Nursing Home Negligence

“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 Negligence

Nursing Home Negligence Attorney Cleveland


Nursing Home Neglect – Ohio Nursing Home Care is Inadequate at Best

Our golden years are typically a time to relax and enjoy the fruits of our labor.  For those of us who reside in a nursing home or assisted living facility, proper care and safety should never come into question!

Ohio leads the country with some of the WORST ratings for nursing home and skilled care facilities.  If you or your loved one has suffered an injury due to negligence at a nursing home or assisted living facility, call me!  We need to hold all responsible parties accountable. I’m a nursing home abuse lawyer and you deserve justice and fair compensation!

Nursing homes and assisted living facilities serve a variety of purposes. From short term care and rehabilitation following an injury or surgical procedure, to long term care and housing. Negligence of any kind is simply inexcusable.  When you have entrusted your care, or the care of a loved one to a licensed facility, the last thing on your mind should be elder abuse. Nursing home malpractice is too prevalent and the responsible parties must all be held accountable!

I have more than 40 years of experience as a Cleveland nursing home abuse attorney, and cases of neglect are intolerable. Let’s discuss your injury claim, or that of a loved one. Call me today for a free consultation!

Warning Signs Of Nursing Home Abuse And Neglect


Unexplained bruises, burns, or scars

Bruising on a patient in a nursing home may appear black and blue, green or yellow and range in size, shape, and color. Physical abuse may have a particular pattern or shape indicative of how and when they were inflicted. Hand-shaped bruises, loop marks caused by striking with a cable or cord, and linear bruising are signs of nursing home abuse. Excuses for these actions are unfathomable!

Burn injuries are another sign of nursing home abuse. These may range from minor burns, which only affect the outer layer of the skin, to third-degree burns, which can destroy nerves and cause permanent numbness. More severe burns have a black, brown, or white appearance. The presence of scars on a patient are definite warning sign of nursing home abuse.

Observing the injuries that result from the physical abuse of your loved one is heartbreaking! Call me today, and I’ll Make Them Pay!®

Dirty or unkempt appearance

Some signs of nursing home neglect may include dirty or smelly clothing, an unkempt appearance, and poor hygiene. It is important to pay attention to these signs and report any concerns to the appropriate authorities. It is also important to understand that attention to nursing home residents is paramount. If your loved one has soiled garments, dirty & tangled hair, mouth sores or more, this is considered nursing home neglect!

Depression, confusion, or withdrawal may be indicative of nursing home negligence.

Depression and withdrawal can be signs of nursing home abuse or neglect. These signs may indicate that the resident is experiencing abuse or mistreatment by caregivers. Nursing home residents may become depressed due to social isolation, lack of stimulation or activities, or poor treatment from the staff. Being engaged is very important for an elderly person. This promotes a healthy mind, and a positive attitude.

If a patient is being neglected or mistreated, they may withdraw from the social interactions and participate less in activities.

Isolation from friends and family

Isolation from friends and family can be a sign of nursing home abuse. It may indicate that the patient is not receiving appropriate social support and interaction. The nursing staff should encourage residents to maintain social connections and avoid isolating them from their loved ones.

Studies have shown that family involvement in care is important for an elderly person’s well-being. Nursing homes should make every effort to engage families in the care of their loved ones.

Caregiver’s explanations that dismiss signs and symptoms of elder abuse

When a caregiver dismisses signs and symptoms of a resident in a nursing home, it can be indicative of abuse. This shows a lack of attention and care towards the patient’s well-being.

Dismissal can also be a sign of caregiver burnout, which can lead to physical, emotional, and mental exhaustion. It’s important to report any concerns to the nursing staff or healthcare provider. Sometimes neglect is unintentional, but the product of circumstance. As a nursing home lawyer, I know most of the staff is very caring and attentive. It is essential for facility to ensure their staff is well supported, so they can effectively care for nursing home residents.

Unusual banking transactions may indicate nursing home abuse

In general, unusual or suspicious banking transactions are those that are inconsistent with a person’s typical activities. Sudden, large withdrawals or transfers of funds to unfamiliar accounts are indicators your loved one may be suffering from financial abuse.

