In Ohio, caregivers, including, but not limited to, home health aides, nurses, therapists, and home health agencies, owe a legal duty of care to their patients. Negligence generally occurs when:

• The caregiver has a duty to provide safe, competent care; 
• The caregiver breaches that duty by failing to act as a reasonable caregiver would; 
• The breach directly causes injury or harm; and 
• The injured person suffers measurable damages (e.g., medical bills, pain and suffering). 

Everyday examples include:

• Improper or missed medication administration; 
• Failing to supervise a patient at risk of falling; 
• Unsafe transfers (lifting or moving a patient without proper support); 
• Failing to perform hygiene checks, leading to bedsores and infections; and 
• Failing to report medical issues or falls. 

Negligence in home health care can constitute either ordinary negligence or medical malpractice, depending on whether the injury resulted from:

• Negligence: A general unsafe act, such as failing to supervise a patient at risk of falling; or 

• Malpractice: A medical decision, diagnostic error, or clinical act requiring professional judgment, such as improper or missed medication administration. 

This distinction is important because the statutes of limitations differ. In Ohio, the general personal injury statute of limitations is two years from the date the injury occurs. Medical malpractice claims must be brought within one year, generally from the date the injury was discovered or reasonably should have been discovered.

If you or a family member is injured while receiving home care, consider taking the following steps:

• Seek immediate medical attention; 
• Preserve all records and documents related to care and injury; and 
• Consult a qualified attorney.

At Lardiere McNair & Stonebrook Ltd., LPA, our experienced Personal Injury Attorneys will help you navigate this complex and difficult process and ensure you are fairly compensated for your losses. Call 614) 534-1355 and schedule a free consultation. 

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