Volkema Thomas Miller & Scott A Legal Professional Association Let us help - Contact for a free consult
in the section

Nursing Home Abuse or Neglect Archives

Victim of Nursing Home Abuse Dealt Blow by Ohio Supreme Court

Nursing home abuse, unfortunatley, occurs all too often in Ohio and around the Country. It is a sad, but true, fact that many residents of nursing homes are terribly abused by the very folks that they or their family paid and trusted to care for them. Some times, the abuse is so horrible that the nursing home should not only be held accountable for the harm it caused, it should also be punished for it misconduct. Punitive damages are intended to punish a wrongdoer for especially bad conduct and to set an example for others. Unfortunately, on February 15, 2012, the Ohio Supreme Court ruled, in Havel v. Villa St. Joseph, that, despite the fact that the Ohio Constitution states that the Ohio Supreme is the only body with the power to determine all rules regarding court procedure, and despite the fact the Court had enacted a rule regarding bifurcation, the Ohio legislature may also do so. Accordingly, although the Ohio Supreme Court enacted Civil Rule 42 back in 1970, which procedural rule gives the trial judge the discretionary power to decide whether to bifurcate a trial (bifurcation means that different issues in a case are decided in separate trials) the nursing home and insurance industries successfully lobbied the Ohio legislature to enact a statute that requires trial judges to bifurcate claims for punitive damages and to conduct a separate trial on such claims. So, the victims of nursing home abuse, who have already suffered more than enough, will now be forced to sue the nursing home twice, and incur additional costs and fees, in order to attain justice and hold the nursing home fully accountable for its misdeeds. If you believe that you or a loved one has been injured by nursing home neglect, you need to contact an experienced trial lawyer as soon as possible.

Elderly Nursing Home Resident Dies After Fall

The Columbus Dispatch recently reported on an incident in Clark County, Ohio, that occurred when an elderly resident of a nursing home, who was being evacuated from the nursing home due to a small fire in the laundry room, slipped and fell because the floor was wet from the sprinklers that had activated to contain the fire.  Tragically, the resident sustained a wrongful death as the result of her injuries. According the the Center for Diseases Control and Prevention, falls among nursing home residents occur frequently and repeatedly, and about 1,800 older adults living in nursing homes die each year from fall-related injuries, and those who survive their falls frequently sustain hip fractures and head injuries that result in permanent disability and reduced quality of life.  The CDC also reports that each year, a typical nursing home with 100 beds reports 100 to 200 falls, that many falls go unreported, and that between half and three-quarters of nursing home residents fall each year. About 1,800 people living in nursing homes die each year from falls.  The CDC has indicated that the cause of many of these falls are hazards such as wet floors, poor lighting, incorrect bed height, and improperly fitted or maintained wheelchairs.  If you or a loved one has been injured in a fall at a nursing home, you should immediately contact experienced attorneys.

Email Us For A Response

Set Up A Free Case Evaluation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy