We handle Cleveland nursing home abuse cases throughout Cuyahoga County, Ohio. (image credit: https://commons.wikimedia.org/w/index.php?curid=1064513)
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What types of Nursing Home Abuse and Neglect Cases do You Handle in Cleveland?
We handle Cleveland nursing home abuse and neglect cases of all kinds. These cases usually involve one or more of the following:
Nursing Home Elder Abuse
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.
Nursing Home Bedsores and Pressure Ulcers
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 Choking and Suffocation Deaths
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
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 Falls and Drops
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.
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Nursing Home Wandering Off (called Elopement)
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.
Nursing Home Sexual Assault
It should go without saying that sexual abuse anywhere, including in nursing homes, is a crime that must 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.
Nursing Home Wrongful Death
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.
Assisted Living Abuse and Neglect
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.
What Are the Nursing Homes in the Cleveland, Ohio Area?
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There are many nursing homes in the Cleveland, Ohio area. Eadie Hill Trial Lawyers investigates claims against all of them.
Below are some of the worst-rated Cleveland nursing homes according to Medicare:
6606 CARNEGIE AVE
CLEVELAND, OH 44103
(216) 361-1414
Much Below Average
1 out of 5 stars
7201 WADE PARK
CLEVELAND, OH 44103
(216) 361-6141
Much Below Average
1 out of 5 stars
1867 EAST 82ND STREET
CLEVELAND, OH 44103
(216) 231-8467
Below Average
2 out of 5 stars
CRAWFORD MANOR HEALTHCARE CENTER
1802 CRAWFORD RD
CLEVELAND, OH 44106
(216) 795-5710
Below Average
2 out of 5 stars
UNIVERSITY MANOR HEALTH & REHAB
2186 AMBLESIDE RD
CLEVELAND, OH 44106
(216) 721-1400
Below Average
2 out of 5 stars
CANDLEWOOD PARK HEALTHCARE CENTER
1835 BELMORE AVE
EAST CLEVELAND, OH 44112
(216) 268-3600
Much Below Average
1 out of 5 stars
17322 EUCLID AVE
CLEVELAND, OH 44112
(216) 486-2280
Below Average
2 out of 5 stars
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WESTPARK NEUROLOGY AND REHABILITATION CENTER
4401 W 150TH STREET
CLEVELAND, OH 44135
(216) 252-7555
Below Average
2 out of 5 stars
ROCKY RIVER GARDENS REHAB AND NURSING CTR
4102 ROCKY RIVER DR
CLEVELAND, OH 44135
(216) 251-3300
Much Below Average
1 out of 5 stars
LARCHWOOD VILLAGE RETIREMENT COMMUNITY
4110 ROCKY RIVER DRIVE
CLEVELAND, OH 44135
(216) 941-6100
Much Below Average
1 out of 5 stars
BROADWAY CARE CENTER OF MAPLE HEIGHTS
16231 BROADWAY
MAPLE HEIGHTS, OH 44137
(216) 662-0551
Much Below Average
1 out of 5 stars
1500 E 191ST ST
EUCLID, OH 44117
(216) 486-8880
Below Average
2 out of 5 stars
20265 EMERY RD
NORTH RANDALL, OH 44128
(216) 475-8880
Much Below Average
1 out of 5 stars
18621 NEFF RD
CLEVELAND, OH 44119
(216) 486-0268
Below Average
2 out of 5 stars
SOUTHERN HILLS HEALTH AND REHAB
19530 BAGLEY ROAD
MIDDLEBURG HEIGHTS, OH 44130
(440) 816-7500
Below Average
2 out of 5 stars
PARK EAST CARE AND REHAB CENTER
3800 PARK EAST
BEACHWOOD, OH 44122
(216) 831-4303
Much Below Average
1 out of 5 stars
THE AVENUE CARE AND REHABILITATION CENTER
4120 INTERCHANGE CORPORATE CENTER ROAD
WARRENSVILLE HEIGHTS, OH 44128
(216) 896-9900
Much Below Average
1 out of 5 stars
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49 SHELDON RD
BEREA, OH 44017
(440) 234-0454
Below Average
2 out of 5 stars
GRANDE POINTE HEALTHCARE COMMU
THREE MERIT DR
RICHMOND HEIGHTS, OH 44143
(216) 261-9600
Much Below Average
1 out of 5 stars
255 FRONT STREET
BEREA, OH 44017
(440) 243-4000
Below Average
2 out of 5 stars
Where Do Cleveland Nursing Home Neglect and Abuse Cases Go to Trial?
