When you entrust your loved one into the care of an assisted living facility, you expect them to receive the responsible and compassionate treatment they need. Unfortunately, some nursing homes fail to provide adequate levels of care. If your family member has suffered neglect or abuse while residing in a nursing home, you can file a civil suit for damages from the careless assistive care center. However, you should be aware of the statute of limitations in Cincinnati nursing home neglect cases.
While you may have various legal recourse if your loved one falls victim to neglect while living in a nursing home, you must first abide by the legal deadline to file a claim. Our experienced personal injury attorneys can explain how the statute of limitations could impact your case.
Neglect in Nursing Homes
Ohio Revised Code § 3701-64-01(J) defines neglect in long-term care facilities as recklessly failing to provide nursing home residents with any necessary treatment, goods, or services for their health or safety to the extent that it results in serious physical harm. When nursing home staff behavior falls below the requisite standard of care, injured residents may have a cause of action against various parties.
Neglect can occur in various ways and often can cause significant physical and emotional harm to residents. Some common forms of neglect that elderly residents may experience include:
- Inadequate supervision and monitoring
- Failing to assist with basic hygiene, hydration, and food intake
- Not taking proper precautions to prevent injuries like falls and bedsores
- Failing to answer call lights or attend to resident needs
As a result of neglect, residents may experience dehydration, malnutrition, and bedsores. Falls can result in broken bones, traumatic brain injuries, and other substantial injuries that may exacerbate or add to existing medical conditions.
A civil claim for damages could provide financial compensation for these and other losses resulting from the negligent staff. However, it must be filed before the legal time limit expires.
Legal Deadline to File Claims in Cincinnati
Personal injury actions are subject to a statute of limitations under state law. Under Ohio Revised Code § 2305.10, the legal deadline to file most nursing home neglect claims in Cincinnati is two years from the date that the resident suffered their injuries.
However, that statute of limitations differs in nursing home abuse or neglect cases that involve medical malpractice. Ohio Revised Code § 2305.113 provides that all medical malpractice actions have a one-year statute of limitations. That statute of limitations may begin to run at various points, including:
- The date that the malpractice occurred
- The date that the malpractice is discovered
- The date that the doctor/patient relationship is terminated
Medical malpractice cases are also subject to an overall statute of repose that states no medical malpractice claims can be filed more than four years after the incident occurs.
Discuss the Statute of Limitations in Cincinnati Nursing Home Neglect Cases with an Attorney
Nursing home neglect can be devastating for elderly residents and their families. Residents may suffer catastrophic, even fatal injuries. The statute of limitations in Cincinnati nursing home neglect cases can significantly impact your ability to seek financial recovery for the harm done to your loved one.
Failing to timely investigate whether you have a valid civil claim against nursing home staff and administrators could result in the loss of your claim. Do not hesitate to contact our team. Schedule a case consultation today for free.