As we age, many people suffer with vision, balance, ambulation and nutritional deficits. Seniors are also more likely to use prescription medication, which can further impair their mobility. Ideally, a nursing home resident should be able to rely on staff and mobility aids to prevent falls—but sadly, they still occur. The question is, when is a nursing home responsible for their patients’ falls and injuries?

Nursing home fall risks

In order to be liable for negligence, a plaintiff must prove that the nursing home had a duty of care to prevent a falls, breached that duty, and as a result, the patient suffered actual harm. Cases often hinge on whether or not the nursing home breached their duty of care.

Breach of duty in fall cases can be proven in several ways. For example, nursing homes are aware of the increased risk of seniors falling, and should have plans in place to prevent them. If patients are deemed a fall risk, they should be monitored even more vigilantly. When a lack of supervision or care is to blame for a fall, patients can compare the home’s fall prevention policy and state and federal requirements to their actual experience. If the home was in violation of the law, or did not uphold their own policies, plaintiffs may be able to recover damages for their injuries.

Furthermore, nursing homes are obligated to reduce environmental hazards. Wet floors, dim lighting, inappropriate furniture height and loose carpeting can cause anyone to fall—and at an advanced age, even minor falls can cause lasting injury. If the nursing home knew or should have known about the environmental hazard, and failed to fix the issue in a timely manner, they may be held liable for negligence.

Falls aren’t always due to negligence, and they’re not always preventable. Sometimes they’re simply accidents. However, if you suspect that negligence was a factor in your or a loved one’s fall, it’s important to talk to a Dworken & Bernstein attorney as soon as possible.

The experienced nursing home abuse attorneys at Dworken & Bernstein will be happy to discuss your nursing home fall claim.  Schedule a consultation today!

Nursing homes have a duty to protect and care for their residents, including a duty to provide adequate security and prevent elopement. When they fail in that duty, residents and their families may be able to sue the home for nursing home neglect. Here’s what you need to know about nursing home security and preventing elopement.

Negligent security and nursing home elopement

To prove a nursing home was negligent, the plaintiff must show that the nursing home had a duty to care for the patient, they breached that duty and, as a result, the plaintiff suffered actual harm. Since it is generally accepted that nursing homes have a duty to keep their patients safe and within the facility, most cases center on whether they’ve breached their duty and  the patient suffered actual harm. “Actual harm” could be physical injuries, illness, death or other consequences resulting from the elopement.

Generally, nursing homes should have procedures in place to monitor areas where patients may leave the premises, such as exit doors, elevators and stairwells. Monitoring may consist of security guards, video surveillance, door alarms or other ways to prevent patients from wandering off. A nursing home should also have procedures in place to monitor the whereabouts of all the patients at all times, and employees should be adequately trained to handle missing patients.

Whether you’re proactively choosing a safe nursing home, or you’re gathering evidence for a negligent security claim, it is advisable to visit the nursing home several times. Take the time to observe their security measures as you walk into the facility. Is the front entrance staffed at all times? Are there security guards? Do they check identification? Ask the staff what they do to secure residents and prevent elopement: they should have a way to ensure all residents are present and accounted for at regular intervals.

Next, when you’re inside the home, observe the patients and staff. Is there enough staff to monitor all of the residents? Are patients wandering in the halls without supervision? Look for gaps in security and staffing, where a resident could leave without staff knowledge.

Nursing home residents deserve to be safe. If your loved one was a victim of negligent nursing home security, you may be able to hold the home responsible. Call Dworken & Bernstein today for a consultation.

Wrongful death nursing home lawsuits in Ohio

Ohio Revised Code Chapter 2125 covers wrongful death actions. Wrongful death occurs when “the death of a person is caused by wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages if death had not ensued.” The personal representative of the deceased’s estate can file an action “for the exclusive benefit of the surviving spouse, the children, and the parents of the decedent, all of whom are presumed to have suffered damages by reason of the wrongful death, and for the exclusive benefit of the other next of kin of the decedent.”

Nursing home abuse wrongful death cases can be challenging to prove. Plaintiffs must show that the nursing home was negligent or committed a wrongful act, which caused the resident’s death. This is difficult when many residents have a history of illness or injury: a medical examiner may attribute their death to underlying causes rather than negligence or wrongful acts. Most cases hinge on whether there is enough evidence to prove the nursing home caused the death—in other words, the patient would not have died but for the nursing home’s actions or lack thereof.