If you suspect unusual banking transactions have occurred for your loved-one in a nursing home, it’s important to report your concerns to the proper authorities for further investigation.

Caregiver’s refusal to allow visitors

A caregiver’s refusal to allow visitors to see a resident alone can be a warning sign of emotional abuse. This behavior may be used as a means of controlling the patient and isolating them from potential sources of support and intervention.

A definite sign of nursing home abuse, is when a caregiver threatens harm if a resident wants to see family or other visitors. This is a form of coercion, and a way of exerting control over the patient’s decisions and actions.

Sudden changes in behavior or demeanor

Sudden changes in behavior or demeanor in nursing home residents are often signs of nursing home abuse or neglect. These changes include withdrawal or agitation, unexplained crying or mood swings, sudden silence, or changes in personality.

Common causes of such behavior changes may include medication changes, dementia progression, and changes in health conditions. However, it is important to be aware of signs of abuse or neglect when you have a loved one in a nursing home.

Nursing home negligence resulting in dehydration, malnutrition, or weight loss

Dehydration and weight loss are common issues among nursing home residents and can be indicative of neglect. Elderly residents in nursing homes are at a higher risk for dehydration because of decreased fluid intake and the inability to regulate their fluid balance. Neglecting to provide adequate fluids can lead to chronic dehydration, which may cause kidney failure, shock, and other serious health issues.

Weight loss may be another sign of neglect and may be due to a lack of nutrition and adequate care. Malnutrition and dehydration can lead to weakened immune systems, increased risk of infections, and an overall decline in health.

Unsanitary living conditions is nursing home neglect

Unsanitary living conditions in a nursing home is a sign of neglect. The staff must have a consistent cleaning schedule, since residents are unable to do it for themselves. Poor living conditions can include dirt, bugs, soiled bedding and clothes.

If a nursing home resident is living in unsanitary conditions, it is a sign of neglect.

Types of Nursing Home Neglect May Include:


Lack of proper physical care

  • Exercise to improve movement – Flexibility exercises such as stretching, can increase mobility and make daily activities for the nursing home resident easier.

  • Exercise to improve strength – Exercises, which are performed by the patient without assistance, can help increase muscle strength. Resistive exercises, which involve pulling or pushing against an opposing force, are also helpful in improving muscle strength.

  • Exercise for balance – Balance exercises can help prevent falls, which is a common problem in older adults. Improving steadiness and balance can significantly reduce the chance of a fall injury.

  • Proper physical care is another feature most nursing homes offer. For the health of your loved one, be sure to confirm the facility offers consistent physical activity.

Insufficient Rehabilitation

Rehabilitation exercises aim to improve function and reduce pending disability in individuals with health conditions. The ultimate goal of rehabilitation in nursing homes is to restore residents to their highest possible level of physical, psychological, social, and economic function.

Substandard Occupational Therapy

Occupational therapy helps residents carry out daily life tasks and activities in their living area and in community settings. Maintaining a level of independence is very important for the psychological well-being of elderly residents.

Poor memory care

Nursing homes use various strategies to help improve the memory of their residents with dementia or other memory-related conditions. Familiar faces can help calm and reassure confused or anxious residents, while familiar objects, such as clocks and calendars, can assist in maintaining reality orientation. Nurses frequently orient clients to reality and surroundings, and use other items, such as daily schedules, to help improve memory.

Poor emotional care

Nursing homes provide emotional care for their patients, particularly those with terminal illnesses and chronic mental health conditions. This includes managing and supporting the patient’s emotions, assessing their emotional well-being. Staff should be encouraging them to express their feeling., and providing them with access to trained professionals such as social workers and therapists.

Emotional health is important to physical health as well. Patients who are unable to express their emotions properly are less likely to stay active and involved.

Lack of timely medical care

Timely medical care is crucial for nursing home residents to ensure optimal health outcomes and prevent adverse events. The likelihood of desired health outcome is increased by timely and effective care.

Lack of proper medical care

Missed nursing care is a common problem in nursing homes. A heavy workload or understaffing contribute to this issue. This results in important tasks being delayed or not completed all which can compromise the quality of care provided to nursing home residents.

When selecting a nursing home for your loved-one, medical care is at the forefront of criteria. Attentive health care is a reasonable expectation, and when it is not properly met, you need to call me right away!

