Legal Question in Personal Injury in Ohio

My mother is in a nursing home .they are short staffed, and they admit to that fact. A few day's ago she was hit by another patient in the chest. A day or so later this man backhanded her in the face. My brother said this is the second time, now what are you going to do about it! They moved him to another room down the hall. A day or so later this man shoved her down and severely broke her hip! She had surgery,the doctors put a rod in the hip and pins.she is in horrible pain. My mom is 86 years old.


Asked on 8/23/17, 5:06 pm

2 Answers from Attorneys

Howard Mishkind Mishkind Kuwlicki Law Co. L.P.A.

The nursing home has an obligation to keep all residents safe and free from physical abuse. If they were shortstaffed and failed to keep your mom safe and knew or should have known that this other resident was combative or had the potential to cause harm to other patients and in fact had previously harmed your mom then they had a duty that they obviously did not comply with. There are a number of things that can be done for your mom and you should definitely speak with an attorney in your area to discuss the options. You will need to tell the attorney the name of the nursing home so thatit can be determined whether this facility has been cited on previous occasions. Please feel free to call if you have any further questions or would like to discuss this potential claim.

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Answered on 8/23/17, 7:45 pm


John Sauter Cloppert, Latanick, Sauter & Washburn

The nursing home could be liable for your mother's unfortunate injuries. Generally speaking, a party may be liable for the criminal acts of a third party if they knew or should have known that an criminal act (shoving someone - an assault) was likely to occur and they did not take the proper precautions to stop it. I am a Springfield resident practicing law in Columbus and would be happy to take a further look at your claim.

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Answered on 8/24/17, 5:33 am

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