Northern Kentucky & Cincinnati, OH Elder Abuse Attorney
Protecting the Rights and Dignity of the Elderly in Ohio and Kentucky
Families across the U.S. trust nursing homes, long-term care facilities, and hospitals to provide essential care for elderly Americans. When that trust is broken, a Northern Kentucky & Cincinnati, OH Elder Abuse Attorney can play a crucial role in protecting your loved one and holding negligent facilities accountable. At Lawrence, Beirne & Lewis, we understand how overwhelming it can feel when you suspect abuse or neglect, and we are here to guide families throughout Greater Cincinnati and Northern Kentucky.
Elder abuse or neglect can be the result of intentional malice, lack of adequate resources, or carelessness. Whatever the cause, Lawrence, Beirne & Lewis provides professional legal services for seniors who have suffered from hospital, care facility, and nursing home abuse. Our team is passionate about defending elders’ rights and holding responsible parties accountable. We advocate for victims and their families across Greater Cincinnati and Northern Kentucky.
Are you concerned about an elderly family member’s care? If so, allow our Northern Kentucky and Cincinnati medical malpractice lawyers to help. You can call our law office toll-free by dialing (800) 698-4054. You can also reach our Kentucky office at (859) 578-9130 or our Ohio office at (513) 651-4130, or reach out online for assistance.
Let’s Discuss Your Potential Case
Schedule a Free Consultation
Understanding Elder Abuse and Neglect
According to the Ohio Revised Code, adult abuse occurs when an adult inflicts injury, unreasonable confinement, intimidation, or cruel punishment that results in physical harm, pain, or mental anguish. Abuse can be self-inflicted or inflicted by another. Ohio law defines neglect as failure to provide goods or services necessary to avoid physical harm, mental anguish, or mental illness. Abandonment of an adult by their caretaker also qualifies as neglect.
Kentucky Revised Statutes Chapter 209 outlines matters of elder abuse and neglect. Under Kentucky law, the infliction of any injury, sexual abuse, unreasonable confinement, intimidation, or punishment can qualify as abuse if it results in physical pain, physical injury, or mental injury. Neglect includes any situation in which an adult is unable to perform or obtain goods and services necessary to maintain health or welfare. If a caretaker deprives an adult of such services, it qualifies as neglect.
Common Types of Elder Abuse in Care Facilities
Lawrence, Beirne & Lewis’s elder abuse lawyers can help families sue for the following types of elder abuse and neglect:
Physical Abuse
Physical abuse occurs when someone causes harm, injury, or distress through physical contact. This can include more overt abuse, such as hitting, kicking, or shoving. Restraining an elderly person against their will is another form of physical abuse. Seniors are often particularly vulnerable to physical harm, so even rough handling can qualify as abuse if it results in harm.
If you notice signs that your loved one has been physically abused by nursing home or assisted living facility staff, consult with an attorney as soon as possible. Lawrence, Beirne & Lewis’s Kentucky and Ohio personal injury lawyers help families pursue justice for elder neglect and abuse.
Elder Neglect
Caregivers, nurses, and other staff members sometimes fail to meet a senior’s physical, emotional, or social needs. Neglect can have serious consequences on an elderly person’s health. For example, failing to meet a senior’s dietary needs can result in malnutrition or dehydration. Medication errors and untreated health issues are also common examples of elder neglect.
Caregivers and medical professionals owe a duty of care to their elderly patients. When they breach this duty, they can be held liable in a court of law. Speak with medical breach of duty attorneys in Ohio and Kentucky to learn more about how to hold negligent parties accountable for elder neglect.
Emotional or Psychological Abuse
Emotional abuse can include a wide range of harmful behaviors. Yelling, calling names, intimidating, or threatening an elderly patient or resident are forms of abuse. Likewise, state laws generally consider using hurtful words or humiliating a senior to be abuse. Ignoring or intentionally isolating a senior can also have a severe negative impact on their mental well-being. The elder law attorneys at Lawrence, Beirne & Lewis provide support for elderly victims of emotional and psychological abuse.
Financial Exploitation
Elderly financial abuse occurs when someone steals the elderly person’s money or belongings. Theft via forged checks or unauthorized credit card use is a common type of financial exploitation. Someone may attempt to control your loved one’s finances or estate by changing names on bank accounts, wills, life insurance policies, deeds, or other important documents or accounts. Sometimes, people coerce an elderly person to give away their belongings or money.
Finance and asset protection were likely the last things on your mind when your elderly family member entered either the hospital or their current care facility. If you have any reason to believe that someone is stealing from an elderly loved one, act quickly. The Lawrence, Beirne & Lewis team can offer advice on how to protect assets and finances.
