When a loved one enters a nursing home, families trust that they will receive proper care, dignity, and respect. The reality, however, is that abuse and neglect occur far too often in these facilities, leaving vulnerable residents suffering in silence. At Cowan & Hilgeman, we have witnessed firsthand the devastating consequences when nursing homes fail to meet their duty of care. We know the heartbreak families experience when they discover their loved one has been harmed, and we are committed to holding negligent facilities accountable for the pain they have caused.
Nursing Home Negligence Attorney Dayton OH
Nursing home neglect occurs when facilities fail to provide residents with adequate care, medical attention, nutrition, hygiene, or supervision. This can include medication errors, bedsores from prolonged immobility, dehydration, malnutrition, falls due to lack of supervision, and untreated medical conditions. Physical abuse, emotional abuse, financial exploitation, and sexual abuse also occur in some facilities, though they are distinct from neglect. The consequences of these failures can be severe, ranging from infections and preventable injuries to wrongful death.
Families often struggle to identify neglect because they want to believe their loved one is in good hands. Warning signs include unexplained injuries, sudden weight loss, poor hygiene, withdrawal from activities, fear of certain staff members, and changes in behavior or mood. Bedsores, also called pressure ulcers, are one of the most common indicators of neglect, as they develop when immobile residents are not turned and repositioned regularly. Dehydration and malnutrition are equally preventable conditions that point to inadequate staffing or inattentive care.
When families discover that a nursing home has failed their loved one, they often feel guilt, anger, and confusion about what steps to take next. Legal action can provide accountability, compensation for medical expenses and suffering, and motivation for facilities to improve their practices. Ohio law allows families to pursue claims for negligence, wrongful death, and violations of residents' rights when facilities fail to meet established standards of care.
Why Experience In Nursing Home Negligence Cases Matters
Pursuing a claim against a nursing home requires detailed knowledge of both healthcare regulations and personal injury law. We have built our practice on holding negligent parties accountable and fighting for those who cannot fight for themselves. Our approach involves thorough investigation, collaboration with medical professionals, and aggressive advocacy to secure the compensation families deserve. Here's what sets our firm apart:
- Proven Track Record: We have successfully recovered millions of dollars for clients across various personal injury cases, demonstrating our ability to handle complex litigation against well-funded defendants.
- Client-Centered Approach: We limit our caseload to provide personalized attention to each family, keeping you informed throughout the legal process and ensuring your concerns are heard and addressed.
- No Upfront Costs: We work on a contingency fee basis, meaning you pay nothing unless we win your case, removing financial barriers to pursuing justice for your loved one.
- Comprehensive Investigation: We work with medical professionals, review facility records, interview staff and witnesses, and gather evidence to build a compelling case that demonstrates how the facility failed in its duty of care.
Types Of Nursing Home Negligence Cases We Handle
Elderly residents in long-term care facilities are particularly vulnerable to mistreatment because many cannot advocate for themselves or communicate problems to family members. We handle various types of nursing home negligence cases, seeking accountability and compensation for residents who have been harmed.
- Bedsores and Pressure Ulcers: Bedsores develop when immobile residents remain in one position for too long without staff turning or repositioning them. These painful wounds can progress from minor skin irritation to life-threatening infections that reach bone and muscle tissue.
- Falls and Injury Prevention Failures: Nursing homes must assess fall risks and implement appropriate safety measures like bed rails, non-slip flooring, and adequate supervision. When facilities fail to take these precautions, residents suffer broken hips, head injuries, and other serious trauma from preventable falls.
- Medication Errors: Administering wrong medications, incorrect dosages, or failing to give prescribed drugs on schedule can have devastating consequences for elderly residents. These mistakes may result from inadequate staff training, poor record-keeping, or simple carelessness.
- Malnutrition and Dehydration: Residents who cannot feed themselves require staff assistance at mealtimes. When facilities lack sufficient staff or fail to monitor food and fluid intake, residents can become malnourished or dehydrated, leading to serious health complications.
- Physical Abuse: Some staff members physically harm residents through hitting, pushing, rough handling, or inappropriate use of restraints. These intentional acts of violence violate both criminal law and the duty of care facilities owe their residents.
- Emotional and Psychological Abuse: Verbal abuse, threats, isolation, and humiliation cause significant psychological harm to elderly residents. This type of mistreatment can be harder to detect but leaves lasting emotional scars and can worsen conditions like dementia.
- Sexual Abuse: Vulnerable elderly residents sometimes suffer sexual assault or harassment from staff members or other residents. Facilities must maintain adequate supervision and respond immediately to any reports or signs of sexual misconduct.
- Inadequate Medical Care: Nursing home residents often have multiple chronic conditions requiring ongoing medical attention. Failure to provide necessary treatments, ignoring symptoms of illness, or delaying medical intervention can result in preventable suffering and death.
