Nursing Home Abuse

“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny

Nursing Home Abuse

Nursing Home Abuse Lawyer Cleveland

 

Ohio Nursing Home Abuse

As an elder abuse attorney for more than 40 years, I have fought for the rights of our senior citizens and their families against some of Ohio’s largest nursing homes and skilled care facilities.  Our growing senior population will undoubtedly see a rise in horrific abuse and nursing home neglect, and I will fight to MAKE THEM PAY!®.

Preying on seniors is unfortunately a common occurrence in Ohio nursing homes and across the country.  When nursing home negligence escalates to nursing home abuse, the ramifications can be heart breaking.  With nowhere to turn, our elderly loved-ones need an expert in their corner. With only 1 in 14 cases of abuse estimated to be reported, it is time we hold those individuals and organizations accountable.

Types Of Abuse

 

Lack of medical care

Lack of medical care in a nursing home is a form of nursing home malpractice. Lack of proper medical care can result in harm, distress and even death for residents in these facilities.

When nursing home residents do not receive the medical care they require, it can have serious implications for their health and overall well-being. It may lead to the deterioration of existing health conditions, the development of preventable complications, increased pain and suffering, and a decline in quality of life. Furthermore, the lack of medical care may also be accompanied by emotional distress and feelings of neglect or abandonment.

Care managers in nursing homes may lack awareness of elder abuse and neglect, which can result in an oversight of patient safety issues. The staff responsible for managing and providing care may not have the necessary knowledge and strategies to identify cases where residents are not receiving adequate medical attention.

If you have a family member in a nursing facility, and worry their medical care is being compromised, let’s discuss the situation. Call me today!

Pinching, poking, hitting or harming a resident

Pinching, poking, and hitting are forms of elder abuse in nursing homes. Abuse is non-accidental actions or failures to take necessary actions that result in real or potential harm to a person.

Physical abuse involves the intentional use of physical force that causes pain, injury, or impairment to an elderly person. When these actions occur within the context of a nursing home, where older individuals should be receiving proper care and protection, they constitute a violation of trust and the basic human rights of the residents.

In nursing homes, residents are particularly vulnerable to physical abuse due to their age, potential physical frailty, and dependency on caregivers. Physical abuse can lead to severe physical injuries, including bruises, cuts, fractures, and internal damage. Furthermore, it can have a significant impact on the emotional and psychological well-being of the victims. This causes fear, anxiety, and a loss of trust in their caregivers and environment.

It is important to recognize that symptoms of physical abuse may not always be apparent, especially in cases where the victims have cognitive impairments, such as dementia. Symptoms of abuse can be subtle, and changes in behavior may be difficult to distinguish from the symptoms of the underlying conditions. Therefore, it is crucial for family members, staff, and other stakeholders to be vigilant and observant. Pay attention to any signs or suspicions of abuse.

If pinching, poking, or hitting is observed or suspected, it is essential to take immediate action. Reporting the abuse to the appropriate authorities, such as Adult Protective Services, can help ensure the safety and well-being of the affected individuals. Elder abuse should never be tolerated. Furthermore, measures should be taken to prevent and address such incidents, promoting a safe and compassionate environment for all nursing home residents.

Preventing physical abuse is important, but that does not mean if abuse occurs, it should not go unpunished. It breaks my heart to know that elderly abuse occurs. If you or a loved-one was hurt as a result of elder abuse in a nursing home, call me! I will find out what happened, and I’ll Make Them Pay!®

Emotionally terrorizing a resident

Emotional abuse of a nursing home patient is a form of mistreatment where an elderly person is subjected to repeated acts or behaviors that cause harm, distress, or psychological suffering. This abuse is characterized by various forms of verbal and nonverbal abuse.

Verbal abuse is one aspect that is relatively easier to identify when it occurs. It involves the use of harsh, insulting, or intimidating language towards the elderly individual. This may include yelling, name-calling, or subjecting the patient to demeaning remarks. Verbal abuse can significantly impact the emotional well-being of nursing home residents. This leads to feelings of sadness, fear, anxiety, and a loss of self-worth.

Nonverbal abuse may involve actions such as ignoring, isolating, or manipulating the resident. Caregivers may purposefully ignore the patient’s needs, isolate them from social interactions, or manipulate their emotions to exert control or cause distress. These forms of abuse can result in feelings of loneliness, helplessness, and a loss of trust in the people who should be caring for them.

