What types of Canton Nursing Home Abuse and Neglect Cases do You Handle?
We handle all kinds of nursing home abuse and neglect cases in Canton, Ohio. These cases usually involve one or more of the following:
Elder abuse refers to intentional actions that cause harm or create a serious risk of harm, regardless of whether harm is intended, to an elderly person by a caregiver. Abuse includes failure by a caregiver to satisfy an elder’s basic needs—neglect.
Bedsores shouldn’t happen. We investigate to find answers for families when a nursing home allows a bedsore to worsen or kill their loved one.
Nursing home residents should never choke or suffocate in nursing homes. Choking and suffocation deaths in nursing home are preventable. Unfortunately, they do happen. And probably much more often than most people can imagine. Choking and suffocation continue to be leading causes of death in nursing homes.
Nursing home dehydration and malnutrition are serious and deadly threats to older people. When nursing homes are understaffed or careless with resident health, dehydration can set in all too quickly.
Nursing home residents are often frail, weak, and unstable. They need help moving from place-to-place or getting in and of bed.
Unfortunately, nursing homes continue to allow residents to fall and become injured. Fractures of large bones (like hips and femurs) often lead to death in the elderly.
Nursing homes need to protect their residents. Elderly people with memory problems sometimes wander off. This is called “elopement.”
Nursing homes are required to assess residents to prevent this from happening. Nursing homes must have precautions in place to prevent residents from wandering off. This includes having the appropriate amount of staff to monitor residents. Nursing homes must also place alarms on doors and respond to those alarms to stop residents before they are injured.
If residents are permitted to wander off they can be severely injured. There have been examples of residents freezing to death in cold, being struck by cars, and falling down stairs.
It should go without saying that sexual abuse anywhere, including in nursing homes, is a crime that must be eradicated from society. Disgustingly, every year we see nursing home sexual abuse cases make headlines.
These are frequently the result of corporate greed and incompetence refusing to do required background checks.
When a nursing home’s abuse and neglect causes injury, the injured resident has a personal injury case. When that injury causes the resident’s death—whether immediately, or over time—the resident’s family has a case. It is called a “wrongful death” claim.
Medication errors are one of the leading causes of unintentional deaths in nursing homes.
Assisted Living Facilities, called Residential Care Facilities in Ohio, are not nursing homes, and are not as well-regulated as nursing homes. That doesn’t mean someone injured or killed in a residential care facility has no claim. But the types of claims, and how to pursue them, are different.
Where Do Canton, Ohio Nursing Home Neglect and Abuse Cases Go to Trial?
Nursing home abuse and neglect cases in Canton go to trial at the Stark County, Ohio Courthouse located at:
115 Central Plaza N #101
Canton, OH 44702
Who are the Judges who will Preside over My Canton, Ohio Nursing Home Abuse Case?
There are three presiding judges on the county court of Common Pleas. Their website states the following:
Honorable Jim D. James
Judge Jim D. James is the Administrative Judge of the Juvenile Division of the Stark County Family Court. He has served as a judge of the Stark County Common Pleas Court since 1999 and previously presided over cases at the Court as its Chief Magistrate for ten years.
Judge James is a Past Chair of the Ohio Judicial Conference, current Co-Chair of the Conference’s Juvenile Law and Procedure Committee and a member the Conference’s Domestic Relations Law and Procedure Committee. The Judge serves on the Ohio Supreme Court Security Advisory Committee and its Judicial Advisory Committee for Foster to Age 21 youth. He is a member of the Stark County Community Corrections Board. He is a Past-President of the Stark County Bar Association and Past-President of the Ohio Association of Domestic Relations Judges. He also serves on the Muskingum Watershed Conservancy Court and presides over Stark County Family Court’s Drug Courts.
Prior to joining the court in 1986, Judge James served as an Assistant Prosecuting Attorney for Stark County as well as Washington County. The Judge is a graduate of Capital University and obtained his J.D. degree from Capital University Law School. He is active with the Boy Scouts of America and served as a volunteer fire chief, firefighter and EMT. Judge James and his wife are parents of two sons.
Honorable Rosemarie A. Hall
Judge Hall has been Judge in Stark County Common Pleas Court, Family Court Division since 2011. Judge Hall served as a Magistrate in this court from 2004 to 2011.
As a magistrate, Judge Hall developed and presented Working Together for Kids, a parent education and mediation program for never married parents. Judge Hall was a national presenter of this program at the National Council of Juvenile and Family Court Judges Conference in March of 2010. Working Together for Kids Program was awarded the State of Ohio Child Support Best Practices Award in 2009 and the Ohio State Bar Association’s Innovative Court Practices Award in 2012. Judge Hall recently developed and presents “Think Before you Post” a program presented to teens addressing sexting and cyber bullying: and a companion program for parents “Cyber bullying, Sexting and Flaming: Kids, Technology and the Law.”
