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Nursing Home Abuse & Neglect
Akron Attorney for Nursing Home Patients and Their Families
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 the following rights:
- To have a safe and clean living environment
- To be free from physical, verbal, mental, and emotional abuse
- To have adequate and appropriate medical treatment and nursing care
- To have personal and medical records kept confidential
- To be free from certain physical or chemical restraints
- To exercise all civil rights
- To observe religious obligations and participate in religious activities
- To voice grievances without discrimination or reprisal
What to Do if a Nursing Home Resident's Rights Were Violated
Ohio law gives the right to any resident whose rights were violated to sue any person or home committing the violation. There are three alternative remedies when a nursing home resident's rights have been violated:
- The resident may file a grievance with a grievance committee established pursuant to R.C. 3721.12(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))
- 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, 113 Ohio St.3d 266, 865 N.E.2d 9 (2007), is an Ohio case that talks about these options.
Contact Us for a Confidential Nursing Home Case Analysis
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 email, by completing our confidential Do I Have a Case? form, or by calling us directly at (330) 258-8000.