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How to Choose a Nursing Home

Spangenberg Shibley & Liber Cleveland OH Litigation Lawyers Video

http://www.spanglaw.com 216-696-3232 Spangenberg Shibley & Liber in Cleveland, Ohio handles civil litigation matters, including personal injury, product liability and medical malpractice. Contact the experienced trial attorneys for representation.

Verdicts & Settlements

• $15 million judgment against a trucking company for tractor trailer collision resulting in wrongful death and personal injuries.

• $8.5 million medical malpractice settlement for delay in evaluating spinal hematoma resulting in quadriplegia.

• $5.1 million medical malpractice verdict, including interest on the judgment, for failure to diagnose injury to the common bile duct. Case went to the Ohio Supreme Court on appeal which held for the Plaintiff.

• $5 million settlement for Vioxx users who suffered heart attacks and strokes.

• $4.8 million medical malpractice verdict, including interest on the judgment, for the wrongful death of a patient who died of a preventable heart attack.

• $4.8 settlement for medical malpractice of a neurologist who verified to the Division of Motor Vehicles that his patient was safe to drive despite uncontrolled seizures and non-compliance with taking seizure medication. Plaintiff was rendered quadriplegic when the neurologist’s patient collided into the back of Plaintiff’s car after losing control of his vehicle during a seizure

• $4.5 million settlement for medical malpractice and wrongful death of pregnant mother who died of thiamine deficiency due to severe vomiting during pregnancy.

• $4.1 million settlement on behalf of a group of creditors who were deceived into extending credit to a mutual customer based on false and misleading financial information provided to them by a bank.

• $2.7 million verdict in federal court for the wrongful death and personal injuries in a trucking accident.

• $2.7 million settlement for wrongful death caused by defectively designed 55 gallon pump.

• $2.6 million settlement against a West Virginia County Sheriff’s Department and Deputy for wrongfully shooting criminal suspect in the back rendering him a permanent quadriplegic

• $2.35 million settlement for products liability suit against auto manufacturer arising from severe brain injury suffered in single car crash caused by defective steering system.

Selecting the Right Nursing Home

The decision to place an elderly parent or loved one in a nursing home is one of the most difficult and emotional decisions a family can make. Even in the best of circumstances, with the most reputable facilities, the transition can be emotionally wrenching for the entire family. Given that the facility you choose is likely to take on the vast majority of your loved one's care — everything from assisting with daily activities like eating and dressing to providing medical care like physical therapy and check-ups — it is important that you carefully research the nursing home and thoroughly investigate the facility you choose.

Here are some steps that can help ensure your loved one receives quality care:

Determine the type of care your loved one requires, and locate facilities that provide that type of care in your area.

  1. Does your family member need assistance with the majority of the activities of daily life, such as eating and dressing, and will he or she require this assistance for the foreseeable future?
    If so, your loved one likely requires long-term custodial care. Is your loved one recovering from an illness or medical procedure, and requires only short-term assistance during that recovery period? If so, he or she likely requires only short-term recovery care.
  2. Compare the quality of the facilities in your area.
    Every year, the Centers for Medicare and Medicaid Services collect data on more than 15,000 nursing homes throughout the country. They gather health inspection data, staffing and other quality measures to produce an overall ranking of one to five stars. This information is available on the Medicare website. Be sure to compare the rankings of the facilities you are considering.
  3. Visit the facilities. Nothing can replace an in-person visit to the nursing home you are considering. Be sure to visit more than once and at different times of day. Ask to tour the facility on your own. Trust your five senses and your instincts. Does the facility have an odor? Are the staff members friendly and interacting with the residents? Are the rooms and common areas clean and bright? While you're at the facility, speak with the staff and the other patients. Sometimes a casual conversation can reveal a lot about the facility, including whether your loved one will be happy there.
  4. Develop a list of questions and ask to speak to the director of the facility.
  5. Call your ombudsman for more information. Every state has a federally funded long-term care ombudsman who acts as an advocate for nursing home patients. The ombudsman can tell you if there are state or local rankings available in addition to the Medicare ratings. The ombudsman can also direct you to the latest information regarding specific nursing homes, including health inspection reports and complaints.
  6. Once you choose a facility, ask whether it requires you to sign an arbitration agreement. An arbitration agreement will require you to resolve disputes with the facility outside of court. They often limit your rights and remedies in the event of a dispute or, worse yet, an injury to your loved one. In many states, including Ohio, you cannot be forced to sign an arbitration clause before being accepted into a nursing home. If a nursing home won't accept your loved one without an arbitration agreement, you should look elsewhere.
  7. Execute a power of attorney for your loved one before he or she enters the facility. In the event of an incident or injury, you need to have a properly executed power of attorney to get quick access to medical records and investigation reports. You don't want to have to jump through these hoops while also trying to handle such a difficult and potentially tragic situation as an injury.
  8. Know your rights. You and your loved one have rights. They are set forth in Ohio's Nursing Home Residents' Bill of Rights. Facilities are required to provide you with a copy of the relevant provisions, and to post a copy in the facility.
  9. Keep the lines of communication open. Many problems can be addressed, or avoided entirely, with open communication. Start with the understanding that you, your loved one and the facility will maintain communication, and then keep in touch. Nothing substitutes for communication to keep the staff focused on providing top-level care.

Read about what to do if you suspect nursing home abuse or neglect, and learn more about our nursing home abuse attorneys.

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