You trust that the long-term care facility you chose for a loved one will be a safe home with appropriate care. Most facilities are, with federal and state oversight providing some level of comfort. Ohio has even codified what assistance your loved one can expect through its Nursing Home Residents’ Bill of Rights. However, if your loved one ever falls while in a nursing home, you should ask questions.
Ohio oversees 942 nursing homes. Medical conditions and age contribute to physical decline, where patients need assistance with performing everyday functions. When walking to the bathroom ends in a fall in Toledo nursing homes, it may be linked to a lack of care as promised in the Residents’ Bill of Rights. If your elderly loved one falls and suffers injuries while in their care facility, an experienced elder neglect attorney can offer robust representation to get the compensation your family member deserves.
What Causes Serious Falls in Ohio Assisted Living Facilities?
According to Elder Guide, about 3.74 percent of Ohio nursing home patients suffer serious falls resulting in significant injuries. Elder Guide associates major falls predominantly with a lack of adequate patient assistance. This help is often needed when a resident:
- Uses the bathroom
- Walks, even a short distance
- Gets in and out of a wheelchair
- Gets in and out of bed or up and down in a chair
When a caregiver is absent, an older person will often try to accomplish the task alone. Even in the best staffing situations, a resident can still fall. However, when there is inadequate staffing, or if a caregiver becomes annoyed and drags, pushes, or pulls a patient until they lose their balance and fall, the facility and caregiver may be liable for negligence. Contact a diligent Toledo attorney if a loved one falls in a nursing home.
Staffing Requirements in Ohio Nursing Homes
Ohio Administrative Code Rule 3701-17-08(C) broadly declares that each nursing home must employ enough direct care staff to timely and appropriately meet residents’ needs on every shift. Nurse aides, registered nurses, and licensed practical nurses (LPNs) must provide a minimum daily average of 2.5 hours directly caring for each patient.
Nursing homes and skilled nursing facilities (SNFs) must meet federal requirements to house Medicaid and Medicare residents. There are no required ratios of caregivers to residents in assisted living facilities, although there are recommendations for SNFs that provide more extensive medical care.
All Ohio long-term care facilities are required to post or disburse copies of the Residents’ Bill of Rights. Among other promises, patients are entitled to:
- The right to be free from abuse
- The right to adequate medical treatment
- The right to prompt responses to all reasonable questions and requests
Failing to honor these rights can lead to severe falls in Toledo nursing homes. A well-practiced nursing home neglect lawyer could determine if a negligence lawsuit is the appropriate next step.
Establishing Negligence
Nursing home negligence is often difficult to prove. Administrators are often secretive about documenting injurious mishaps, especially when they or their employees are at fault for physical abuse or inadequate staffing when a patient falls. But a determined legal professional from our firm will review records and medical charts, interview witnesses, and consider any documentation the patient or family accumulates.
Negligence requires proving the defendant had a duty to the plaintiff and breached that duty. The duty here is spelled out in Ohio law, including through the Nursing Home Residents’ Bill of Rights. When staffing is inadequate, or a patient is physically pushed and falls, the duty is breached. The patient must suffer injuries directly caused by the breach, such as a broken hip resulting from the fall.
We Advocate for Your Loved One After Toledo Nursing Home Falls
Although 3.74 percent of Ohio long-term care residents suffer serious injuries from major falls, Medicare estimates that more than half the residents nationwide may suffer minor falls. Minor falls can escalate to major ones when untrained or overworked staff do not assist patients in performing tasks that could lead to falling.
Our compassionate attorneys at Zoll & Kranz, LLC proudly advocate for Ohio’s vulnerable senior citizens. They deserve respect from their caregivers and to retain their dignity, guaranteed under the Residents’ Bill of Rights. Call today for a free consultation if you or a loved one falls in a Toledo nursing home.