Medication error negligence

Medication errors can occur from choosing the proper medication, to writing the prescription, or administering the medication. A heavy workload or understaffing often results in medication errors and injury to the nursing home residents.

Nursing home residents rely on an attentive and caring nursing staff for their well-being. Unfortunately, there are instances where caregivers fail to fulfill this obligation. In such cases, action is necessary. As a Cleveland nursing home abuse attorney, I want to set the bar high for the standard of care! If you or your loved one has been the victim of nursing home neglect or abuse, call me and I’ll Make Them Pay!®

Withholding food

Withholding food from a resident in a nursing home can have significant physical implications. Patients who are physically able to eat and drink, but are routinely unfed may experience malnutrition, dehydration, weight loss, and increased risk of infection.

Withholding nutrition or hydration from residents by those who lack decision-making capacity, can present ethical dilemmas for healthcare providers. No one should ever suffer from hunger, especially at the hands of an abuser in a nursing home.

Withholding hygiene care

Maintaining good personal hygiene is important for everyone’s health and well-being. This is especially true for patients in nursing homes who may require assistance with basic hygiene care. Patients may develop infections, skin irritations, or other health =related issues, if hygiene is not managed properly.

Neglecting personal hygiene care can also lead to social isolation and decreased self-esteem, causing a negative impact on the patient’s overall mental health.

Bed sores

Bed sores, also known as pressure ulcers or decubitus ulcers, are injuries to the skin and underlying tissue caused by prolonged pressure on the skin. These most often occur in bony areas of the body like the heels, hips, and tailbone.

Nursing home patients are particularly susceptible to bed sores due to limited mobility and reliance on caregivers to help them move or adjust positions. Bed sores can cause significant pain, and in severe cases, can lead to infections that may require hospitalization and surgery.

Genital infections

Lack of personal hygiene care in nursing homes can lead to the development of genital infections in patients. Poor hygiene practices, such as infrequent bathing or changing of soiled clothing, can increase the risk of developing these infections.

Symptoms of genital infections may include vaginal soreness and discomfort, inflamed or swollen skin around the vagina and vulva, changes in the amount or color of vaginal discharge, and pain during urination.

Loss of possessions

Nursing home residents, particularly those with dementia, may experience problems with losing items. Hearing aids, glasses, dentures, handbags, jewelry, walkers, clothing, wallets, and keys are all difficult to keep track of. This can lead to stress and potentially costly situations for patients and families. Staff may need to assist in finding lost items, particularly for residents with dementia who may struggle with independent item retrieval.

How Nursing Home Negligence Has Become Commonplace

Lack of protocol and proper documentation/reporting often leads to poor care and accountability .  The rising cost of nursing homes and care facilities do not curb the issue! Unfortunately, Ohio was once again named as one of the lowest rated states for nursing home and assisted living care.  Poor staffing, missed training and overall facility health are among the factors evaluated.

Ohio institutions are among the lowest in the country with over 41% of Ohio nursing homes receiving a rating of 1 or 2 out of a possible 5 stars!

  • 50% lower required minimum training time than other states

  • Lower staffing minimums for patient to staff ratios means less staff covers more patients

  • 30% of Ohio’s nursing homes have been fined over $6 MILLION in the last 3 years

  • 4 of every 5 facilities in Ohio are privately operated for-profit, which typically translates to low ratings

You have the right to safe and medically sound care.  Nursing home or skilled care facilities must document and report falls, injuries and concerns directly to the resident’s designated point of contact. If nursing home negligence resulted in injury or death, the negligent individuals and the care facility can be held legally responsible.

If you suspect an injury was caused by nursing home negligence, call me as soon as possible to discuss your claim free of charge.


Krystle Banks
Krystle Banks
14:32 20 Sep 23
Christine Filippelli
Christine Filippelli
01:55 18 May 23
DeAndre Merritt
DeAndre Merritt
06:58 23 Mar 23
Jake Ferri
Jake Ferri
23:46 01 Aug 22
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 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 more
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 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 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 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 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 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 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 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 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 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

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127
Mailing Address:
Interstate Square I
4230 Chillicothe Rd. Ste 200
Willoughby, Ohio 44094

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.