Prior to joining the Court in 2004, Judge Hall was a partner in Hall Law Firm, specializing in juvenile and domestic relations law. Rosemarie graduated from Walsh College with a degree in accounting. She worked for Republic Steel and GE Capital before attending law school at the University of Akron, graduating in 1991.
Judge Hall is a member of the Walsh University Human Development Advocacy Board, Ohio Association of Domestic Relations Judges, Ohio Association of Juvenile Court Judges, Stark County Safe Communities Coalition, and a Players Guild Board member. Rosemarie is married to Charles Hall and has two adult daughters.
Honorable David R. Nist
Prior to being elected Stark County Family Court Judge in November, 2016, Judge Nist had been a Magistrate at the Stark County Family Court since 1997. In 2007 he was appointed Assistant Chief Magistrate and in 2014 he was appointed Chief Magistrate. Judge Nist also served as the Magistrate for North Canton Mayor’s Court and he served in that position for 11 years. Prior to joining Stark County Family Court, Judge Nist worked as a staff attorney for the Stark County Child Support Enforcement Agency.
Judge Nist is a life resident of Stark County. He is a graduate of Canton Central Catholic, the University of Dayton and received his J.D. Degree from the University of Akron School of Law in 1992. Judge Nist has been licensed to practice law since November, 1992. He is a member of the Stark County Bar Association and served as the Vice Chair to the Family Law Committee from 2005 to 2016. Judge Nist is also a member Ohio Association of Domestic Relations Judges and the Ohio Association of Juvenile Court Judges. Judge Nist assists in training volunteers participating in the Stark County Teen Court diversion program. In March, 2013 Judge Nist became a Certified Court Manager after completing a 2 year program thru the National Center for State Courts Institute for Court Management. In 2017, Ohio Supreme Court Chief Justice Maureen O’Connor appointed Judge Nist to the Supreme Court of Ohio Advisory Committee on Domestic Violence.
Judge Nist and his wife have two children. The family attends St. Paul’s Catholic Church in North Canton. Judge Nist enjoys giving back to the community by serving on the United Way 2-1-1 Board and volunteering in the community. Judge Nist has served as foreperson on the Stark County Grand Jury. His grandfather was captain for the City of Canton Fire Department and his great grandfather served on the jury that convicted Al Capone.
Who will be on the Jury in My Canton, Ohio Nursing Home Case?
The jury is made up of regular people who live in Stark County, Ohio. A large group of people will receive a letter (called a summons) telling them to come to court for jury duty.
Not everyone who receives a summons will be on the jury. The entire group that comes to court is called the “jury pool.”
The lawyers and the judge then get to ask questions to see who will be a good fit for the case. Some people will not be chosen for a number of reasons. It could be that they know one of the people involved in the case or may be biased for some reason.
A total of 8 people will be on the jury. 6 of those 8 people will need to find in your favor to win your case. To learn more about Stark County jury duty click here.
Who Performs Autopsies in Stark County?
Autopsies are performed under the supervision of Anthony Bertin, D.O. He is the Stark County Coroner.
A Coroner shall be elected quadrennially in each county, who shall hold his office for a term of four years, beginning on the first Monday of January next after his election. (ORC 313.01)
Anthony Bertin, D.O. can be contacted at the following address.
4500 Atlantic Blvd NE
Canton, OH 44705
Can I Report My Loved One’s Death to the Coroner?
Yes. If you believe that your loved one died under suspicious circumstances or because of abuse or neglect, you should report the death to the coroner.
You can report a death to the Stark County Coroner’s Office by following this link.
What Types of Deaths Should Be Reported to the Coroner’s Office?
Not all deaths have to be reported to the coroner, also called a medical examiner in some counties. However, whenever a person dies of “violent, suspicious, unusual, or sudden death,” that has to be reported to the coroner by law in Ohio.
Ohio Revised Code 313.12 says:
When any person dies as a result of criminal or other violent means, by casualty, by suicide, or in any suspicious or unusual manner, when any person, including a child under two years of age, dies suddenly when in apparent good health, or when any person with a developmental disability dies regardless of the circumstances, the physician called in attendance, or any member of an ambulance service, emergency squad, or law enforcement agency who obtains knowledge thereof arising from the person’s duties, shall immediately notify the office of the coroner of the known facts concerning the time, place, manner, and circumstances of the death, and any other information that is required pursuant to sections 313.01 to 313.22 of the Revised Code.
Only the coroner or medical examiner can certify a death as being anything other than “natural.” This means that only a medical examiner or coroner can determine whether a person’s death was the result of suicide, homicide, or accident.
Most nursing home deaths that result in litigation are caused by accidental death or homicide.
Unfortunately, far too many primary care and other doctors choose not to alert the coroner or medical examiner after a person has died following trauma or other unusual circumstances, including after a nursing home resident falls.
When this occurs, it is important for the family to contact the coroner or medical examiner’s office as soon as possible. This can help ensure that the proper cause of death is given.
