Placing a loved one in a nursing home is challenging, but finding out that they have suffered abuse or neglect by those who are supposed to care for them can be horrifying. You have the right to expect that nursing home personnel keep your loved ones safe and free from any abuse or harm. When you discover that your loved one has suffered these unconscionable losses, you may want to have a Columbus verbal or emotional abuse lawyer review your legal options.
If nursing home employees abuse or allow others to abuse your relative, you can take legal measures to hold them accountable for their actions. Your family can seek compensation for the injuries to your loved one, and you can help ensure that the same type of harm does not come to other nursing home residents in the future.
While you cannot undo the abuse that your loved one has suffered, you can take affirmative steps to prevent future wrongs with the help of the attorneys at Pintas & Mullins Law Firm. Call our office at (800) 842-6336 and learn more about your options for legal recourse following the discovery of nursing home abuse.
Defining Verbal or Emotional Abuse
While most people think of physical harm when hearing about nursing home abuse, verbal, emotional, and psychological abuse are also prevalent problems. Under Ohio Administrative Code (OAC) §3701-64(O), defines psychological abuse as causing a resident psychological harm, either verbally or by their actions. Furthermore, Ohio Revised Code (ORC) §3721.13 specifically provides that all nursing home residents have the right to be treated with courtesy and be free of verbal, emotional, or psychological abuse.
Verbal or emotional abuse can include everything from speaking in a harsh, rude, degrading, or disrespectful manner to nursing home residents to threatening them with physical harm. Nursing home staff and even other residents may engage in this sort of verbal abuse to persuade nursing home residents to do something that they want or behave in a specific way.
They also may ignore or refuse to speak to residents, embarrass them, call them names, and force them to isolate themselves from their friends and family members. In some cases, nursing home employees are simply bullies who verbally abuse some of the most vulnerable individuals in American society.
The Ohio Department of Aging receives over 16,000 reports of elder abuse, neglect, and exploitation per year. However, people likely only report as few as one in 14 cases of elder abuse, neglect, or exploitation. Based on these statistics, the number of abused and neglected nursing home residents is shockingly high.
Verbal or Emotional Abuse Claims Against Nursing Homes
Injury victims can file legal claims against nursing homes based on different legal theories, many of which arise from the nursing home staff’s negligence. Negligence generally is a careless disregard for the safety or protection of others, such as nursing home residents. A negligent level of care for nursing home residents falls below the standard of care that reasonable people would provide in similar situations.
For example, if nursing home personnel fail to conduct thorough background checks or implement insufficient hiring practices, it may expose residents to a risk of harm. Similarly, if nursing homes fail to adequately train, monitor, and supervise workers, the likelihood of abuse or neglect to residents increases. Chronic understaffing also can lead to extreme frustration and impatience among existing staff members, which can easily lead to verbal abuse.
For a free legal consultation with a Verbal or Emotional Abuse Lawyer serving Columbus, call (800) 842-6336
Deadlines for Filing Nursing Home Abuse Claims
Like all other states, Ohio has legal deadlines that injury victims must follow when filing nursing home abuse claims. Under Ohio Revised Code (ORC) §2305.10, injured nursing home residents have two years from the date that their injuries occur to file their lawsuit in court. Since nursing home injury victims may not immediately report emotional or verbal abuse, the time to act on these reports can be limited. As a result, injury victims must take steps to get legal advice about their situation sooner rather than later. Hiring a Columbus verbal or emotional abuse lawyer to avoid missing legal deadlines and handle your legal claim can be helpful during this time.
Failure to file legal claims against nursing homes can result in injury victims being unable to seek any compensation for their losses. You also will be unable to hold the nursing home responsible for its staff members’ actions in abusing your loved one. This could lead to nursing home employees continuing to abuse other residents in the future, as the nursing home will have no incentive to change its practices to protect residents from harm.
Columbus Verbal or Emotional Abuse Lawyer Near Me (800) 842-6336
Seek Legal Help Today
Time is limited under state law for nursing home residents to seek legal remedies for verbal or emotional abuse. Through a personal injury action, abuse victims may be able to pursue compensation from the nursing home responsible for the abuse. Get the advice of a Columbus verbal or emotional abuse lawyer to learn about and understand the potential legal remedies in your situation.
We know how heartbreaking and overwhelming a nursing home abuse situation can be. You may have unexpected expenses in getting necessary care for your loved ones and transferring them to another facility to ensure their safety.
The attorneys of Pintas & Mullins Law Firm handle nursing home claims on behalf of victims and their families on a contingency basis. As a result, you pay nothing upfront and nothing toward legal fees until you receive a fair settlement in your case. We receive no payment out of pocket from you, which enables you to focus your finances and efforts on your loved one. Call our office at (800) 842-6336 and get started on the claims process today.