This abuse in nursing homes can have severe consequences for the residents. Abuse can contribute to long-term mental health damage and even impact the physical health and overall well-being. Victims may experience depression, anxiety, withdrawal from social activities, changes in appetite, sleep disturbances, and other psychological and emotional symptoms.

Recognizing abuse is critical to exacting change. Common indicators include unexplained changes in behavior, increased agitation or withdrawal, sudden shifts in mood, fear or anxiety, and a general sense of unease around certain staff members or caregivers.

The jaw-dropping events that nursing home abuse lawyers fight to improve, are more than disturbing. Change is necessary, and holding abusers accountable is the first step. Let me help you and your family member, and maybe, we can finally help reform these practices!

Verbal abuse

Use of offensive language, insults, mockery, yelling, shouting, or demeaning remarks is despicable. It is an all too common form of emotional abuse that can have significant negative effects on patients.

Nursing home residents may already feel emotionally vulnerable due to the transition of moving into a new environment. Verbal abuse exacerbates this vulnerability, causing emotional distress and harm to the individuals. The abuse usually comes from nursing home staff, who hold positions of authority and should be providing care and support to residents .

Verbal abuse also includes making critical remarks, talking down to patients, or discussing them negatively with others. These actions belittle the dignity of the residents and can lead to feelings of shame, fear, worthlessness, and isolation.

This abuse may also contribute to the development or worsening of mental health issues such as depression, anxiety, and withdrawal from social interactions. Verbal abuse can create an atmosphere of fear and hostility, adversely affecting the overall quality of life for residents.

Verbal abuse often occurs behind closed doors and in the absence of witnesses. It is important to pay attention to these indicators or any discomfort your family member may be experiencing. Documenting changes and talking to your family can help you decide if help is needed. I am an experienced nursing home abuse lawyer and a valuable resource. I am available to you day and night. Call me!

Isolation

Isolation abuse is mistreatment where an elderly resident is intentionally or negligently subjected to prolonged periods of social or emotional isolation. This falls under the broader category of abuse and neglect, which includes various forms of mistreatment experienced by older adults in care facilities.

Isolation abuse occurs when nursing home residents are deliberately separated from social interactions, activities, or contact with family and friends. It can manifest in different ways, such as confining residents to their rooms without valid reasons or intentionally limiting their access to communal spaces. Social activity experiences may also be halted, which is extremely unhealthy for senior citizens.

Financial abuse

Financial abuse is another occurrence that is all too common. It is the illegal, unauthorized, or improper use of an elderly resident’s money, benefits, belongings, property, or assets for the benefit of someone other than the elderly adult.

Financial abuse can take on various forms, including theft, fraud, exploitation, or coercion. It may be committed by individuals who have contact with, or control over a nursing home resident, including caregivers, staff, and the business itself. Most often, the abuse occurs at the hands of those who have close relationships with the elderly resident.

The consequences of financial abuse can be devastating for nursing home residents. It can result in significant financial losses, leaving the elderly individuals vulnerable and unable to meet their basic needs or afford necessary care. It can also have a profound emotional impact, eroding trust, creating feelings of betrayal, and causing stress and anxiety .

Common indicators of financial abuse include sudden and unexplained withdrawals, unauthorized changes in financial documents and missing personal items. Also, significant financial activity involving the resident’s accounts, or the sudden appearance of previously uninvolved individuals in the resident’s financial affairs are things to look out for.

Preventing financial abuse requires a proactive approach. Family members, friends, and caregivers should educate themselves about the warning signs of financial abuse and remain vigilant. Involving multiple individuals in major financial decisions can add an extra layer of protection. Regular monitoring of financial accounts and maintaining open communication with the elderly resident can help detect and prevent financial abuse.

Sexual abuse

Sexual abuse is any non-consensual or unwanted sexual activity or behavior imposed on an elderly resident. It is a distressing and alarming form of elder abuse that can occur within these care facilities.

While the percentage of reported sexual abuse in nursing homes is relatively small, researchers believe that misreported cases of physical abuse may contribute to the difficulty in accurately understanding the prevalence of sexual abuse in these settings. The underreporting of such incidents makes it crucial to raise awareness and be vigilant about this issue.

Sexual abuse in nursing homes can take on various forms, including but not limited to non-consensual sexual contact, unwanted touching, groping, and sexual assault. Other forms include coerced nudity, or exposing residents to sexual material without their consent. Perpetrators can include staff members, caregivers, fellow residents, or even visitors to the facility.

