Areas of Practice

Nursing Home Abuse & Neglect

The rights of nursing home residents are established under Ohio R.C. §§ 3721.10 – 3721.17. In particular Ohio R.C. § 3721.13 sets forth Ohio's Bill of Rights for Nursing Home Patients and enumerates thirty-two express rights, including rights that are as follows:

• the right to a safe and clean living environment;
• to be free from physical, verbal, mental, and emotional abuse;
• to adequate and appropriate medical treatment and nursing care;
• to confidential treatment of personal and medical records;
• to be free from certain physical or chemical restraints;
• to exercise all civil rights;
• to observe religious obligations and participate in religious activities;
• and to voice grievances without discrimination or reprisal.

There are three alternative remedies when a nursing home resident's rights under R.C. 3721.10 to 3721.17 have been violated:

1. the resident may file a grievance with a grievance committee established pursuant to R.C. 3721.12(A)(2), (R.C. 3721.17(A));
2. anyone who believes that a resident's rights have been violated may file a report with the department of health, (R.C. 3721.13(B)); and
3. a resident or the resident's sponsor may file a civil lawsuit against any person or home committing the violation. (R.C. 3721.17(I)(1))
Cramer v. Auglaize Acres, (2007) 113 Ohio St.3d 266, 865 N.E.2d 9

Ohio R.C. § 3721.17(I)(1)(a) states that "Any resident whose rights under sections 3721.10 to 3721.17 of the Revised Code are violated has a cause of action against any person or home committing the violation."

If you believe that your rights or the rights of a family member have been violated by a nursing home, you may contact us by completing a confidential case analysis form or by calling us directly at (330) 258-8000.

789 West Market Street | Akron, Ohio 44303 | Phone 330.258.8000 | Fax 330.253.8095
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