Nursing Home Litigation
General Information
Cubbon and Associates represents individuals and families who have been seriously injured as the result of neglect and abuse in nursing homes and other residential care facilities.
The claims that we handle failure typically result from inadequate staffing and supervision; failure to recognize critical medical needs and to provide appropriate medical treatment; and, instances of physical abuse by staff or other residents. Common injuries include bed sores or decubitus ulcers; malnourishment and dehydration; conditions worsened by the failure to provide necessary medical treatment; fractures and subdural hemotomas; and, even death.
If you suspect that you or a loved one have been injured as the result of neglect or abuse in a nursing home or residential care facility, please contact Cubbon and Associates. We will carefully evaluate your claim and may be able to help you to secure appropriate compensation. Our initial consultations are free and without obligation.
Unfortunately some injuries and complaints simply do not justify legal action and we are sometimes are unable to help. Where this is the case we often can direct you to agencies and organizations set up to monitor nursing care and to enforce the many rights and protections afforded nursing home residents and their families under state and federal law.
Statute of Limitations
In Ohio personal injury most injury claims are covered under the medical malpractice statute and governed by its one year statute of limitations. In practice this means that claims must be brought before the courts with one year of the neglect or abuse and resulting injury. Failure to meet the statute of limitations will deprive you of any further legal recourse and the opportunity for compensation.
The date on which the actual statute of will expire in a particular case is often affected by many factors and is difficult to calculate. For this reason it is exceeding important to speak with an attorney as soon as you suspect that you or family member have a claim.
FAQ's
What constitutes nursing home neglect?
Under state and federal nursing home regulations, neglect is the failure to care for a person in a manner that avoids harm and unnecessary pain or the failure to respond to a situation that may be harmful. Neglect may result from intentional or unintentional conduct.
What are some examples of neglect?
Some include:
Failure to follow medical orders and provide indicated medical treatment and services.
Failure to identify symptoms requiring medical treatment.
Failure to properly position, support and move non ambulatory residents to prevent the development of limb contractures and bed sores or decubitus ulcers.
Failure to properly assess residents for their fall risk and to take appropriate measure to prevent falls.
Failure to respond to call bells and cries for help.
Failure to provide sufficient assistance and support with transfers.
Failure to provide and assist with proper hygiene—toileting, bathing, changing clothing and diapers.
Failure to provide adequate nutrition and hydration.
Failure to prevent abuse by at the hand of staff or residents.
What is abuse?
Abuse is generally defined as causing intentional harm or pain. This may include physical, emotional or sexual assault; corporal punishment; unreasonable seclusion, isolation, restraint or sedation; and intimidation. Abuse may be committed by a staff person, another resident or by a visitor.
What are some examples of abuse?
Some may include:
A staff person who hits, shoves, pinches, slaps or physically assaults a patient.
Forced feeding.
Threats of punishment or deprivation and verbal intimidation.
Sexual assault.
Unnecessarily rough handling of residents while feeding, medicating or moving patients.
Improper handling of a residents money or personal property.
Will all instances of neglect abuse give rise to a claim for monetary compensation?
No. In some cases a person’s injury may not be serious enough to warrant legal action. In others it may not be possible to prove that neglect or abuse occurred.
Do I have remedies other than a lawsuit if I suspect that I or a loved one has been the victim of neglect?
Yes, there are several agencies and organizations that may be able to investigate concerns and provide you with assistance. If we are unable to help you, we will try to direct you to them. Two include: The Long Term Care Ombudsman Program, 419-259-2891 or 800-542-1874 and the Ohio Department of Health, 800-342-0553.
Are all injuries in nursing homes the result of neglect or abuse?
No, many are not. To succeed with a claim it must be demonstrated that the injury was preventable and that the facility failed to do what it could to prevent the injury. Unfortunately many falls are simply not preventable.
What is a serious injury?
This is difficult to determine and will depend on individual circumstances. While we are most likely to undertake claims that involve broken bones, longstanding pain, death, significant disability, surgery, or substantial medical expense, we will give every call our careful consideration.
My parent has passed away. Can I still pursue a claim that arose before her death?
Yes. A claim can be brought through your parent’s estate. In the event that the death resulted from the negligence of a nursing your family may be able to assert a wrongful death claim as well.
Litigation