Cleveland nursing home abuse and neglect cases in go to trial at the Cuyahoga County, Ohio Courthouse.
Cleveland area nursing home lawsuits are heard at the Cuyahoga County Justice Center. (image source: https://c2.staticflickr.com/6/5118/13822671964_ab17a17b6d_b.jpg)
The Cuyahoga County Courthouse is located at:
Cuyahoga County Common Pleas Court (General Division)
1200 Ontario Street
Cleveland, Ohio 44113-1678
CourtInfo@CuyahogaCounty.us
Office Hours: 8:30 a.m. to 4:30 p.m., Monday through Friday. The justice center is closed on all Federal and all State of Ohio holidays.
Do you have questions about a possible Nursing Home Abuse and Neglect case? Click below to start an investigation with us. We'll help you get answers.
Who are the Judges who will Preside over My Cleveland, Ohio Nursing Home Case?
The judges of the Cuyahoga County Common Pleas Court hear Cleveland and surrounding area nursing home abuse cases. The judges are:
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Will a Jury Decide My Cleveland Nursing Home Lawsuit?
Cuyahoga County Court Jury Assembly Room
We always insist on having a jury trial in nursing home lawsuits. Cuyahoga County jurors are called as a “jury pool” for a selection process that decides whether they will hear a trial.
Here’s what the Cuyahoga County Common Pleas Court tells jurors about the trial process:
Who will be on the Jury in My Cleveland Nursing Home Abuse Trial?
The jury is made up of regular people who live in Cuyahoga 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.
Who is the Coroner for Cuyahoga County, Ohio?
Dr. Thomas P. Gilson Cuyahoga County Medical Examiner (image credit: http://media.cleveland.com/cuyahoga-county-road-to-reform/photo/9610130-large.jpg)
Thomas P. Gilson, M.D. is the Medical Examiner of Cuyahoga County.
Administrative Offices Phone: (216) 698-3154
Administrative Offices Fax: (216) 707-3186
Cuyahoga County Medical Examiner
11001 Cedar Avenue
Cleveland, OH 44106
(216) 721-5610
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When is an autopsy performed?
The Medical Examiner’s office does not autopsy everyone reported to their office.
When no “foul play” is suspected and evidence of a natural death is present. In other cases, where there is the possibility of legal proceedings, which may arise as a result of a homicide, accident, suicide, etc., an autopsy will be performed. In these cases, both positive and negative information is found which substantiates the ruling and cause of death as signed by the Medical Examiner.
Does the Medical Examiner need permission from next of kin to perform an autopsy?
Ohio law (ORC 2108.52) provides that the Medical Examiner/Coroner does not need permission to perform an autopsy. The Department of the Medical Examiner will attempt to comply with the wishes of the next of kin, especially if there is a family religious interest and when this does not conflict with the duties of the Medical Examiner as charged by Ohio law.
What is an autopsy and is there a charge?
An autopsy is a systematic examination by a qualified physician respectful of a deceased person for the purpose of determining the cause of death and recovering from the body evidence of the cause of death. A record is made of the findings of the autopsy, including microscopic and toxicological laboratory tests. These laboratory tests are conducted after the release of the body to the next of kin for burial. There is no charge to the next of kin for an autopsy nor for any of the tests which may be conducted by the Medical Examiner’s Department.
How long does it take for a death ruling to be made?
This procedure is handled differently by various Counties. In many cases, a signed death certificate accompanies the body when it is released by the Medical Examiner. When there is insufficient information available to complete the death certificate, a “Pending findings, facts, and verdict” death certificate is issued that accompanies the body. This death certificate enables the funeral services and burial to take place while additional chemical, microscopic slide preparation and examination, and other investigation continues. At the culmination of these tests and investigation, a ruling is made based on all available information. A supplemental death certificate is then issued with the cause of death and ruling which supersedes the “Pending” death certificate.
