Ohio

• 1 year. (Ohio Rev. Code Ann. §2305.10 – Bodily injury or injury to personal property)
• Medical malpractice – 1 year with Discovery Rule, but if within one year limitation period, claimant gives written notice to defendant, action can be brought anytime within 180 days after notice. Foreign object cases have a SOL of 1 year from discovery. Minors have 4 years from date of malpractice. (Ohio Rev. Code Ann. §2305.113(A))

• Noneconomic damages are limited to the greater $250,000 or three times economic damages, subject to a maximum of $350,000 per plaintiff and maximum of $500,000 per occurrence. If the plaintiff suffered permanent and substantial physical deformity, loss of use of a limb, loss of a bodily organ system, or permanent physical injury that prevents self-care, then the maximum increases to $500,000 per plaintiff and $1 million per occurrence. (Ohio Rev. Code Ann. §2323.43)

• 2 years. (Ohio Rev. Code Ann. §2125.02(D))

• None. (Ohio Rev. Code Ann. §2323.43)

• Ohio Department of Health
• Nursing Homes
• Department of Aging
• Department of Health, Division of Quality Assurance
• Long Term Care Ombudsman

• Adult Protective Services – (Ohio Rev. Code Ann. Title LI Public Welfare, §§5101.60-72)
• Abuse, Neglect, or Misappropriation of Residents’ Property at Long-Term Care Facility – (Ohio Rev. Code Ann. Title XXXVII, Health-Safety-Morals, §3721.21-26)

• In For Rehab. Out With Bedsores.

An Ohio woman is bringing a lawsuit againstMansfield Memorial Homes for improper care resulting in bedsores.  Dorothy Modcap, 64, sought skilled rehabilitation for a fractured hip following an auto accident.  What she got instead was a bedsoreand infection.  According to her attorney, no preventative measures were put in place to prevent the development of the bedsores.  Bill Campell, Modcap's attorney states:

• State Of Ohio To Take Over Nursing Home Inspections Following Dangerous Conditions

Following on the well publicized nursing home violations at the Westside Health Care Center and The Terrace at Westside, the Cincinnati Health Department has been stripped of its ability to license and inspect nursing homes.

Cincinnati City Council members determined that that city health inspectors failed to protect some of the community's most frail residents. The city health department's oversight duties will be turned over to the state authorities.

• Dehydration Death Costs Nursing Home $6.5M

Sometimes I'm amazed by the number of preventable situations that develop in nursing homes due to a facilities failure to provide basic care.  I mean, doesn't it seem obvious that facilities must provide food, water and a decent environment for their residents?  Am I oversimplifying nursing home care?  Perhaps, but the reality is that an overwhelming majority of nursing home injuries and deaths could be avoided if the facility were to provide this basic level of care.

The Columbus Dispatch reported on this type of preventable situation when it reported on the dehydration death of 61-year-old Peter Southard.  In 2005 Southard was admitted to Whetstone Gardens & Care Center in Columbus, Ohio for short-term nursing care to give his wife a break from her care-giving responsibilities.  Mrs. Southard was the primary caregiver for her husband since he suffered a stroke more than 20 years ago.  The stroke made it physically difficult for Southard to care for himself and realize when he was thirsty.  Unfortunately, the staff at Whetstone Gardens was unable to pick up on his special needs and he died shortly after his 15 day admission to the facility.  The cause of death was dehydration and kidney failure.

• Nursing Home Supervisor Admits To Abusing 100 Residents

John Riems, a former nursing home supervisor at Conrad Care and Rehabilitation Center in Ohio. During questioning by prosecutors, Reims admitted to abusing nearly 100 patients during his 22-year career at nursing homes.  Reims is under investigation from an original charges involving the allegations of abuse involving a 55-year-old blind man and a partially paralyzed man in his 80's.  Fourteen more felony counts have been filed against Mr. Reims since the investigation began-- 12 counts of rape and two counts of felonious sexual penetration.  Read more about this Ohio nursing home story here.

• 'Crack House' Nursing Home Continues To Receive Government Funding

Where else can a business treat customers without any respect in run-down environment and continue to stay in business? 

The answer is: The nursing home industry in America. 

Nursing homes funded by Medicaid receive a daily payment from the government for each resident every day. The government pays the facilities regardless of the quality of service provided. As a result, many nursing home owners; will put off facility repairs, serve lousy food and hire some of the most inept people to run their facilities to maximize profit. Of course, fines may be imposed and facility closure may be threatened  The reality is that it is difficult to relocate nursing home residents to other facilities. Nursing home owners know this. Paying fines has become part of the nursing home business. The reality is the fines probably only result in even further reductions services to the residents of the facility.