If you believe your loved one died as a result of nursing home abuse or neglect, call Dworken & Bernstein to secure legal assistance as soon as possible. Plaintiffs have two years from the date of death to file a lawsuit—and when you’re grieving the loss of a loved one and settling their estate, that time can pass very quickly.

Nursing home abuse and causes of wrongful death

Nursing home abuse and neglect can take on many forms, including:

• Medication errors
• Untreated bedsores
• Physical, mental, emotional and sexual assault
• Excessive restraints
• Dehydration and malnutrition
• Elopement
• Falls
• Unsanitary conditions.

For example, nursing homes who failed to adhere to COVID-19 protocols for sanitation or medical procedures may have wrongfully caused a patient’s death. Similarly, if the home’s lack of security allowed a confused patient to wander off and die as a result, they may be liable for wrongful death.

The chances of prevailing on a nursing home wrongful death claim depend on the individual circumstances of the case. Call the highly experience nursing home abuse lawyers at Dworken & Bernstein for a consultation today: we’ll review your claim and explain your legal options.

Malnutrition and dehydration can occur as a result of nursing home abuse or neglect. Learn how to spot the signs to keep your loved ones safe.

Signs of malnutrition

The human body requires sufficient calories, vitamins, minerals and other nutrients to function properly. Malnutrition is especially dangerous in the elderly, leaving them more vulnerable to falls, decreased bone mass, hospitalization, slower recovery, illnesses and even death. While malnutrition can be due to a variety of factors, including nursing home abuse, nursing home staff should monitor each patient’s health and take appropriate action.

Keep a close eye on your loved one. If you notice they’ve lost weight, absent another explanation, they may not be getting sufficient nutrition. Malnutrition can also lead to weakness and fatigue: is the patient more tired than usual? Are they struggling to perform normal tasks, like lifting objects or walking?

Loss of appetite is another common sign. If your relative is only eating a small amount at a time, or is not hungry, this too could indicate they’re not getting enough nutrients. Lastly, monitor swelling due to fluid accumulation.  This may indicate a failing heart or kidneys.

Signs of dehydration

Dehydration occurs when you fail to get enough water, whether through food, beverages or drinking water. Seniors who experience dehydration may suffer diarrhea and vomiting, which further depletes the body’s electrolytes, minerals and fluids. Fevers, excessive sweating and increased urination can also lead to dehydration.

If your loved one complains about having a dry, sticky mouth or feeling constantly thirsty, they may be dehydrated. Other signs include less frequent urination, dark urine and few or no tears. If they seem fatigued, dizzy or confused, these are signs that they’re in need of more fluids. They will need immediate treatment if they have bloody or black stool.

What to do if you notice these signs

When you notice signs of malnutrition and dehydration in a nursing home resident, get help immediately. If dehydration and malnutrition are a result of nursing home abuse, you can report the home and may be able to recover monetary compensation for your loved one’s medical expenses, pain and suffering and more. Call Dworken & Bernstein today to learn more about your legal options.

While physical signs of abuse are often obvious, emotional and mental scars are not. Your loved one may be unable able to tell you because they’re incapacitated, don’t understand what’s happening, or are too ashamed to talk. Here’s how to recognize the emotional and mental signs of nursing home abuse.

Signs of nursing home emotional and mental abuse

Emotional and mental abuse can manifest in many different ways. Caregivers may shame residents for conditions out of their control, yell at them, tell them their family no longer cares, or threaten in another way.

If your loved one tells you about emotional or mental abuse, it is critically important to take them seriously. Otherwise, watch for these signs:

• Personality changes: While some age-related disorders can cause personality changes, mental and emotional abuse can do the same. If your loved one suddenly becomes angry, agitated or withdrawn overnight, this may be a sign they’re experiencing nursing home abuse.
• Childlike behaviors: Thumb-sucking, mumbling, rocking and speaking in a childlike voice are both signs of age-related diseases and abuse.
• Depression, agitation and anxiety: Watch the resident’s reaction when caregivers enter the room. If they display signs of depression, agitation and/or anxiety, it could be a clue that a specific caregiver is abusing them.
• Caregiver behavior: Sometimes abusers aren’t subtle. If you see a staff member belittling, yelling at or otherwise being cruel to a resident, take note.

What to do if you suspect nursing home abuse

Many people are afraid to level nursing home abuse allegations, especially if they feel like their loved one is “stuck” in a certain home.