Identifying signs of sexual abuse in nursing home residents can be challenging, particularly because victims may be hesitant or unable to communicate the abuse. However, physical indicators such as unexplained bruising in genital areas, breasts, or inner thighs, unexplained vaginal infections or bleeding, and pain or irritation in the genital area. Look for changes in behavior, withdrawal, anxiety, or signs of fear can be potential signs of sexual abuse.

Preventing and addressing sexual abuse in nursing homes requires a multifaceted approach. Family members, caregivers, and staff should receive appropriate training to recognize the signs of sexual abuse and be prepared to respond effectively. It is essential to create a supportive and safe environment that encourages victims to come forward and report any incidents.

Nursing homes should implement robust policies and protocols aimed at preventing and addressing sexual abuse. This includes thorough background checks and screenings for staff members and providing education and training on resident rights, abuse prevention, and reporting procedures. Regular monitoring, supervision, and accountability are essential to maintain a safe environment for all residents.

Our seniors have worked so hard to help create the incredible world we all enjoy and take for granted.  Protecting their safety and their dignity is my number one priority.

Nursing Home Abuse in Cleveland, Ohio

Unskilled caregivers, and even trusted medical staff can often be the perpetrators of elder abuse in nursing homes and assisted living facilities.  Recent Ohio ratings indicate extensive issues and record low scores, largely in part due to the quality of staff and the training they receive.

  • Training minimums reported to be 50% less than other states

  • Patient / resident to staff ratio lower than average

  • 41% of Ohio’s facilities received a POOR rating

  • 31 reported deaths in 3 years, as a result of care related issues

  • Over $6 million in fines in 3 years

Elder abuse is a serious offense in nursing homes. My unequivocal commitment to protecting our seniors and their dignity and safety is documented in over 40 years of successful outcomes. If you or your loved one was abused at a nursing home or skilled nursing facility, call me and I’ll Make Them Pay!®

