Sadly, we often get calls here at The Dickson Firm about a claim of nursing home neglect and/or abuse, and the claim is time barred.

For every claim in the State of Ohio for personal injury and/or wrongful death, there is a time limit, known as a statute of limitations, within which a lawsuit must be filed in order to pursue the claim.

There are two categories of damages in Nursing Home cases.

The first are the damages for the nursing home resident. These damages can be recovered in the case of a nursing home resident who is still alive, and also in the case of a nursing home resident who has died.

The time limit to bring a claim on behalf of a living nursing home resident or to bring a claim through a person's estate for the damages that that person suffered during their life is one (1) year from the date the nursing home resident knew or should have known that they had received substandard care, or one year from the last time they treated with the potential

Defendant for the condition complained of, whichever date is later.

This means that if a nursing home resident suffers injury at a nursing home, and they remain a resident of that nursing home, and they continue to receive treatment for the injury that was caused by substandard care, then that one year time period would not start to expire until they left the nursing home, or until they stopped receiving treatment for the injuries that they suffered as a result of the neglect.

If the nursing home resident has dementia or other issues and they are mentally incompetent, then their one (1) year time period likely never begins to expire during their lifetime. The only thing that would trigger the expiration of the one year time period would be their death. If the person is mentally competent and they are aware that they have received substandard care, then the one year time period would begin to expire when they became aware that they had received substandard care, or when they left the nursing home, whichever date is later.

If the person is mentally incompetent, even if they leave the nursing home, the time period does not begin to expire until their death. If a mentally incompetent person suffers neglect at a nursing home, and they subsequently die, their family would likely have one year from the date they died to bring the claim for the pain and suffering that they suffered as a result of the neglect, the medical bills that they incurred for the treatment that they received for the injuries that they suffered as a result of the neglect, and for their loss of enjoyment of life.

Separate and apart from the one year time period for the nursing home resident's damages, there is a time period within which a lawsuit must be filed to pursue the wrongful death damages suffered by the resident's next of kin. If a nursing home resident dies as the result of the neglect or abuse at the nursing home their next of kin can bring a claim for their mental anguish or emotional suffering as a result of the person’s death and for their loss of society, meaning they had a relationship with the resident and that relationship was taken away as a result of the resident's death. The time period to bring a lawsuit for wrongful death is two (2) years from the date of the person's death.

Finally, there is a statute of repose of four (4) years. Under no circumstances can a lawsuit be filed more than four (4) years after the incident causing the resident’s injury. Therefore, if a resident suffers an injury as a result of the neglect of the nursing home, but is mentally incompetent, and/or stays at the nursing home, so the one year statute does not begin to expire, a law suit must still be filed within four years of the date of the incident that caused their injury.

Prior to bringing a wrongful death lawsuit, an estate has to be opened with the Probate Court, and a Personal Representative has to be appointed for the person's estate. In addition, at the time the lawsuit is filed, or shortly thereafter, the person bringing the lawsuit has to file, what is called, an “Affidavit of Merit” signed by a doctor and/or a nurse, opining that they have reviewed the resident's medical records and that the standard of care has been breached, and that as a result of that breach, the resident has suffered harm.

If someone you love has been neglected or abused in a nursing home, we strongly recommend that you contact us as soon as possible so that we can evaluate your case and figure out how much time you have to file a lawsuit. Sadly, we get phone calls on a regular basis from people with significant claims to pursue on behalf of their loved ones, but unfortunately, those claims are time barred. If you wait too long and your claim is time barred, there is nothing you can do. No matter how meritorious your case is, you cannot bring a case after the statute of limitations expires.

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 at any time and help you in any way we can.