How Much Time Do I Have to Pursue a Claim of Nursing Home Abuse and Neglect?

As Cleveland Elder Law attorneys here at The Dickson Firm, who handle cases against Cleveland nursing homes and nursing homes throughout the State of Ohio involving the abuse and neglect of nursing home residents, one of the hardest parts of our job is when we get a call from a family who has waited too long to contact us.

Once a claim is time barred there is nothing we can do.

How much time do you have to bring a case of nursing home abuse and neglect?

Claims against nursing homes in Ohio, including claims against nursing homes in Cleveland, are medical claims in the State of Ohio, and as a result, you have one (1) year from the date that the nursing home resident knew or should have known that they received substandard care, or one (1) year from the date they stopped treating with the potential defendant for the condition complained, whichever date is later.

Many spouses or family members have question about the law. If so, please call Blake Dickson today.

If you have a claim of nursing home abuse or neglect relative to a person who has passed away, then there are two categories of damages.

If you are contemplating a claim of nursing home abuse or neglect on behalf of a nursing home resident who is still alive, then you have one (1) year from the date the person suspected substandard care or one year from the date they stopped receiving care from the nursing home for the condition complained of, whichever date is later.

So if your loved one suffered a fall which caused them an injury, you definitely have a year from the date of the fall to file a law suit. If they received treatment at the nursing home for the injuries from the fall then you have a year from the date they stopped treating for those injuries at the nursing home to sue the owners and the operators of the nursing home.

If they suffered skin breakdown, they developed bed sores, you definitely have one (1) year from the date that the resident first knew that they had skin breakdown. If they treated at the nursing home for the skin breakdown you have one year from the date they stopped treating at the nursing home for the skin break down to file a lawsuit.

If your loved one is mentally incompetent, if they have dementia or other issues such that they're not of sound mind, then that time period does not begin to expire during their life time. You have one year from their death to pursue a claim for their injuries and related medical bills.

We strongly recommend that if you suspect that your loved one has received substandard care at a nursing home, particularly if they have received substandard care and suffered injury, that you move your loved one to a better nursing home. You can use the website https://www.medicare.gov/care-compare to analyze and compare nursing homes in your area, and find your loved one a better nursing home. We have identified nursing home "worst offenders" in Ohio – see here.

If you are contemplating a claim relative to someone who has passed away, then you have two categories of damages.

The first category is survivorship damages.

These are the damages that survive the person's death. These damages will include your loved one's claim for their pain and suffering, their loss of enjoyment of life, and the medical bills that they incurred for the injuries that they suffered as a result of the substandard care. As indicated above, you have one (1) year from the date that your loved one knew or should have known that they received substandard care, or one (1) year from the date that they stopped treating with the potential defendant, in this case, the nursing home, for the condition complained of, whichever date is later. At the latest, if someone has passed away, you have one (1) year from the date of their death to pursue their survivorship damages.

When a person dies as a result of substandard care in Ohio, you also have a claim for wrongful death. A wrongful death claim is brought for the exclusive benefit of the decedent's next of kin. Wrongful death damages include the mental anguish or emotional suffering of the next of kin of the decedent as the result of the decedent's death and their loss of society, meaning the value of the relationship they had with the decedent, which has been taken away by that person's death. Death can be caused by a variety of issues including falls, assault, or neglect and abuse.

You have two (2) years from the date of a person's death to bring a lawsuit for their death.

Prior to bringing a wrongful death lawsuit, you have to open up an estate through the Probate Court. And at the time that you file a medical claim, or shortly thereafter, you need to file one or more affidavits of merit signed by qualified experts opining that the standard of care has been breached and the person has suffered harm as a result.

As a result, if you believe that someone you love has been neglected or abused in a nursing home, we strongly recommend that you contact us as soon as possible. The longer you wait, the more you risk allowing your claims to be time-barred.

Contact a Cleveland nursing home lawyer with questions about abuse and neglect

Here at The Dickson Firm, we've been devoted to the rights of nursing home residents and their families for over twenty five (25) years. We work very hard to hold nursing homes accountable when they provide a resident with substandard care that causes injury, particularly in cases involving falls and issues with bedsores and pressure sores. As indicated above, bedsores can be extremely harmful to nursing home residents. They can even be fatal. If someone you love has been neglected or abused in a nursing home, please call us at The Dickson Firm at 1 (800) OHIO LAW. We would be happy to talk with you and help you in any way that we can.

The Dickson Firm believes it is crucial to share news about nursing home injuries and deaths to raise awareness about the ongoing issues of neglect and abuse that occur in Ohio – in Cleveland, Akron, Toledo, Columbus, Dayton, Cincinnati and every community across the state. The people who suffer injuries could be your spouse, your parent, your brother or sister. By reporting these incidents, we help families recognize potential risks, empower them with knowledge, and push for greater accountability in the industry. Ultimately, our goal is to advocate for safer conditions and ensure that vulnerable residents receive the care and dignity they deserve.

If someone you love has been neglected or abused in a nursing home, please call us at 1-800-OHIO LAW as it would be our pleasure to talk with you and help you in any way that we can. We represent victims and their families across Ohio. Contact nursing home and elder law attorney Blake Dickson today for a free and confidential case review.