A Coroner’s Report from the Cuyahoga County Coroner’s Office includes:
- a Finding of Fact and Verdict page
- the Forensics Pathologist’s Autopsy or External Examination Protocol
- and a Toxicology Report (if toxicology testing was performed).
Coroner’s reports become public record once the case is completed. Anyone may request a copy of any report. All copies of the Coroner’s reports are certified.
Cases take approximately 10-12 weeks from the date of death for completion, at that time the Coroner’s Report will be sent out to all parties who have requested it.
You can request a coroner’s report here: https://coroner.franklincountyohio.gov/services/coroners-report
Will an autopsy disfigure the body and prevent an open casket funeral?
Necessary incisions used to perform the autopsy are easily covered by clothing and do not prevent open casket viewing.
Do you have questions about a possible Nursing Home Abuse and Neglect case? Click below to start an investigation with us. We'll help you get answers.
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.
Here’s the information the Cuyahoga County Medical Examiner’s Office provides on reportable deaths:
In our experience, this is not always followed. Especially by doctors associated closely with nursing homes in cases of nursing home abuse and neglect.
Additional information regarding the medical examiner’s office:
- Information for physicians and medical personnel
- Public records requests
- Public records Policy
- Organ removal for donation
- Transportation and disposition of the deceased
- Various laws and Attorney General opinions regarding the office of the Coroner
- The Medical Examiner
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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.
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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.
The executor or administrator may be an individual, a bank, or trust company.
The duties of an executor or administrator are:
- To determine the names, ages, and degree of relationship of heirs;
- To take possession of, and conserve all of the real and personal property of the decedent;
- To file with the Probate Court an inventory of all the assets held in the name of the decedent;
- To receive and determine the validity of all claims against the decedent’s estate;
- To file tax returns and to pay income and estate taxes;
- To make distribution of the estate’s assets to the proper persons;
- To file an account of all receipts and disbursements made by the executor or administrator with the Probate Court.
If the total value of all property in the decedent’s name is $35,000 or less, the estate can be relieved from the administration requirements.
For dates of death on and after March 18, 1996, assets of $100,000 or less can be relieved from administration provided the surviving spouse is the sole heir at law or under a will.
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Where is the Probate Court in Cleveland, Ohio?
The probate court is where an estate is opened. It is also where nursing home wrongful death settlements and verdicts are processed before the funds can be distributed to family members and charities.
Cleveland nursing home wrongful death cases are pursued by estates opened at the Cuyahoga County Probate Court. (image: http://farm4.static.flickr.com/3011/2691398972_35ddea8e6b.jpg)
The Cuyahoga County Probate Court is located at:
Probate Court of Cuyahoga County
1 Lakeside Avenue West
Cleveland, Ohio 44113
Hours of Operation:
Monday thru Friday: 8:30 a.m. to 4:30 p.m.
The Probate Court is established in each county of Ohio to supervise the administration of the estate of a decedent who was a legal resident in the county at the time of his or her death. Each transaction involved in the administration of an estate is subject to the examination and approval of the Probate Court.
Other matters within the Probate Court’s jurisdiction are: issuance of marriage licenses, adoptions, guardianship proceedings, the involuntary commitment of the mentally ill, and land appropriation cases.
Please see this PDF with information on the Cuyahoga County Court House.
The Cuyahoga County probate judges are:
Cuyahoga County Probate Court Presiding Judge Anthony J. Russo
Judge Anthony J. Russo
Presiding Judge
| Administrative Assistant | Bailiff | Staff Attorney | Fax |
|---|---|---|---|
| Sue Schwarten (216) 443-8975 |
Marc Garofoli (216) 443-8924 |
Joclene Iman (216) 443-3287 |
(216) 443-5446 |
Cuyahoga County Probate Court Judge Laura J Gallagher
Judge Laura J. Gallagher
Judge
| Administrative Assistant | Bailiff | Fax |
|---|---|---|
| Kevin Meehan (216) 443-7557 |
Edward Klatka (216)443-7554 |
(216) 443-6941 |
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