at a nursing home. Under common law, the standard of care in nursing homes is what a reasonably careful person would do under the same or similar circumstances.

The Ohio Nursing Home Bill of Rights provides additional protections that in certain cases go above and beyond what the common law might allow. You should speak with the Ohio nursing home abuse lawyers at Slater & Zurz LLP if you have any questions regarding your specific circumstances.

A nursing home (or its owner) can be held liable for negligence if the injured party can show that:

(1) the nursing home’s owner or its employees breached a duty of care that was owed to the injured person;

(2) the person’s injury was actually caused by such breach;

(3) the conduct of nursing home owner or his or her employee was what caused the injury.

In order to prove this, a person who decides to sue a nursing home may want to consider offering expert medical testimony about what are or are not proper practices in the industry, as well as the treatments or procedures that are typically used in a given situation. If the lack of care or skill by the nursing home is so obvious that the average person would realize it based on his or her own common knowledge and experience, medical testimony may not be necessary.

Ordinarily, nursing homes enter into contracts with their residents that set forth the services that the nursing homes will provide, as well as the price for those services. If the alleged abuse or neglect of the nursing home or its employees is in contradiction with the promises made in the contract regarding the care of residents, the nursing home can be sued under a breach of contract theory. Some contracts require only that the home give such services as are “reasonably necessary” for their resident’s well-being; however, even under this standard, the nursing home could be found negligent if it failed to fulfill the basic needs of the resident.

This is why it is important that you have an experienced Ohio nursing home abuse lawyer to help you every step of the way.

If you suspect negligence on the part of a nursing home or care facility anywhere in Ohio, please contact us for a FREE consultation by calling 1-800-297-9191 or send us a Blog Message to schedule a time to talk that is convenient for you.

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

, , , , , , , , , , , , , , , , ,

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.

View all posts by slaterzurz

Subscribe

Subscribe to our RSS feed and social profiles to receive updates.

No comments yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: