NURSING HOME ABUSE AND NEGLECT

Placing your husband, wife, mother, father, or other loved one in the professional care of a nursing home facility should be a comforting and reassuring feeling. Naturally, you expect they will receive the level of attention, care, and respect they not only need, but deserve. Unfortunately, there are too many occasions when that trust and confidence is violated by a nursing home facility. 

Attorney Ethan Vessels handles nursing home abuse and neglect cases in Ohio and West Viriginia. He has thorough knowledge of federal and state nursing home laws and regulations, as well as the experience and resources needed to handle this type of complex litigation. Please contact him for a free, no obligation consultation by calling 740-374-5346 or request a consultation now. 



The Care and Rights Nursing Home Residents Should Receive

In both Ohio and West Virginia, there are laws and regulations in place to ensure proper care and protect nursing home residents. These laws and regulations set forth certain rights, including, but not limited to, the following:

• Nursing home residents are entitled to a safe and clean living environment, and to adequate and appropriate medical care and treatment.

• Nursing home residents have the right to be free from physical, verbal, mental, and emotional abuse and to be treated with courtesy, respect, dignity, and individuality.

• Unless a nursing home resident has been legally deemed incompetent, they are entitled to all their civil rights.

• Residents of nursing homes have the right to comfort and sanitation, and to have all reasonable requests and inquiries responded to promptly.

• Within certain limits, nursing home residents have the right to a doctor of their choice, and to withhold payment from any doctor that may charge the patient for care administered without visiting the patient.

• Nursing home residents have the right to be consulted about and to participate in all care plans that the nursing home will provide to them.

• If there is any significant change in health status, it must be promptly reported to the nursing home resident’s family member or sponsor.

• Nursing home residents are entitled to privacy, including during medical examinations.

• Physical or chemical restraints may only be used for short periods of time or in an emergency. Any such restraint lasting more than twelve hours must be ordered by a physician.

• A nursing home resident has the right to wake up and go to sleep at any time, provided other patients are not being disturbed.

• Unless there is a documented legal reason, each nursing home resident has the right to unrestricted and private communication with family members, social workers, and anyone else. These communications include visits at any hour, mail, email, and telephone privacy, private spousal visits (a shared room if both are residents), and the right to “knock before entering” if the door is closed.

• Financially, a nursing home resident has the right to be free from financial exploitation, and to have all rates and costs explained. The resident has the right to an individual financial life, and to financial records that are kept by the nursing home.

• Subject to certain exceptions, a nursing home resident cannot be transferred without their permission.

• Nursing home residents have the right to voice grievances to anyone, including a patient’s rights advocate.

When a nursing home facility fails to deliver the standard of care required by laws and regulations, a resident may suffer abuse or neglect. 



Types of Nursing Home Abuse and Neglect

There are different types of abusive and negligent treatment a nursing home resident may fall victim to including:

• Physical Abuse - Unexplained bruises, cuts, or injuries, frequent falls, broken bones, or restraint marks.

• Verbal Abuse - Humiliation, intimidation, threats, or disrespectful language towards the resident.

• Emotional Abuse - Unusual changes in behavior, withdrawal, depression, fear, or agitation.

• Sexual Abuse - Unexplained sexually transmitted infections, bruises around the genital area, or other signs of sexual trauma.

• Financial Exploitation - Missing personal belongings, unauthorized withdrawals from bank accounts, changes in wills or financial documents.

• Neglect - Poor hygiene, malnutrition, dehydration, untreated medical conditions, pressure ulcers (bedsores), or unsanitary living conditions.
  

Signs of Nursing Home Abuse and Neglect

Many times, the deficiencies in nursing home care are obvious, but other times they can be subtle. Common signs that abuse or neglect is taking place include: 

• Unexplained or unexpected death.

• Erroneous administering of prescription drugs and medications.

• Bedsores (also known as Pressure sores).

• Poor hygiene or foul odors.

• Falling.

• Bruises or cuts.

• Broken or fractured bones.

• Sudden or significant weight loss.

• Skin rashes or tears.

• Dehydration.

• Disorientation.

• Anxiety, Fear or Depression.

• Reluctance or refusal to communicate.

• Unnecessary use of physical or chemical restraints.

No one knows your loved one better than you. You will likely be the first to notice the signs and sense something is wrong. If questions or concerns have begun to form in your mind, you owe it to yourself and your loved one to get help, find answers, and stop the abuse so it doesn’t happen again.  



Nursing Home Abuse Cases Are Often Referred to Ethan Vessels 

Nursing home care is big business, and they are often involved in lawsuits. Some of these facilities are sued by federal or state agencies while other lawsuits are filed by family or friends who suspect abuse or negligence has taken place. These types of cases can be extremely difficult and require significant resources to successfully litigate. In addition, nursing homes usually have very skilled attorneys representing them and their business interests.

Due to the complexities of a nursing home abuse and negligence case and the resources required to try them, individuals and families wishing to act against a nursing home facility in Ohio or West Virginia frequently turn to Ethan Vessels for help. He has the rare combination of specialized knowledge, skills, experience, and resources to handle these types of cases. When he accepts nursing home abuse and negligence cases, he typically works on a contingent fee basis, which means there is no fee for his legal services until and unless a settlement or verdict is reached.  

If you suspect a family member or other loved one is the victim of nursing home abuse or neglect, please contact Ethan Vessels for a free, no obligation consultation to discuss the details of your case, get your questions answered, and the professional legal advice you’ll need to decide on what actions you can or should take.