It can be hard to imagine a loved one being neglected or suffering abuse while in the care of an Ohio nursing home facility. Unfortunately, nursing home neglect and abuse happens every day, and causes many elderly people to suffer physically and emotionally. If a family member has been mistreated in a nursing home, you can file a civil claim against those responsible for negligently caring for your loved one. The purpose of a civil claim is to recover damages to cover medical expenses, pain and suffering, and other costs stemming from the abuse.
First, you will need report any instances of abuse or neglect to law enforcement or adult protective services, so that they can begin an investigation. An attorney can then help you gather evidence, question witnesses, and have an expert evaluate any medical reports received from the nursing home.
Next, if there is enough evidence against the nursing home, you and your attorney may decide to file a lawsuit against them for breach of contract, medical malpractice, or negligence, depending on the circumstances of your case. In many cases, your attorney can negotiate a fair settlement with the negligent parties, and you can avoid going to trial. However, in some cases, the parties involved will not be able to agree on a settlement, and will proceed to trial.
During the trial, you and your attorney will present evidence to show that your loved one was in fact abused and/or neglected, and suffered injuries caused by nursing home staffers. If your claim is successful, the jury will award damages to compensate your loved one and your family.
Federal laws and Ohio elder abuse laws have been enacted to protect nursing home residents from abuse and neglect. If these laws are violated, anyone responsible for the care of a nursing home resident could be held both criminally and civilly liable. You can discuss your legal options with an attorney in your area to find out more information.