The nursing home abuse attorneys at Dworken & Bernstein understand the sensitive nature of nursing home abuse. If you suspect someone you know is being abused, call us immediately! We’ll review your claim and help you explore your legal options—and our top priority is to ensure your loved one is safe.

Call Dworken & Bernstein for a nursing home abuse consultation today.

Generally, you can do both. If you’d like to file a lawsuit against a nursing home, consider calling Dworken & Bernstein before taking further action. Our attorneys can help you understand your rights, obligations and how to make sure your loved one is protected.

How to report nursing home abuse

Ohio Revised Code Section 3721.13 enumerates nursing home patient rights. This includes the right to a safe, clean living space that is free of unnecessary chemical or physical restraints, and free from any type of abuse and more.

Unless your Dworken & Bernstein lawyer specifically recommends otherwise, you may report nursing home abuse to the Ohio Department of Public Health. There are two ways to do so: call the complaint hotline at 1-800-342-0553, or file online. You may also do so anonymously by simply declining to provide your name and contact information. The Department of Public Health will initiate an investigation based on your complaint.

When filing a complaint, you’ll be asked to provide a description of the abuse you witnessed. Include as many details as you can recall, including date, time and any other witnesses who can support your complaint.

Unlike some lawsuits, filing a complaint will not yield financial compensation, however it can help build the case—and protect other residents from the same fate.

Filing a lawsuit

If the abuse or neglect you’ve witnessed are sufficient to warrant a lawsuit, the lawyers at Dworken & Bernstein can help. When we review your claim, we’ll thoroughly explain your legal options

Depending on the specific circumstance of your case, you or your relative may be entitled to financial compensation. This may help offset the cost of medical bills, relocation, therapy, your loved one’s pain and suffering and more.

If you believe your loved one has suffered from nursing home abuse or neglect, call the attorneys at Dworken & Bernstein today. We’ll fight to make sure your relatives’ rights are protected, and furthermore, ensure changes are made at the facility so no one else is harmed.

Nursing home security measures must protect residents, employees, visitors, and other lawful guests from becoming crime victims. It also extends into preventing residents from wandering and hiring safe people to take care of them. Here are five signs that your loved one’s nursing home may neglect security:

• Understaffing: Every nursing home should have an appropriate resident-staff ratio. If it is understaffed, it is nearly impossible to support the security and care of each resident.
• Lax check-in procedures: The nursing home should require check-in for visitors. Without check-in, anyone can enter and harm the residents. Proper check-in makes it easier for the facility to supervise visitors and residents and ensure their safety.
• Little front door supervision: There should be a security guard or a camera system monitoring who enters the nursing home. Just as with check-in, the home should know who enters and when they do so. If you cannot see any cameras or do not encounter 24-hour supervision at the front door, ask about these security measures.
• Lack of supervision: Residents with dementia or Alzheimer’s tend to wander. Doors should have alarms or locks to prevent them from leaving the property and placing themselves in danger. One incident of an “escaped” loved one should be one incident too many; look into finding another nursing home for your loved one if you find supervision lacking.
• Failure to train: Staff should receive adequate training to assess a resident’s wandering and elopement risk. If your loved one continues to wander or place themselves in danger despite constant warnings to staff members, it is likely the facility never trained them to deal with those issues.

Nursing home security negligence occurs if the facility fails to take measures to prevent crime or wandering. If you or a loved one is injured due to these shortcomings, consider speaking to a nursing home neglect attorney.

A lawsuit may be appropriate if a nursing home fails to care for and supervise your loved one. The attorneys at Dworken & Bernstein have extensive experience handling nursing home negligence cases, including security. Contact us today to schedule a free consultation.

What form of financial abuse occur in nursing homes?

Petty theft is the most common form of financial abuse in nursing homes. It includes stealing money from the victim’s wallet or purse, or using a resident’s credit and debit cards.

Other forms of financial abuse are far more manipulative and threatening. Nursing home workers may convince a resident to sign over power of attorney to them, or change their current power of attorney from a family member to them. Other violations include enticing residents to sign contracts, changes will amendments without allowing the elder resident to review the documents, consult a family member or an attorney.

Caretakers may also charge for services they never rendered. For instance, the caregiver is given money to buy a name-brand medication but buys the generic version instead. The difference is pocketed.  Also, residents may direct the caregiver to order medical or mobility equipment that never arrives because they absconded the funds.

What are the signs of financial abuse?

