How Do I File A Lawsuit Against A Nursing Home?

Close-Up Shot of a Caucasian Senior Woman Resting Her Hand on the Grip of her Mobility Walker while Sitting and Looking Out the Window

On January 16, 2022, nursing home resident Ronald Wysong choked to death while the nursing aide who was supposed to help him watched. The event was captured on video.

According to his family, Mr. Wysong became a resident at Sanctuary at Wilmington Place, near Dayton, Ohio, on January 1, 2022, after a fall that resulted in fractures to his left shoulder and hip. Due to his risk of choking, he was placed on a liquid diet, a fact that was known to the nursing home staff. After eating lunch on the 16th, Mr. Wysong experienced difficulty breathing and asked a nursing aide for help. Instead of assisting him, she handed him a bucket and left him alone. Over the next 10 to 15 minutes, Mr. Wysong struggled to breathe before losing consciousness. His assigned nurse was taking a cigarette break. When she returned, she was unable to render effective aid, and the crash cart that was retrieved was inoperable.

Mr. Wysong’s family had placed a video camera in his room that captured multiple instances of staff neglect, including ignoring his cries for help and failure to acknowledge his complaints of difficulty breathing. They have filed a lawsuit claiming negligence, wrongful death, and multiple violations of Ohio nursing home residents’ rights laws.

Understanding Nursing Home Negligence

When you make the difficult decision to place a loved one in a nursing home, you rightfully expect that the facility and staff will provide the care and attention your loved one deserves. Unfortunately, too many families learn too late that a trusted nursing home has failed to meet even basic standards of care.

Nursing home negligence occurs when a facility or staff member fails to provide the care necessary to keep residents safe and healthy. This negligence often leads to preventable injuries or, in extreme cases, death.

If you suspect a loved one was harmed because the nursing home failed to provide the level of care required by law, you can file a lawsuit seeking compensation for your loved one’s injuries.

What To Do If You Suspect Nursing Home Neglect

If you suspect your loved one is not receiving the care they deserve, you must act quickly to protect their well-being and preserve evidence that could be used to show the facility failed to provide adequate care.

Document What You See

Take photos and videos of unsafe conditions, signs of neglect, and any visible injuries to your loved one.

Request Medical and Facility Records

Request copies of your loved one’s medical charts, treatment logs, and medication administration records.

Report the Problem

Report your concerns to the nursing home administrator. In the best case, they will take steps to correct the problem. If they do not, you will have created a record of the problem that can be used to show the nursing home knew of your concerns but failed to address them. You should also consider filing a complaint with the Ohio Department of Health or Adult Protective Services.

Contact an Experienced Nursing Home Negligence Attorney

The nursing home negligence attorneys at Robenalt Law will act quickly to preserve evidence, identify and interview witnesses, and demand accountability from the negligent facility.

How to File a Lawsuit Against a Nursing Home

Our legal team can file a nursing home negligence lawsuit on your behalf. We will thoroughly review the materials you provide, including photographs, videos, medical records, and other evidence of substandard care. We will also conduct our own independent investigation.

Once we have gathered sufficient evidence to prove the nursing home was negligent, we will file a lawsuit and use the legal process to obtain additional information. This typically includes records requests and depositions, as well as taking testimony from various experts. In most cases, we will attempt to negotiate with the nursing home’s representatives to try to reach a fair resolution. But if no satisfactory resolution is forthcoming, we have the experience and resources required to take your case to trial, where we will fight to hold the negligent actors responsible for the harm they caused.

Contact Robenalt Law Today

Robenalt Law has offices in Cleveland and Columbus, and handles nursing home negligence claims throughout Ohio and nationwide. Call our Cleveland office at (216) 223-7535 or our Columbus office at (614) 695-3800 or contact us online to schedule a free, confidential, no-obligation appointment to discuss your situation and how we can help.