Nursing Home Abuse Lawyer Cleveland OH
As a Cleveland, Ohio nursing home abuse lawyer, I can share with you that elder abuse and neglect are all too common in our state. The root cause of virtually all elder neglect and abuse is understaffing and poorly trained staff. The reason for this problem is simple: greed. Large for-profit corporations run many long-term care, rehabilitation, and skilled nursing facilities in the United States. To maximize profits, these corporations routinely fail to meet elderly patients’ needs. When your loved one suffers personal injury or wrongful death as a result of nursing home abuse or neglect, please call Mishkind Kulwicki Law Co., L.P.A., for advice.
Our nursing home abuse lawyer in Cleveland OH shares that nursing home negligence cases are similar to hospital negligence and medical malpractice cases, but there are some critical differences. In all healthcare negligence cases, three core elements have to be proven to prevail in a lawsuit: (1) negligence; (2) proximate cause; and (3) damages. Nursing home negligence is established by proving that one or more providers failed to comply with accepted standards of nursing home care. Examples would include failure to prevent pressure sores (also known as decubitus ulcers), failure to timely seek treatment when a medical emergency arises, failure to undertake appropriate fall precautions in patients who are at high risk for a fall, and medication errors. Cleveland OH nursing home abuse lawyers know that any abuse, such as striking, verbally assaulting, pinching, pushing, or otherwise physically or mentally punishing a resident, is far below any standard of human decency.
To prove “proximate cause,” a nursing home abuse lawyer must ask whether the injury or death was preventable with proper care. For example, when a post-surgery patient who is undergoing rehabilitation develops an infection, a negligent delay in diagnosis and treatment can lead to sepsis, septic shock, and death. If timely treatment with antibiotics would have prevented the progression of the infection, proximate cause is established.
Finally, your Cleveland, Ohio nursing home abuse lawyer must establish the harms and losses caused by the nursing home’s abuse, neglect, or negligence. Lawyers refer to harms and losses as “damages.” Some damages are apparent, such as personal injuries sustained from a fall like a fracture or head injury resulting in hemorrhage. All of the medical costs associated with the treatment of these injuries are recoverable, as is the pain, suffering, and mental anguish endured by the injury victim. Other damages are not as visible. Consider the example of a fall that our Cleveland OH nursing home abuse lawyer shares. Various medical studies have established that many elderly patients who sustain significant injuries from falling will pass away during the six months following the fall. It is crucial to obtain qualified medical expert testimony to determine whether a resident’s fall was a substantial contributing factor in their subsequent death.
There are also some crucial differences between nursing home negligence cases and hospital negligence or medical malpractice cases. For example, the State of Ohio has enacted statutes and regulations pertaining to the operation of nursing homes and residential care facilities. These laws dictate time limits for filing a lawsuit arising out of nursing home abuse or neglect, set standards of care for long-term care facilities, and enumerate what damages are recoverable. Cleveland OH nursing home abuse lawyers will tell you that punitive damages are a consideration in every lawsuit against a nursing home. Punitive damages are awarded by a jury in addition to compensatory damages to punish a nursing home that engages in egregious misconduct. For example, when a nursing home fraudulently misrepresented that it provides specialized care to residents with dementia in a dedicated Alzheimer’s unit, but in reality, the unit is frequently understaffed or staffed by the newest and least qualified employees, punitive damages may be recoverable.
If you have questions for a Cleveland, Ohio nursing home abuse lawyer, please give us a call. We are experienced, qualified, and caring. Mishkind Kulwicki Law Co., L.P.A., can answer all of your questions.
Elder Abuse vs. Neglect
Over 3.2 million Americans currently reside in nursing homes. Many of these residents require constant and trustworthy care to maintain their previous quality of life as their age increases and health declines. If you currently have a loved one in one of the 17,000 nursing homes across the country, our nursing home abuse lawyer in Cleveland OH knows that you want to ensure they are receiving safe and secure care. Yet, every day, more stories arise of elder abuse, financial exploitation, psychological torment and negligence within the nursing home halls. If you believe your loved one has been abused or neglected, there are steps you can take to keep them protected. First, you need to determine if the actions against your loved one are qualified as abuse or neglect. A nursing home abuse lawyer in Cleveland, OH can help.
The Center for Disease Control places nursing home abuse in the following categories:
- Emotional abuse
- Physical abuse
- Sexual abuse
- Financial abuse
Unfortunately, many victims of nursing home abuse are too frightened to report the crimes as they fear vindication from the abuser. Sometimes the signs of physical abuse can be visualized as many violent actions can cause bruising or lacerations. However, symptoms of other kinds of abuse are harder to prove. Your loved one may withdraw from affection or questions, asking to be left alone as much as possible. If you suspect that your loved one is suffering from elder abuse, ask tons of gentle questions, check all financial records, and encourage them to open up to you. Then contact a Cleveland, OH nursing home abuse lawyer.
Injuries Elder Abuse Causes
Physical abuse is going to be rough handling or violence which may or may not result in personal injury, physical discomfort or pain. Often times includes cooking, shoving or shaking, hitting, slapping, poking or pushing, and biting attention, and appropriate restraint, not providing appropriate Orangemen, failure to provide proper assistance, failure to provide appropriate protection regarding falls. Some of the most obvious signs of physical abuse are going to be unexplained bruises, broken bones, cuts, bumps and grip marks. Common injuries are sprains, dislocations, internal injuries, bedsores, signs of her state is marks on the restaurant angles, broken eyeglasses or dentures, signs of malnutrition such as unexplained weight loss, broken bones often the femur or the hip.
When it comes to distress, in order to force the effects on overall well-being, blood-pressure problems, breathing problems and panic attacks. So if you are caretaker of somebody who is elderly, or your lovely lives in a nursing home when you visit, keep an eye out for the various signs that may appear to indicate abuse.
Elderly people can be abused emotionally and psychologically. Oftentimes caretakers use tactics by intimidation, mental blaming, or humiliating the patient. If you are a caretaker of anyone in an extremely vulnerable place, then you have a unique and powerful position in your patient’s lives. It’s likely that your patient depends on you for a lot of things that they used to be able to do for themselves. And yes, of course they’re humiliated, it’s humiliating without having your input on it, so tearing your patient down only further cements that shame even though the fact they require extra care is not their fault. Oftentimes when nonverbal forms of emotional abuse such as neglect, isolation and terrorism is a center used it gets messed. Those who suffer this type of abuse are going to become withdrawn and are going to suffer from low self-esteem because somebody is constantly tearing them down. Here in this type of abuse situation may become