What Does it Mean to Probate An Estate?
The deceased person cannot file his own lawsuit. Ohio law has a process where all beneficiaries are represented in a single wrongful death lawsuit through the creation of an estate. Although each surviving member of a decedent’s immediate family may be entitled to receive monetary compensation, there is only one cause of action for the recovery of that compensation under Ohio’s wrongful death statute.
Opening An Estate
The actual lawsuit is brought in the name of the representative of the estate for the exclusive benefit of the surviving spouse, children, parents, and other next-of-kin. The estate is created by filing certain paperwork in the probate court.
The “estate” is nothing more than a legal process where the probate court oversees the business of the deceased (including where money is being sent and how or if debts are being paid) and the wrongful death claim that belongs to the family members.
The probate court will then issue paperwork entitling a specific person to serve as the representative of the estate. The individual appointed by the probate court is the personal representative of the estate. The personal representative is then required to act in the best interests of the beneficiaries of the estate. The probate court must approve any wrongful death settlement.
Choosing A Personal Representative
Any competent adult person may serve as the personal representative of an estate. In order to be appointed as a personal representative of an estate in Ohio, a person must meet 4 requirements.
- Be at least 18 years of age (i.e., legally competent);
- Be mentally competent;
- Be bonded by a private insurance company; and
- Not have a criminal record (in order to be bonded).
If the deceased dies with a will, the will sometimes waives the bond requirement. Under those circumstances, in order to be appointed as the personal representative, the person must only meet the first two requirements, be over the age of 18 and be mentally competent.
Prior to appointing a personal representative of an estate, beneficiaries have the right to receive notice of the request and object to an applicant’s request to be the personal representative in a hearing. If the beneficiaries do not object to a person being named a personal representative and he or she meets the legal requirements, he or she will usually be named the personal representative by the probate court.
There is no requirement that the personal representative be a beneficiary of the wrongful death claim, be a member of the family, or even have ever known the deceased person. On certain occasions, a lawyer, bank official, or other neutral third-party may be appointed as the personal representative of the estate. This may be the most desirable outcome if, for example, no family member can be bonded or there is family conflict that prevents all beneficiaries from agreeing on a single family member to serve as personal representative.
What does A Personal Representative Do?
In many ways, the personal representative acts like plaintiff in a traditional lawsuit. The difference, however, is that the personal representative is not only making decisions that affect his or her own interests, but is making decisions that affect all beneficiaries of the wrongful death claim.
For example, the personal representative decides whether to file a lawsuit, who and when to sue, what lawyer to have represent the estate for court proceedings, and whether or not to settle the lawsuit, although the probate court must always approve the settlement before it can be finalized.
The personal representative often times has more contact with the lawyers representing the estate (although this is not always the case), is required to participate in certain stages of litigation after the lawsuit is filed called discovery, attends court hearings and pre-trials, and participates in settlement negotiations and mediations.
The personal representative is important because they have the power to choose which lawyer will protect all the beneficiaries’ interests. This is an important decision. The lawyer chosen has a tremendous impact on the final settlement or jury verdict. Picking an experienced wrongful death lawyer who has the ability and expertise to not only go to trial but secure a jury verdict is critical.
Given the amount of responsibility that goes into being the personal representative of an estate, it is important to have a personal representative who is organized, responsive, willing to vigorously pursue the claim, and make decisions that are most advantageous to all beneficiaries.
A probate court may remove the administrator of decedent’s estate when the administrator refuses to bring a wrongful death action when a legitimate wrongful death claim exists. See Toledo Bar Ass’n v. Rust, 124 Ohio St. 3d 305, 2010 Ohio 170.
Where is the Probate Court in Canton, Ohio?
110 Central Plaza S Suite 501
Canton, OH 44702
What Nursing Homes Do You Investigate and Sue in Stark County?
We investigate claims against all nursing homes in the Stark County. At an any given time, we are usually investigating multiple facilities in the area for nursing wrongful death. Those deaths may be caused by falls or drops, medication errors, dehydration, malnutrition, infection, bedsores, sexual assault or rape, and other forms of physical abuse.
What are the Worst-ranked nursing homes in Canton, Ohio?
The following is a list of nursing homes in the Canton, Stark County, Ohio.
|Nursing Home Information||Overall Rating||Health Inpections||Staffing||Quality Ratings|
|OAKHILL MANOR CARE CENTER4466 LYNNHAVEN AVENUE NE|
LOUISVILLE, OH 44641
|1 out of 5 stars|
Much Below Average
|2 out of 5 stars|
|1 out of 5 stars|
Much Below Average
|4 out of 5 stars|
|MCCREA MANOR NSNG AND REHAB CTR LLC2040 MCCREA STREET|
ALLIANCE, OH 44601
|1 out of 5 stars|
Much Below Average
|1 out of 5 stars|
Much Below Average
|2 out of 5 stars|
|2 out of 5 stars|