The Dickson Firm represents nursing home residents and their families in cases against the owners and the operators of nursing homes throughout the State of Ohio.
On an almost daily basis, I see commercials run by attorneys advertising for nursing home cases.
But what most people do not understand is – is that these attorneys do not have to have any experience handling nursing home cases to run an ad on television. They do not have to have any experience handling nursing home cases to even post a paragraph about nursing home cases on their website.
Having handled nursing home cases in Ohio for over twenty (25) years, I know the attorneys in Ohio who handle these types of cases.
Some lawyers advertise for these nursing homes cases, knowing that they are never going to handle these cases by themselves. They sign these cases up, and they send these cases to other lawyers to handle these cases. There are actually very few attorneys in Ohio who represent Plaintiffs in cases against the owners and the operators of nursing homes, who have significant experience handling these cases.
So how do you find a lawyer who has experience handling nursing home cases?
Nursing home cases are very specific. Nursing homes are subject to multiple regulations. The Ohio state legislature passed the Ohio Nursing Home Residents Bill of Rights, which is part of the state law in Ohio. That statute creates a statutory cause of action. This means that the state law creates a cause of action – a basis to file a law suit against the owners and the operators of nursing homes if the rights of a resident have been violated. There are many attorneys who claim to handle nursing home cases, who are not even aware of this statute. They think that nursing home cases are just like medical malpractice cases. They sue under the common law. They do not bring a statutory claim. In addition to the Ohio Revised Code, there are certain sections of the Ohio Administrative Code, promulgated by the Ohio Department of Health, that apply to the care of nursing home residents in a nursing home.
In addition to the Ohio Revised Code and the Ohio Administrative Code, there are certain sections of the Code of Federal Regulations that apply to care of nursing home residents in a nursing home. These regulations apply to nursing homes all over the country, including all of the nursing homes in Ohio.
Medicare publishes an incredible quantity of valuable data about all of the nursing homes in Ohio. Nursing homes are surveyed every eighteen (18) months, but also in response to complaints. The surveys contain a wealth of information. Staffing data is published through the Medicare archives. Financial data is published through Medicare and Medicaid.
There are regulations about nursing home records. There are laws and regulations about what records need to be maintained and what things need to be documented. Someone who is not familiar with handling nursing home cases, will not know how nursing home records are organized. They will not know what information is maintained by the various nursing homes. If a lawyer cannot look at a nursing chart and realize what is missing, they may very well miss out on key information. Further, nursing homes often produce their chart in different versions. If a lawyer is not an experienced nursing home attorney, he or she may not know how to get a complete version of the nursing home chart that contains all of the relevant information.
Sadly, in addition to the many nursing home cases we handle, and the many cases we handle involving survivors of sexual assault, we handle a quantity of legal malpractice cases against attorneys who have mishandled nursing home cases. Whenever I get one of those cases, I always think to myself, why didn't this attorney just send this case to an experienced nursing home attorney? Unfortunately, many attorneys who do not have experience handling nursing home cases, endeavor to handle these cases on their own.
If you are talking with an attorney and thinking about hiring that attorney to handle your nursing home case, ask them how many nursing home cases they have handled. Ask them how many nursing home cases they have tried. I have tried more cases for the Plaintiff than any other lawyer in the State of Ohio. I have tried cases all over the State of Ohio. Many of the owners and operators of nursing homes in Ohio, particularly the larger chains, know who I am. I have dealt with them in the past and I am handling multiple nursing home cases currently.
It is very sad for me to talk with a family, who first, endured having someone they love neglected and/or abused in a nursing home, and then, had to endure the disappointment of having their case mishandled by a lawyer who lacked the experience to handle a nursing home case.
I have talked to families whose attorney has presented them with a small settlement, and basically told them that it was a take it or leave it proposition, meaning, that if they did not accept the small settlement, the attorney would no longer represent them. This presents them with a very challenging decision. Do they accept the settlement that they somehow know, in their heart, is inadequate, or do they risk losing their attorney? It is imperative that any client pursuing litigation, particularly litigation against the owners and the operators of a nursing home, for the injuries and/or the death suffered by someone they love, trust their attorney. They have to trust that the attorney knows what they are doing. They have to trust that the attorney has their best interests at heart.
If someone you love has been neglected or abused in a nursing home, please call us at 1800OHIO-LAW, as we would be happy to talk with you and help you in any way that we can. We would be happy to use our decades of experience handling nursing home cases to help you with your case.
If someone you love has been neglected or abused in a nursing home, please call us at 1-800-OHIO LAW, as we would be happy to talk with you and help you in any way that we can.
To learn more about nursing home abuse and neglect in Ohio, please read:
How We Can Help – Toledo Nursing Home Attorney
Four Common Types of Nursing Home Abuse and Neglect
How Long Do I Have to Bring a Claim for Nursing Home Abuse or Neglect in Ohio?
3 Critical Questions to Ask Your Cleveland Nursing Home Injury Lawyer
‘Esther’s Law’ a step closer to allowing cameras into Ohio long-term care residents’ rooms
