Unfortunately, many nursing homes in Ohio neglect their residents. They don't maintain sufficient staff, hire proper people, train their staff appropriately, or oversee them well. As a result, many nursing homes provide substandard care. If you review nursing homes on the Medicare Care Compare website, you'll see that many have low ratings, often one star overall or for staffing, and some have even been cited for abuse.
In addition to the difficult decision of placing a loved one in a nursing home, you might need to decide which lawyer to hire if they face neglect or abuse. This is a crucial choice that can determine whether your loved one gets justice.
I often see attorneys advertising for nursing home cases without any real experience. Unfortunately, part of my practice involves legal malpractice claims — suing other attorneys who have mishandled nursing home cases. It’s incredibly frustrating to see families denied justice because they hired the wrong lawyer. If those attorneys had referred the case to me, I could have properly represented the family and obtained justice for them.
Questions to Ask When Hiring an Attorney
One of the key questions you should ask a lawyer is how many cases they have tried against nursing homes. I have represented more plaintiffs against nursing homes for neglect or abuse than any other attorney in Ohio.
Experience with Ohio Supreme Court Cases
The Ohio Supreme Court has only decided two cases involving the rights of nursing home residents. I represented the plaintiff in Hayes v. The Oakridge Home (122 Ohio St. 3d 63, 2009 Ohio 2054), which addressed the issue of involuntary arbitration in nursing homes. Many nursing homes hide arbitration clauses in admission agreements, trying to keep cases out of court and force binding arbitration, which often results in smaller compensation for families. We’ve fought these clauses for over twenty years, with numerous successes in Courts of Appeals and the Ohio Supreme Court.
In Cramer v. Auglaize Acres (113 Ohio St. 3d 266, 2007 Ohio 19467), I didn’t represent the plaintiff, but I was asked by the Ohio Association for Justice to write the Amicus Curiae Brief for the Ohio Supreme Court. We secured a favorable outcome regarding nursing home residents' rights.
These are the only two Ohio Supreme Court cases involving nursing home residents' rights, and I have been involved in both.
Notable Case: Esther Piskor
It was a privilege to represent Esther Piskor, who was tragically abused by nursing home staff. Her family sought representation from multiple law firms but was repeatedly turned down. Eventually, I represented her family, and we pursued the case successfully. Esther’s Law, which guarantees families the right to place cameras in nursing home rooms to monitor their loved ones, was passed in response to this case.
I have been dedicated to nursing home residents' rights for over twenty years. I teach other attorneys how to handle these cases nationwide, and I am a proud member of the Nursing Home Litigation Group, part of the American Association for Justice.
If your loved one has been neglected or abused in a nursing home, call us at 1-800-OHIO-LAW. We have the experience and reputation needed to fight for justice, often taking cases all the way to trial and beyond.