Assisted Living Negligence Lawyers in Ohio
Assisted living facilities differ greatly from the clinical care one would receive in a nursing home. Assisted living is often a viable option for seniors in need of assistance with daily activities but who do not require round-the-clock medical attention. Assisted living facilities are not subject to the same regulations as nursing homes. Abuse and negligence can happen in assisted living facilities, but the lack of public and government scrutiny compared to nursing homes can possibly lead the abuse to fall under the radar.
Assisted living neglect and abuse can be physical, psychological, sexual or financial.
Are You Concerned About Assisted Living Abuse?
Legal Obligations of Ohio Assisted Living Facilities
Currently, there are more than 800,000 Americans residing in assisted living. Although assisted living centers offer independence to their residents, they are still legally bound to provide certain services according to a contract with the resident. In Ohio, assisted living facilities’ services can include supervision and personal care, activities, assistance with self-administration of medication, medication administration and part-time/intermittent skilled nursing services. Some of the more specific requirements include:
The assisted living facility must provide residents or their representatives with a copy of the written residential agreement including explanations of all financial charges and scope of care.
Generally, assisted living facilities require that a resident health assessment be completed on or before admission.
If an assisted living resident requires help with medications, medications must be administered by persons authorized by law to do so, including registered nurses, licensed practical nurses or certified medication aides. Trained non-licensed staff may assist with self-administration when the resident is mentally alert. Medications may also be administered by the staff of the resident’s third-party provider.
Assisted living facilities also have staffing and training requirements. They are responsible for using background checks when hiring qualified people, followed by thorough training. In 2018, Ohio updated its rules adding stricter guidelines on who they hire. If a facility does not do their due diligence in the hiring process and a staff member causes you harm, they can be found liable for those injuries. A full list of Ohio’s assisted living policies can be found here.
If you or a loved one have been harmed due to a failure of the facility to provide the care listed above, you may have an assisted living negligence case and be able to sue.
Want To Speak To An Assisted Living Lawyer?
Signs of Elder Abuse and Neglect
The signs of neglect or abuse in an assisted living facility can be subtle or easily hidden. Some of the signs to look for are
- Bruises, burns, cuts
- Poor hygiene
- Unsanitary living conditions
- Change in emotion health such as depression, decline of alertness
- Weight loss
- Withdrawal from normal activities
- Change in finances
- Reluctance to speak about the situation
What Constitutes Assisted Living Negligence?
Negligence is the failure to use reasonable care, resulting in damage or injury to another. There are typically two types of negligence that can occur in an assisted living facility:
1. Standard negligence
Standard negligence would include an injury occurring on the facility due to poor maintenance such as a resident falling on an icy walkway. Cases of general negligence are not always this obvious. Accidents happen but the injury has to be due to the failed effort of the staff. For instance, if an injury happened inside a resident’s apartment, this could depend upon the legal contract they have with the facility. It’s difficult to make broad claims about negligence, so it’s important to consult with an attorney.
2. Medical negligence
This type of negligence occurs at the fault of the healthcare provider. One example of medical negligence in an assisted living facility would be if a resident has a contract with the facility for medication administration and a staff member administered the wrong dose to a resident resulting in injury or suffering. Again, it’s important to consult with an attorney if you are suspicious of negligence. Every case is unique.
Negligence cases can also be constituted if your assisted living facility failed to fulfill the duties agreed to in your contract that has resulted in injury or harm.
Do You Suspect A Loved One Has Suffered From Assisted Living Neglect in Ohio?
In Ohio, assisted living centers are responsible for protecting the health and well-being of its residents. Establishing liability in assisted living negligence or malpractice can become very complex. Since the state’s regulations can be ambiguous, this leaves some standards open to interpretation.
If you or your family member have been the victim of neglect at the hands of an assisted living center, call Clark, Perdue & List today. The assisted living negligence attorneys at Clark, Perdue, & List have extensive experience handling Ohio negligence and malpractice claims. With a proven track record, our attorneys can work with you to hold these facilities accountable and get the justice you deserve.
Elder Abuse Statistics
- Approximately 1 in 10 Americans aged 60+ have experienced some form of abuse.
- Elders who experience abuse had a 300% higher risk of death when compared to those who had not been abused.
- Financial abuse costs older Americans over $2.6 billion dollars annually.
- According to the National Ombudsman Reporting System data, in 2014, 14,258 of 188,599 complaints reported of the Ombudsman programs involved abuse, gross neglect or exploitation.
Clark, Perdue & List
Clark, Perdue & List Co, LPA, is experienced in handling claims of assisted living and nursing home neglect & abuse. Contact one of our experienced Ohio assisted living attorneys if you suspect that a family member may have experienced malpractice at an Ohio nursing home.
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