Duty of Care Owed by Toledo Nursing Home Facilities

People who live in nursing homes, assisted living facilities, and similar residential care facilities are usually frail or infirm. Caring for them can be challenging, and a deterioration in their condition does not necessarily mean that they are receiving inappropriate care.

Unfortunately, the duty of care owed by Toledo nursing home facilities is sometimes lacking. Patients may experience violations of their rights and other forms of abuse or neglect. Reach out to the nursing home negligence attorneys at Zoll & Kranz, LLC for help if you or your loved one is receiving substandard care at a long-term care facility.

Understanding a Nursing Home Patient’s Rights

Nursing homes have an obligation to provide appropriate and necessary care. They must allow patients as much autonomy and freedom of choice as possible, consistent with their medical needs.

Ohio Revised Code § 3721.13 describes the rights of a nursing home resident. You should review these rights and ensure the facility honors them. When you have a concern about the level of care provided, you should immediately contact the nursing home administrator.

Communication with the nursing home administrator should be in writing. If the discussion was verbal, write a follow-up letter or email recounting the conversation and the necessary steps to address the problem. If the nursing home duty of care continues to be an issue, share the documentation with a Toledo attorney at Zoll & Kranz, LLC who could explain the next course of action.

Violations of the Duty of Care

Medical institutions, including nursing homes, skilled nursing facilities, and memory care facilities, have a duty of care toward their residents. Failing to meet the applicable duty of care is considered negligence.

The standard of care depends in part on the patient’s specific circumstances. For example, a patient who is mobile and capable of swallowing requires different services and less supervision than a bedridden patient who cannot take food or liquids by mouth. The nursing home must ensure that each patient gets the care and services they require to be as comfortable and functional as possible, given their medical condition.

Failing to protect a patient’s rights and provide the expected standard of care is a violation of the law. Other failures may not violate a specific provision of the law but do represent inadequate care at the facility. An attorney at Zoll & Kranz, LLC could review a patient’s medical records, the nursing home’s staffing records, and any other relevant information to determine whether a Toledo facility meets the legal duty of care.

Common Examples of Substandard Care

Facilities that provide long-term residential care for the elderly and disabled frequently fail to meet the appropriate standard of care. The problem worsens when a patient cannot communicate their experiences or is too intimidated to do so.

Family members and other loved ones should monitor a patient’s care. Some forms of nursing home abuse or neglect to look out for include:

• A patient is left alone for extended periods
• Caregivers refuse or ignore a patient’s requests
• Caregivers do not administer medications according to the doctor’s orders
• The patient receives higher doses of medication to keep them tranquil
• Chronic conditions such as diabetes or hypertension are not properly monitored or treated
• Caregivers fail to frequently turn immobile patients
• The patient’s hygiene and the cleanliness of their surroundings are inadequate
• The patient experiences isolation from others, including other patients, family, and friends

In extreme cases, patients might suffer emotional abuse such as mocking or taunting, physical abuse such as pinching or hitting, or sexual abuse, including rape.

A lawyer could file a lawsuit against a Toledo nursing home facility for improper duty of care. Negligence lawsuits against nursing homes could lead to disciplinary action against culpable staff and investigations into the facility’s licensing, often resulting in improved conditions for patients. A facility may also be responsible for financial compensation to a resident who suffered harm due to the facility’s negligence.

Contact Zoll & Kranz, LLC for Duty of Care Concerns in a Toledo Nursing Home

Vulnerable patients often do not receive the quality of care they deserve. If you or a loved one is not receiving the appropriate duty of care owed by Toledo nursing home facilities, contact us immediately.

Our team works diligently to ensure the protection of a patient’s rights. Reach out to us today to discuss your legal options.