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Krystle Banks
Krystle Banks
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DeAndre Merritt
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Jake Ferri
Jake Ferri
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I have no case and no one that I need Tim Misney to make pay, just wanted to say the best part of my day is getting to... drive by his billboards. His People's Eyebrow is immaculate and the new billboard with him on the motorcycle is downright bitchin'. Thank you Tim Misney for significantly improving the quality of my life.read more
Jennifer Malainy
Jennifer Malainy
22:44 19 Jul 22
My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM... MISNY and he will make them pay!! God Bless.read more
C M V
C M V
01:16 16 Feb 22
I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful,... professional, knowledgeable and responsive. Although they could not help us with our case, I would highly recommend them!read more
Stephen Burks
Stephen Burks
20:12 21 Jan 22
It really comes down to what people say and do when they don't think anyone that matters is listening or they'll get... anything in return.There's the Tim Misny you see on the billboards and on TV, but there's another Tim Misny that I know up close and personal.The Tim Misny I know is genuinely passionate about helping the hard working little folks who get pushed around the big folks. He actually, really honestly cares about people who run into bad luck at no fault of their own. Tim has quietly, out of the sight of cameras and with no fanfare shared generously with the marginalized in our society; single moms, Veterans and others without expecting anything in return.He calls them like he sees them and you wouldn't want to take your troubles to anyone else.read more
mark colucci
mark colucci
14:33 06 Dec 21
Mr. Misny is an angel here on earth and the BEST attorney in Ohio. He has helped my daughter who is in law school when... she needed the guidance most. He is a class act, a great family man, and extremely caring. If you need a lawyer in this field I would HIGHLY recommend. There is no other lawyer, in my opinion, better than Tim Misny.Thank you Tim for being a light in this community!read more
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
02:43 27 Nov 21
Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil... Pursuits!City, State and Above State Level Situation .Pro Se !read more
Gianna Colucci
Gianna Colucci
12:56 04 Nov 21
Mr. Misny is the best! I am a 27-year-old single mother, and I am finishing law school in May at Cleveland-Marshall... College of Law. When I found myself jobless during the height of the pandemic, I knew I needed help. Going into the legal profession, I wanted to be JUST LIKE Mr. Misny because I knew he was the most successful attorney in the industry. I called him up one day just for the hell of it to see if there was anyway he could help me. I never thought such a big name/reputation like him would respond to me. However, when he learned of my financial situation he PERSONALLY called my cell phone within 5 minutes of my email. Not only has he helped me secure employment, but he continues to teach me every single day what it takes to be the BEST lawyer in the legal profession. I am forever thankful for Mr. Misny. He changed my life. He continues to inspire me every single day, and I am so proud that he took me under his wing and is my mentor. He is the most intelligent, kindest, caring attorney I have ever met, and he is giving me the tools I need to be the most successful lawyer I can be o give my four-year-old son, Gregory, the life he deserves. THANK YOU MR. TIM MISNY. I owe my entire future legal career to you because if you didn't take the time out of your busy day to call me that day and help me when no one else would, I would not have been able to stay in law school. You change lives every single day. Keep being you Tim. There is no one like Tim Misny.read more
Brandon Hagerdon
Brandon Hagerdon
20:53 18 May 21
I met Tim 6 years ago when he was working with my mother. Since then we were able to stay in touch and build a... relationship. I reached out to Tim recently about an opportunity and he was able to connect the dots and help me with this. During this process he gave me his direct number to contact him if need be. If you are in need of any sort of help, I would recommend Tim every time.read more
Jimmie Graham
Jimmie Graham
19:26 30 Mar 21
Tim is hands down the best lawyer in town. He was able to guide me through the legal process and keep me informed at... all stages. Which allowed me to not stress and focus on life. He was able to get me the best deal possible in my court case. One thing that blew me away is that he gave me his direct cell number and answered anytime I had a question which is rare with most lawyers. 100% Misny is the guy! There's a reason he's on literally every billboard in Cleveland.read more
Paul McFadden
Paul McFadden
13:29 20 Jan 21
My relationship with Tim goes back over 30 years and is one of great trust and mutual respect. Tim represented me at a... critical point in my life and I will always be indebted to him for the difference he made. He is always just a phone call away.read more
Rick Miller
Rick Miller
18:55 21 Dec 20
If I could reach into the sky just to pull more than 5 stars down for a rating I would! I have used other lawyers in... the past and it was such a pain to reach them when I needed them. Tim is in all honesty there for you. He gave me his personal phone number, and at anytime or any day he answered. If I had to leave a message I could count to 10 and he would already be calling me back. He also was willing to talk on the weekends! He didn’t just forward me to an impersonal automated system or a person with no experience. I will NEVER use another person for legal advice. He’s gracious enough to give me guidance whenever I have a question. No matter how complex. This may sound like an advertisement but I assure you this man was more in touch when I had an issue than my own family. A reasonable and caring family man who will MAKE THEM PAY!Thank you Timread more
PJ Camargo/Authentik Movement Training
PJ Camargo/Authentik Movement Training
01:51 22 Oct 20
I've had the pleasure of getting to know Tim personally over the past 2 years. Beyond him being an incredible lawyer &... 'Jack of all trades ' he is an amazing friend. One thing I love most is that he is family oriented & always making quality time for his loved ones. He inspires me to be a great role model &father figure one day. Tim loves nature & shares the true beauty of nature with how he raises his kids. From biking through trails & having his kids learn how to nurture the family garden - he teaches valuable lessons on how to appreciate the world we live in. I know that Tim is just a phone call away & always urgent to responding no matter the situation. He has given me some of the greatest advice & continously throwing positive energy my way! I'm honored to know him & be a friend of his. He is the true practioneer of changing lives & paying it forward. He has taught me so much in just a short amount of time. Tim Misny, a man that wakes up every single day to make a difference!read more
Scott Plate
Scott Plate
16:49 10 Oct 20