Warning Signs of Elder Abuse or Neglect
How do I know if I have a medical malpractice case for elder abuse or neglect? First, you should look out for common warning signs of elder abuse and neglect. Unexplained injuries, such as bruises, burns, and cuts, are a common sign of elder abuse and neglect. Injuries may result from physical abuse, such as rough handling or hitting. Alternatively, some injuries may be a sign of staff members’ negligence. Pressure sores, or bedsores, commonly occur when seniors are left to lie in the same position for too long, cutting off blood flow to certain areas of their body.
Poor hygiene can indicate that the staff are not helping your relative bathe, change, or go to the restroom. If your loved one suddenly experiences weight loss, caregivers may not be meeting their dietary needs. Negligent staff may also fail to offer proper medical care, whether through misdiagnosis, failure to treat, or medication mistakes.
Take note of any emotional changes in your elderly family member. If they seem unusually withdrawn or depressed, try to find out why. If they seem fearful, especially of certain staff members or other individuals, pay close attention. These changes can indicate abuse or neglect.
Keep an eye out for any missing valuables. If your family member’s money or belongings have disappeared and no one seems to know where they are, someone may have stolen from them. If you have access to their finances, look out for any suspicious financial activity.
Where Elder Abuse Most Frequently Occurs
Although elder abuse can occur in many places, it frequently occurs in health facilities meant to provide care for elderly patients or residents.
Nursing Homes and Assisted Living Communities
Whether due to the regular struggles of aging, disability, or some other incapacity, elderly individuals often need more help for day-to-day living. Nursing homes and assisted living facilities provide much-needed care for those seniors. Unfortunately, such facilities are not free from abuse and neglect.
Pay attention to any signs of assisted living or nursing home abuse. Whether you notice signs of physical, emotional, or financial abuse, you should act quickly. If your loved one complains of being left alone for long periods of time or not receiving adequate care, they may be a victim of assisted living/nursing home neglect. Speak with our Kentucky and Ohio nursing home abuse attorneys today for legal guidance.
Long-Term Care and Rehabilitation Centers
Long-term care services involve offering medical or day-to-day care for those who cannot take care of themselves. Rehabilitation focuses on helping individuals recover physically, mentally, and cognitively from disease or injury. Long-term care and rehabilitation are sometimes offered by nursing homes or assisted living facilities. However, not all long-term care facilities or rehabilitation centers are living facilities.
Although the purpose of these facilities is to offer daily or medical care, the quality of care may be lacking. If a medical professional is too rough during rehab work or if long-term care staff fail to meet care needs, seek consultation with an elder law attorney at Lawrence, Beirne & Lewis.
Hospitals and Skilled Nursing Facilities
Seniors may also experience abuse or neglect when seeking medical treatment from hospitals or nursing facilities. Medical staff may make crucial errors during diagnosis, surgery, or medication administration. Failure to maintain safe and clean environments can also create significant risk for seniors, potentially leading to falls or infections. Hospitals and medical facilities can also be held responsible if they hire incompetent staff.
Seeking qualified legal help is key to successful medical malpractice lawsuits. Discuss your legal options with our Ohio and Kentucky hospital negligence lawyers today.
Holding Negligent Nursing Homes and Hospitals Accountable
Under both Ohio and Kentucky state laws, medical facilities and staff owe a duty of care to their patients and/or residents. Failure to meet the accepted standard of care can be grounds for a medical malpractice or negligence lawsuit. Standards of care can vary significantly from case to case and depend in part on the patient’s specific needs.
Medical negligence may not always be intentional. Many facilities suffer from understaffing, which significantly contributes to medical negligence. Understaffing may lead to poor supervision, which increases potential risks. Training failures leave medical staff unprepared to provide necessary care, which also leads to negligence.
Determining liability for elder abuse or neglect is a crucial step to suing for compensation. Individuals, such as doctors, nurses, or other staff members, may be held accountable for abuse or neglect. In some cases, the entire medical facility may share a portion of liability. Corporate owners or management entities may also be held liable if their policies or management practices led to abuse or neglect.
Legal Rights of Nursing Home Residents in Ohio and Kentucky
Federal law and state law protect nursing home residents by outlining specific rights. Under the Nursing Home Reform Act, nursing home residents have the right to be treated with respect, to participate in activities, and to receive proper medical care. Furthermore, this federal act guarantees residents’ rights to be free from discrimination, abuse, neglect, and restraints. Other rights include, but are not limited to, making complaints, managing one’s own money, and privacy rights.
Many of these federal rights are echoed in state legislation regarding residents’ rights. Like federal law, both Ohio and Kentucky state laws detail a resident’s right to be free of physical and mental abuse. However, differences in each state’s laws can impact how cases of elder abuse or neglect are handled. For example, while Kentucky details a resident’s right to visual privacy in multibed rooms, Ohio does not list this as a right.