- Unsafe or Unsanitary Conditions: Facilities must maintain clean, safe environments for residents. Pest infestations, inadequate temperature control, dirty linens, and poor infection control practices create hazardous living conditions that can cause illness and injury.
- Wandering and Elopement: Residents with dementia or cognitive impairment may wander away from facilities, putting themselves in danger. Nursing homes must have appropriate security measures and supervision protocols to prevent residents from leaving unsupervised.
- Wrongful Death: The most tragic outcome of nursing home negligence is when preventable mistakes or abuse lead to a resident's death. Families may pursue wrongful death claims against facilities whose negligence caused their loved one's passing.
Ohio law provides important protections for nursing home residents and gives families legal recourse when facilities fail to meet required standards of care. However, gathering evidence in these cases can be challenging because facilities often control access to medical records, staff schedules, and incident reports. We work diligently to obtain all relevant documentation and testimony to build strong cases on behalf of our clients.
Compensation in nursing home negligence cases may include medical expenses for treating injuries caused by neglect, pain and suffering, emotional distress, and in cases involving particularly egregious conduct, punitive damages meant to punish the facility and deter future misconduct.
Four Indicators Of Nursing Home Negligence
As a trusted Dayton, OH nursing home negligence lawyer knows, choosing the right nursing home for your loved one can be a difficult decision to make. However, there are unfortunate cases where nursing home residents suffer from neglect or abuse. If you suspect your loved one may be a victim of nursing home negligence, it's crucial to recognize the signs and take appropriate action. In this listicle, we'll explore four key signs that may indicate you have a nursing home negligence case.
Unexplained Physical Injuries:
One of the most alarming signs of nursing home negligence is the presence of unexplained physical injuries on your loved one's body. These injuries can range from bruises, cuts, or fractures to more severe wounds such as bedsores or malnutrition. It's important to investigate the cause of these injuries, as they may be the result of neglectful behavior by nursing home staff, inadequate supervision, or even intentional abuse. Document any and all recurring injuries that you see, photograph them, and include detailed descriptions. If you suspect neglect or abuse, Cowan & Hilgeman can help you understand your legal options and protect your loved one’s rights.
Frequent Medication Errors:
Proper medication management is crucial for residents in nursing homes, many of whom rely on medication to maintain their health and well-being. If you notice frequent medication errors, such as missed doses, incorrect dosages, or administering the wrong medication altogether, it could be a sign of negligence on the part of the nursing home staff. Medication errors can have severe consequences and may indicate a lack of proper training, oversight, or attention to residents' individual needs. Keep a detailed record of medication errors and contact a Dayton nursing home negligence attorney if you have any questions.
Poor Personal Hygiene and Sanitation:
All residents in a nursing home have the right to receive help with personal hygiene like showering and using the bathroom. Negligent nursing homes may fail to meet these basic needs, resulting in poor personal hygiene and unsanitary living conditions. Pay attention to signs such as unwashed hair, soiled clothing or bed linens, strong odors, or unclean living spaces. Neglecting personal hygiene not only affects a resident's physical health but can also lead to feelings of embarrassment, shame, and a decline in overall well-being.
Emotional and Behavioral Changes:
Nursing home neglect can take a toll on residents' emotional and mental well-being. If your loved one exhibits sudden changes in behavior or displays signs of emotional distress, it could be an indication of negligence. Look out for symptoms such as depression, anxiety, withdrawal from social activities, agitation, or unexplained mood swings. These changes may result from neglectful or abusive treatment, lack of emotional support, or isolation. It is critical to record these changes and contact a professional if you need assistance for your loved one.
Recognizing the signs of nursing home negligence is crucial to protect the well-being of your loved ones. Unexplained physical injuries, frequent medication errors, poor personal hygiene, and emotional and behavioral changes are all potential red flags that may indicate a nursing home negligence case. If you suspect any of these signs, consult with a legal professional experienced in elder abuse and negligence cases.
Our Dayton Nursing Home Negligence lawyer team recognizes the emotional difficulty these cases present for families. You entrusted a facility with your loved one's care, and they betrayed that trust through negligence or abuse. We handle the legal aspects of your case while you focus on your family member's health and wellbeing.
Dayton Nursing Home Negligence FAQ
You entrusted your loved one's care to professionals who promised safety, comfort, and dignity. Instead, you discovered bedsores, unexplained injuries, weight loss, or signs of emotional distress. Nursing home residents are among the most vulnerable members of our society, and when facilities fail to provide adequate care, the consequences can be devastating. Understaffing, inadequate training, poor supervision, and corporate cost-cutting often lead to serious harm that could have been prevented. At Cowan & Hilgeman, we stand up for seniors who cannot advocate for themselves, holding negligent facilities accountable and fighting to secure justice and compensation for victims of substandard care.