Tim has created a highly visible and effective law practice, and despite his decades of experience, he has never once... forgotten why he got into this business in the first place: to help people. He puts his whole heart into his work, and he works hard for everyone he represents. He has a gift for tuning out the noise and tuning into the core of what his clients need, and making it clear he has heard them. As a result, we feel empowered. He is smart, resourceful, creative, positive, and solution-oriented. His abundant energy makes people feel better, stronger, and valued. He loves and promotes his community; he gives back generously, and he always leaves everything better than he found it. Tim is a true man of action, and a man of his word. Could not recommend him more highly.read more
Mike M
Mike M
04:44 09 Oct 20
As a young man, I worked at a local garden center. I came from a family that had too many problems to list. I felt I... was never destined to be anything good. I had always wanted to be a police officer since I was a little boy. But, one side of my family told me that I would never be good enough to do it. Anytime I brought it up, they knocked me down until I started to believe that I could never accomplish my dream. One day, about 20 years ago, while working at that garden center, a very tall man came in and asked me to help him select plants. As we walked around the garden center, he struck up a conversation with me. He was very friendly and kind. I was a skinny teenager in dirty blue jeans and a t shirt. This man was dressed very nicely and I was surprised at how nice he was to me. During our conversation, he asked me what I wanted to do with my life after school. I told him that I wanted to be a police officer but many people told me that I’d never make it. I told him how my very own father said I wasn’t smart enough, brave enough, and I was wasting my time. I remember looking at the ground while I explained this to him. The man stopped and got serious. His voice dropped an octave and he looked me dead in the eyes. He pointed his finger at me and told me that I could make anything of my life that I wanted. He told me that it was up to ME to make my life goals come true. He told me to ignore anybody who tells me otherwise. He assured me that if I studied hard in school and never gave up on my dreams that they would become a reality. He told me to say it. I said “I can do it”. In that moment, I thought that if a complete stranger saw something in me, than maybe it could be true.After I helped him through the checkout and he left, many different employees at the garden center asked me if I knew who that man was. I did not. They told me, “That’s Tim Misny!” Once I figured out “who” Tim Misny was, my confidence grew. It was a pivotal moment. One in which steered the rest of my life. His words stuck with me. I worked hard and obtained my Associate’s Degree in Criminal Justice. I was hired by a local Law Enforcement Agency at the age of 21. I was sent to the Ohio State Highway Patrol Academy, which was an extremely tough place to be, to say the least. At the Academy, they try to break those who don’t have a determined spirit. On days I wanted to quit, I remembered Tim’s words. Maybe it was fate, maybe it was random chance.... I’ll never know But, Tim Misny helped me have the confidence and determination that was necessary to be where I’m at today. I’ve been a law enforcement officer for over 16 years. I’ve told this story to many of my coworkers.Tim, you’ll never understand how your words that spring day helped shape my future. Your words enabled me to provide a great life for myself and my family. I’m forever grateful.Mikeread more
Eric Evans
Eric Evans
21:02 04 Oct 20
Tim has represented me twice, once 30 years ago and again just recently. I was too young to fully appreciate his... expertise when he represented me the first time (as i was a minor who was the victim of an accident - he won for us, incidentally), but I'm old enough and wise enough now to really appreciate how truly great he is. First off, how many attorney's actually give you their cell phone number and actually answer? I would contend very, very few. Secondly, he has a street fighter mentality combined with a sharp legal intellect which makes you immediately think "I'm so glad this guy is on my side." I was really in a bind recently and Tim came through in spades - he is THE person I would call if I were in trouble or needed help - at a minimum he would know who I should talk to and direct me there (he knows his own limits, which is the key to a wise person) - at a maximum he would take on my fight himself and I'd have full confidence in his ability to deliver the best possible outcome for me - he fights for you like you're family - can't say it better than that.read more
Benjamin Firstenberg
Benjamin Firstenberg
19:32 28 Sep 20
I worked as an intern for Tim the summer of 2017 and it was an unbelievable experience both for my career and personal... development. He treats his employees with a level of respect, appreciation and honesty that I've truly not seen anywhere else that I've worked. We've stayed in touch these past few years and I'm still learning from Tim, whether it be the way he sees the world, his career advice or his commitment to his family. He's an honest man who treats people honorably.read more
David Shelton
David Shelton
01:13 30 Jun 20
I don't know much about Tim the lawyer, but I do know about Tim the man. Tim the man befriended me as a youth and gave... me the motivation to excel in school. Tim the man wrote the letter that got me into college and got me a helpful scholarship. Tim the man gave me an internship while in college. Tim the man has been a friend to me for over ten years. He makes himself available day or night whether I need advice or just want to talk about the day. There a lot of stigmas about attorneys (and they are earned) but Tim Misny bucks the stereotype. And if Tim the lawyer is half a good as Tim the man, he will live up to his word, and make them pay.read more
Mike Mercer
Mike Mercer
00:16 17 Jan 20
WOW! It is the only way to describe the tremendous experience I was afforded, when I contacted and then retained Tim... Misny, to handle a case for me. I had been injured in an automobile accident and needed help and direction, Tim and his staff provided both.The personal attention and clarity of the matter and specifics, gave me a state of comfort and satisfaction that I could have found nowhere else! I will be forever grateful to have Tim Misny as my attorney and my friend!I am a businessman in the Greater Cleveland area and have directed various members of my staffs as well as personal friends to Tim for solutions to their personal injury case needs. All my referrals have been more than pleased with the service and personal treatment they have received from Tim and his staff.I strongly recommend Tim Misny and his associates should you ever need the finest legal services available in Ohio! Trust is his number one priority, trust in knowing that you will be his client second, his friend first!read more
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The Law Offices of Tim Misny

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Cleveland OH 44127
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Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.