Lawrence, Beirne & Lewis’s Ohio and Kentucky nursing home abuse attorneys understand the nuanced differences between OH and KY residents’ rights. As your legal representation, we will carefully study how relevant residents’ rights laws apply to your case.
Proving an Elder Abuse or Neglect Claim
The first step to take when you suspect elder abuse is to report it to the proper authorities. The Ohio State Ombudsman’s Office helps resolve issues for elderly individuals receiving home care, assisted living care, or nursing home care. Call them toll-free at 1-800-282-1206 or find the long-term care ombudsman program near you. You can also report elder abuse to the Ohio Department of Health.
Kentucky residents can report elder abuse to the Adult Protection Branch of the Cabinet for Health and Family Services. Alternatively, you can call the Elder Abuse & Neglect Hotline at 1-877-228-7384. The investigations of these agencies can play a huge role in the success of your case.
Next, gather relevant evidence to support your case. Medical records detailing the senior’s health issues and treatments will be useful. Likewise, nursing homes and living facilities should keep documentation of the senior’s care and any issues that occurred during their stay. You should also record statements from any witnesses to the abuse or neglect.
All of this evidence will help your attorney demonstrate the 4 Ds of negligence:
- Duty: The defendant owed the senior a duty of care.
- Deviation: The medical professional or facility breached that duty by deviating from the expected standard of care.
- Damages: The senior suffered physical, emotional, or financial harm.
- Direct Causation: The breach of duty directly caused those damages.
Understanding these elements helps build a strong elder abuse or neglect claim and allows your attorney to show exactly how the facility or caregiver failed to meet the standard of care.
Compensation Available in Elder Abuse and Neglect Cases
Victims of elder abuse and neglect can receive compensation for a wide range of damages. Compensation may include economic damages, which are damages with a specific monetary value. For example, courts may award compensation to cover medical and rehabilitation expenses resulting from the abuse or neglect. Seniors can also recover non-economic damages such as emotional distress, pain, and suffering.
In some instances, victims may also be eligible to receive punitive damages. Generally, courts only issue punitive damages in extreme cases, such as when the defendant acted with malice or consciously disregarded the safety of others.
Why Choose a Covington-Cincinnati Personal Injury Lawyer From Our Firm for Your Elder Abuse Case?
Pursuing legal action against medical professionals and facilities can be a difficult process. Many of these facilities hire experienced legal assistance to protect their interests. Hiring an attorney with relevant experience and knowledge is essential to your case’s success.
The attorneys at Lawrence, Beirne & Lewis have decades of experience in handling complex elder abuse and neglect claims. We use that experience to your benefit, providing reliable guidance throughout the entire legal process and helping you avoid costly mistakes. Our elder law attorneys have proven success in protecting vulnerable residents and their families. With offices in both Cincinnati, OH, and Covington, KY, access to legal assistance is easy.
How The Lawrence Firm Handles Elder Abuse Cases
The Lawrence, Beirne & Lewis legal team puts in the work to build strong cases on behalf of our clients, starting with a thorough investigation of the care facility in question. We’ll check the care facility’s operations and policies to ensure they align with state and federal standards. Our attorneys will carefully track anything that does not meet the required regulations. We also gather other relevant evidence, including medical documents, reports, and any documentation you can provide of the incidents of abuse.
Calling on expert witnesses in medical malpractice cases or elder abuse cases can have a significant impact on the outcome of your case. As part of our comprehensive approach to elder abuse cases, we collaborate with medical and elder care experts. Our law firm represents clients throughout negotiations with the defendant’s legal team and, if necessary, at trial. Our attorneys work diligently to help clients like you obtain maximum recovery.
If You or a Loved One Have Experienced Elder Abuse, Call Lawrence, Beirne & Lewis for a FREE Consultation Right Away
Learning that your elderly loved one was mistreated by the people meant to take care of them can be an extremely upsetting experience. The good news is you do not have to figure out what to do next on your own. Lawrence, Beirne & Lewis’s experienced attorneys provide insight into elder law, ensuring that our clients can make informed decisions about how to address legal issues. Our team offers passionate advocacy for elderly victims. We aim to secure a better future for seniors by helping them obtain the compensation they need to heal and recover damages.
Trust Lawrence, Beirne & Lewis for elder law services in Cincinnati, Ohio and Northern Kentucky. Our team offers free consultations for elder abuse and neglect cases. Contact us online or call today to schedule your free initial meeting with our lawyers. Call (859) 578-9130 to reach our Kentucky office or call (513) 651-4130 to reach our Ohio office. You can also call toll-free at (800) 698-4054.