Placing a parent or sibling in a nursing home or long- term care facility is a difficult decision that we all have to eventually deal with. We all believe that when it comes time to make that decision, we can expect that our family will receive not only appropriate care, but will not suffer from abuse or neglect. It is paramount that our family will receive optimum care and will not be subjected to abuse or be neglected.

In fact, under O.R.C. 3721.10, et seq,  known as the Ohio Nursing Home Resident Bill of Rights, your family is protected. This statute creates a mechanism for enforcement of broad categories of nursing homes’ and skilled care facilities’ duties. In essence, it protects the residents of these facilities from abuse and negligence. The Bill of Rights obligates the facility itself to protect the rights of the residents. These rights are in the statute and include but are not limited to:

• the right to a safe environment;
• the right to be safe from abuse;
• the right to live in a clean environment;
• the right to receive adequate and appropriate medical treatment and nursing care; and
• have all reasonable requests and inquiries responded to promptly.

These are just a few of the rights as the statute lists a total of twenty-eight. The statute not only allows the state to take enforcement action but also provides a private right of action. The statute also allows the grieved resident to seek not only injunctive relief but also receive compensatory and punitive damages. In addition, under federal law certain services, standards, and level of care for nursing homes are in place to protect residents. The primary goal is to insure that nursing home residents maintain or attain the highest  mental, physical, and psychosocial well being.These standards are accomplished with a plan of care which is tailored to each resident. These federal laws incorporate and implement inspections, satisfactory operational and staffing requirements, and a mechanism for complaint investigation which will ensure that the residents are receiving adequate care. The main federal policy outlining federal nursing home law was first outlined in 1987 by the U.S. Congress. The statute was titled The  Nursing Home Reform Act. It created guidelines for long-term health care nursing homes that receive federal Medicaid and Medicare Funding. The statute covers several aspects of nursing home care from residents rights to staffing and operational requirements. Under these laws, the health and well-being of residents may not decline unless medically unavoidable. Like Ohio Bill of Rights, the federal law also includes similar resident rights. In general, the resident must receive adequate nutrition, personal hygiene, mental and emotional support, and social involvement. If incapable of daily living, activities such as grooming and using the restroom are entitled to personalized care from the nursing staff. Violation can preclude continued reimbursement in Medicaid or Medicare benefits.

• Funding of nursing homes and other senior centers;
• Community planning and social services;
• Research and development projects;
• Personnel training regarding age;
• Protection activities for vulnerable elder rights;
• Meals and job training for older Americans.

Once a claim occurs, the family of the resident must act quickly. Although the family is  limited in bringing the action(it must be filed by the resident),  there are strict time limits for the filing of the lawsuit. Under Ohio law, these claims are treated as medical malpractice. As such, they are governed by a one year statute of limitations.That means you must file a lawsuit within one year or be forever barred from pursuing the claim.The claim can be extended by one hundred and eighty days through a certified letter sent to all target Defendants. Generally federal law defers to the state law for the filing of these cases. The following are  potential abuse and neglect cases within the facility:

• Negligent hiring of staff by the facility;
• Negligent supervision of staff;
• Negligent training;
• Understaffing;
• Failing to monitor a resident;
• Failing to seek prompt medical care or treatment;
• Failing to provide adequate food and liquids;
• Over restraining;
• Overmedicating;
• Medication error;
• Intentional or mental abuse;
• Financial abuse;
• Sexual abuse or assault;
• Theft;
• Fall injuries;
• Significant weight loss.

• Bedsores known as decubitus ulcers;
• Malnutrition or dehydration;
• Fractures or broken bones from falls;
• Infections;
• Unexplained bruises, cuts, or burns;
• Wrongful death.