What Forms Of Mistreatment Occur In Care Facilities?
Nursing home negligence takes many forms, all stemming from failures to provide appropriate care. Physical neglect happens when staff don't help residents with eating, bathing, toileting, or mobility, leading to malnutrition, dehydration, infections, and muscle atrophy. Medical neglect occurs when facilities fail to administer medications properly, monitor chronic conditions, or seek timely medical treatment for residents. Bedsores, also called pressure ulcers, develop when immobile residents aren't repositioned regularly and indicate serious neglect. Falls result from inadequate supervision, unsafe environments, or failure to assist residents with mobility limitations. Medication errors including wrong dosages, missed medications, or dangerous drug interactions cause significant harm. Emotional and psychological abuse involves verbal threats, humiliation, isolation, or intimidation that damages mental health.
What Warning Signs Indicate Substandard Care?
Family members should watch for multiple indicators that their loved one isn't receiving proper care. Physical signs include unexplained bruises, cuts, burns, fractures, or bedsores at various stages of healing. Sudden weight loss, dehydration, poor hygiene, soiled clothing, or strong odors suggest basic needs aren't being met. Behavioral changes like withdrawal, fearfulness, agitation, depression, or reluctance to talk around staff members can indicate abuse or neglect. Environmental red flags include understaffing, high employee turnover, unsanitary conditions, strong urine or fecal odors, residents left unattended for long periods, or lack of activities. Medication issues such as oversedation, confusion, or missing prescriptions warrant investigation. A Dayton Nursing Home Negligence lawyer can help families recognize these signs and take appropriate legal action.
Who Bears Responsibility When Facilities Provide Inadequate Care?
Multiple parties may be liable for nursing home negligence. The facility itself faces direct liability for inadequate staffing levels, failure to train employees properly, poor policies and procedures, or unsafe physical conditions. Individual staff members including nurses, aides, and administrators can be personally responsible for their negligent actions or failures to act. Corporate owners and management companies may be liable for prioritizing profits over resident safety, understaffing to cut costs, or failing to provide adequate resources. Medical professionals who miss signs of abuse or neglect during examinations could share responsibility. Third-party contractors providing services like food, medication management, or therapy may also bear liability. We investigate all potential defendants to hold every responsible party accountable.
How Do We Prove Negligence Occurred At These Facilities?
Building a strong nursing home negligence case requires thorough documentation and investigation. Medical records reveal the progression of injuries, missed treatments, medication errors, and facility responses to health issues. Facility records including care plans, incident reports, staffing logs, and inspection reports show whether the home met care standards. Photographs document injuries, facility conditions, and evidence of neglect. Witness testimony from other residents, visiting family members, and former employees provides crucial insights into daily operations and care practices. State inspection reports and violation citations reveal patterns of problems. Medical professionals review records to establish whether injuries resulted from substandard care. We may also examine corporate financial records to show understaffing decisions driven by profit motives rather than resident needs.
Why Do Facilities Fight These Claims So Aggressively?
Nursing homes have strong financial incentives to dispute negligence claims. Successful lawsuits result in substantial damage awards that hurt profitability and can trigger increased insurance premiums. Negative publicity from abuse and neglect cases damages reputations, making it harder to attract new residents and maintain occupancy rates. Findings of negligence can prompt state investigations, license suspensions, or facility closures. Corporate owners worry about setting precedents that encourage additional lawsuits. Defense strategies include blaming injuries on the resident's pre-existing conditions, arguing falls and health declines are inevitable in elderly populations, disputing that staff knew about problems, or claiming they responded appropriately to issues. We counter these tactics with compelling evidence showing the facility breached its duty of care and directly caused harm to your loved one.
Nursing home negligence cases involve strict deadlines, technical medical evidence, and facilities with legal teams ready to defend against claims. Families often feel guilty about pursuing legal action, but holding negligent facilities accountable protects other vulnerable residents from suffering similar harm. We handle every aspect of your case with sensitivity and determination, working to secure compensation for medical expenses, pain and suffering, and other damages while fighting for changes that improve care standards. If your loved one has suffered harm in a nursing home or assisted living facility, contact our office today to discuss your concerns and learn how we can help pursue justice and accountability on behalf of your family member.
Contact Us Today!
If you suspect your family member has suffered due to neglect or abuse in a nursing home, you do not have to face this situation alone. Ohio law provides families with legal remedies to hold facilities accountable and secure compensation for medical expenses, pain and suffering, and wrongful death when applicable. Acting quickly is important, as evidence can disappear and memories fade over time. Contact us today for a free consultation with a Dayton Nursing Home Negligence Attorney to discuss your situation and learn about your legal options. We are ready to stand beside you and fight for the justice your loved one deserves.
