Industry News and Plakas Mannos Law Firm Updates

How Plakas Mannos Fights Against Nursing Home Negligence

Written by Maria C. Klutinoty Edwards | Apr 4, 2024 3:22:28 PM

According to Centers for Medicare & Medicaid Services (CMS) data, as of July 2022, approximately 1.2 million people resided in more than 15,000 certified nursing homes in America. As vulnerable members of society who are oftentimes elderly or infirm, nursing home residents deserve the highest standard of care and respect for their rights. However, because it is often the most vulnerable among us who reside in a nursing home or other types of extended care facilities such as an assisted living facility, cases of neglect, negligence, and abuse often go unrecognized.  

In Ohio, understanding the Patient Bill of Rights is crucial, particularly in the context of pursuing a nursing home negligence case. At Plakas Mannos, our medical malpractice and nursing home negligence legal team has a proven track-record of success in advocating for those who have suffered due to nursing home negligence, utilizing our deep knowledge of Ohio law to ensure justice is served. 

Ohio's Patient Bill of Rights is Meant to Protect Nursing Home Residents 

Ohio's Patient Bill of Rights serves as a fundamental protection for individuals receiving medical care, including those in nursing homes. This bill was enacted to safeguard patients’ dignity, autonomy, and well-being. The legislation outlines various rights and responsibilities applicable to residents of extended care facilities. Among these rights, which are codified at Revised Code 3721.13, are the rights to: 

  1. a safe and clean living environment; 
  2. be free from physical, verbal, mental, and emotional abuse and to be treated at all times with courtesy, respect, and full recognition of dignity and individuality; 
  3. adequate and appropriate medical treatment and nursing care; 
  4. have all reasonable requests and inquiries responded to promptly; 
  5. participate in decisions that affect the resident’s life; 
  6. access to all information in the resident’s medical record;  
  7. give or withhold informed consent for treatment after the consequences of that choice have been carefully explained; 
  8. confidential treatment of personal and medical records, and the right to approve or refuse the release of these records to any individual outside the home; 
  9. not to be transferred or discharged from the home to a location that is incapable of meeting the resident’s health care and safety needs; and 
  10. to have any significant change in the resident's health status reported to the resident's sponsor. 

 

Expertise in Nursing Home Negligence Cases 

However, the Patient Bill of Rights does not enforce itself. If you or a loved one has suffered abuse, neglect, or malpractice in a nursing home or other facility such as an assisted living facility, you should consult with an attorney to help you pursue accountability including in attempts to ensure such never happens again to your family or others. Our team of nursing home negligence lawyers is comprised of seasoned legal and medical professionals with extensive experience in advocating for victims of nursing home neglect. Here's why clients trust us with their cases: 

  1. Expertise in Ohio Law: Our attorneys possess a deep understanding of Ohio’s legal landscape, including the nuances of the Patient Bill of Rights and how it applies to nursing home negligence cases. We leverage this expertise to build robust cases and hold negligent parties accountable. 
  2. Compassionate Representation: We recognize the personal and emotional nature of nursing home negligence cases and approach each client with empathy and compassion. Our team is dedicated to providing personalized attention and support throughout the legal process. 
  3. Proven Track Record: Over the years, we have achieved numerous successful outcomes for our clients affected by nursing home neglect, including a record-setting verdict, a $7.5 Million settlement, and other excellent outcomes. Whether through negotiations or litigation, we tirelessly advocate for the rights of those who have suffered due to nursing home negligence.

Our Proven Track Record of Success 

In Ohio, the Patient Bill of Rights serves as a beacon of protection for nursing home residents, guaranteeing their dignity, autonomy, and safety. However, cases of neglect and abuse still occur, highlighting the need for vigilant advocacy and legal representation. The Ohio Patient Bill of Rights isn’t self-regulating, it depends on individuals and lawyers stepping forward when the Bill of Rights has been violated to fight for justice and compensation for violation of those Rights. Below are a couple examples of ways in which Plakas Mannos was able to enforce our clients’ rights under the Patient Bill of Rights and obtain compensation for their families.  

A Record-Setting Verdict, Resulting in Over $2.4 Million Judgment

One example of our dedication occurred when Plakas Mannos won the then-largest verdict against an assisted living or nursing home in the history of Northeast Ohio which included claims for violating the Patient Bill of Rights. Attorneys Lee Plakas and Megan Frantz Oldham went through a lengthy trial in federal court in the Northern District of Ohio, and the jury rendered a verdict in favor of our elderly client’s estate. This resulted in a total judgment of over $2.4 Million. The defendant was represented by three separate law firms from three different states.

A $7.536 Million Settlement for an 84-Year-Old Resident’s Suffering and Death 

Additionally, after a week of trial, Plakas Mannos’s trial team of attorneys Lee Plakas, Megan Frantz Oldham, and Maria Klutinoty Edwards secured a $7.536 million settlement for an 84-year-old woman who was a victim of negligence at an assisted living facility in the Akron / Canton area. Through the multi-year pendency of this case, our team was able to tell our client’s – and her family’s – story, obtain accountability for the preventable mistakes that led to our client’s death, and take steps to achieve meaningful safety changes in the assisted living industry.

When Only the Best Will Do, Call Plakas Mannos 

Plakas Mannos attorneys have both settled and tried cases against negligent nursing homes. Our array of nursing home negligence cases handled include cases involving medication errors, falls, medication side effects that were ignored, and other instances of neglect. We have also handled nursing home abuse cases, including nursing home sexual abuse cases.   
 
From its wide array of experience, Plakas Mannos understands that each nursing home case is unique and requires a tailored legal strategy. Our team of nursing home negligence attorneys approaches every client and situation with dedication, compassion, and keen attention to detail. By thorough investigation and careful analysis of the circumstances, we are able to identify the specific elements that will be critical in securing compensation and justice. Our in-house physician, Dr. Allison Kreiner, is very important to this process and is an invaluable assets for our firm and our clients.   

Plakas Mannos goal is to go above and beyond to secure compensation and justice for our clients and their loved ones who have been affected by nursing home negligence. Through collaboration, strategic planning, and an unwavering commitment to our clients' best interests, we do everything we can to navigate the legal process effectively and obtain justice for our clients.   

If you or a loved one have been affected by nursing home neglect, don't hesitate to reach out to our experienced legal team.

 

 

Meet the Nursing Home Negligence Team