If your loved one faces financial abuse, you will likely see these signs:

• Lack of medical devices or needed medications
• Unexplained charges on checking, saving, or credit card accounts
• Changes to legal and financial documents, e.g., you learn you are no longer the designated agent in a power of attorney
• Fraudulent signatures on contracts, bills of purchase, and other financial or legal documents
• Missing debit or credit cards

Suspect financial abuse? Report it right away

If you suspect financial abuse, act quickly. Contact the State Ombudsman’s Office at (800) 282-1206. They may refer you to a regional long-term care ombudsman program. You may also file a police report, so the offender is more likely to face criminal charges.

Dworken & Bernstein provides legal services to victims of nursing home abuse and neglect, including financial abuse. Once you report the matter to the state, you will likely need legal representation to collect damages for missing property and redraft legal and financial documents. Our estate planning attorneys can also fix fraudulent will amendments and powers of attorney, so the interloper no longer has control of your loved one’s assets.

Call the attorneys at Dworken & Bernstein today for help with your financial abuse claim.

• Transparency: Reputable nursing homes are transparent with their practices and policies. If you ask to see them, the director should make them available and allow you to review them and ask questions. Problematic homes hold back information from family, friends and even the patients. Do not choose a nursing home that seems to hide something, especially if they seem to pressure you into signing a care contract.
• Answers questions: Nursing home staff should welcome questions rather than react defensively. When you ask questions about care, health and safety, you should receive clear answers directly addressing your inquiry. Be careful of avoidant responses or worse, ignored questions.
• Lower turnover rate: Nursing homes face high turnover rates. Of course, there are exceptions. A lower turnover rate shows staff members experience job satisfaction, which helps them become better caregivers. If a nursing home continually loses staff members, that raises concerns about management and supervision. The Centers for Medicare and Medicaid Services will begin reporting staff turnover.
• Staff details: The nursing home director should explain staff members’ backgrounds and experiences. If they do not know this information or cannot offer a general overview, they either face high turnover or do not care. That does not bode well for your loved one receiving quality care and treatment.
• Good COVID policies: COVID is deadly in nursing homes, so find a home with a high vaccination rate and low infection rate. Quality homes encourage vaccination and rarely face infections. Seek those out to keep your loved one safe. Ask about policies regarding vaccination and follow-up procedures if a resident or a staff member tests positive. 

If you suspect nursing home abuse, you should report the incident to the Ohio Department of Aging and call Dworken & Bernstein. The Ohio Department of Health investigates nursing home abuse allegations, but if your loved one is a victim, you may wish to hold the nursing home financially accountable. You or your loved one may be entitled to compensation for damages that occurred as a result of the abuse, including medical bills, pain and suffering, and more. We can help you! Call Dworken & Bernstein today for assistance with your case.

Despite numerous, dangerous incidents, reports are hidden

The Times reported more than 2,700 dangerous incidents were “not factored into the rating system run by the federal Centers for Medicare and Medicaid Services, or C.M.S., which is designed to provide families with reliable information to evaluate the safety and quality of thousands of nursing homes.” Despite state investigative agencies verifying the submitted incident reports, they were hidden from the public during the appeals process.

When nursing homes are accused of negative incidents, they are allowed to appeal the incident reports.  Incident reports can range from workers failing to wash their hands, to sexual assault or other abuses.  To make matters even worse, the appeals process is conducted almost entirely in secret.  If a nursing home does not obtain their desired outcome from the informal appeals process, they can appeal to a “special federal court inside the executive branch. That process, too, is hidden from the public.”

Even if a citation is upheld, there’s no guarantee it will make it onto the Medicare Care Compare ratings website. As a result, families are not privy to all of the pertinent information they need to make an informed decision, and thus may be placing their loved ones in harm’s way.

A vested interest in maintaining a high rating

The Times wrote that “[b]ecause of the weight that people place on the star ratings, researchers have found a connection between better inspection results and greater profits.” In other words, four- and five-star rated homes are a lot more profitable than three-star and below homes. It quite literally pays to bury negative incident reports.

The investigation revealed from 2017 to 2019 more than 2,000 five-star facilities were written up at least once for not following infection control precautions such as not washing hands. Yet these incidents had no effect on the home’s rating. At 40 other five-star nursing homes, inspectors ruled sexual abuse “did not constitute actual harm or put residents in immediate jeopardy.”

This report underscores the need to monitor your loved ones’ care. If you suspect your elderly relative is a victim of nursing home abuse, don’t hesitate to call the attorneys at Dworken & Bernstein today.