Moving a loved one into a nursing home is never an easy decision. Families trust these facilities to provide safe, compassionate care so residents can maintain dignity, comfort, and quality of life. But what happens when that trust is broken?
Too often, you don’t realize something is wrong until it’s too late: a preventable fall, unexplained weight loss, or a sudden change in behavior. And when you try to advocate for your loved one, you may be met with confusing policies, excuses, or even resistance from nursing home staff.
Although Ohio law protects nursing home residents far more than most people realize, families often believe they have no say. Read on as we clear up five biggest misconceptions about nursing home resident rights.
1. “Nursing homes can make all medical decisions for residents.”
Many families assume that once a loved one enters a nursing home, the facility’s staff automatically takes over their medical decisions. After all, nursing homes provide medical care, administer medications, and monitor residents’ health.
However, under Ohio Revised Code § 3721.13, nursing home residents still have complete control over their own healthcare decisions, including the rights to:
- Choose their own doctors and medical providers.
- Be fully informed of their medical condition and treatment options.
- Accept or refuse any treatment or medication.
- Create advance directives, such as a living will or healthcare power of attorney.
This means that staff cannot force treatments, administer medication without consent, or make medical choices on behalf of a resident — unless that resident has been deemed legally incapacitated and has a designated healthcare proxy (such as a family member or legal guardian). Even in cases where dementia or cognitive decline is a factor, medical decisions cannot be made by the nursing home alone.
If you suspect that a nursing home is making medical decisions for your loved one without proper consent, you have the right to question the facility, request medical records, and take legal action if necessary.
2. “Staff can restrict a resident’s visitors whenever they want.”
It’s heartbreaking when you’re told you cannot visit their loved ones or that their visiting hours are limited or restricted. Many assume that nursing homes have full control over visitation policies, but that’s not true.
Under Ohio law, nursing home resident rights include:
- Receive visitors at reasonable times, including family, friends, and clergy.
- Have private visits without staff interference.
- Refuse to see certain visitors if they choose.
- Use phones, mail, and other communication methods freely.
Without a documented medical reason for restricting visitors (such as infection control for a contagious illness), nursing homes cannot isolate residents from family and loved ones.
3. “If a nursing home provides food and basic care, there’s no neglect.”
Neglect isn’t always obvious. Families often assume that as long as a nursing home provides meals, medication, and a place to sleep, their loved one is receiving adequate care.
But true quality care goes beyond the basics. Nursing home neglect can be subtle but harmful and, in some cases, just as dangerous as outright abuse. Here’s what it can look like:
- Call lights going unanswered for hours, leaving residents unable to get to the bathroom or reposition themselves.
- Bedsores from lack of movement.
- Rapid weight loss or dehydration.
- Hygiene issues, like unwashed hair, dirty clothes, or a strong odor.
- Emotional withdrawal or depression.
Many of these issues stem from chronic understaffing, which is more severe in Ohio than the rest of the country. Facilities simply don’t have enough aides and nurses to meet residents’ needs, but that’s not an excuse — and it’s certainly not legal.
4. “Physical abuse is the only type of nursing home abuse.”
When people think of nursing home abuse, they often picture bruises, broken bones, or bedsores, but abuse isn’t always physical. In fact, some of the most damaging forms of abuse leave no visible marks at all.
Other common types of nursing home abuse include:
- Emotional abuse: Staff yelling at, belittling, humiliating, threatening, ignoring, isolating, or intimidating residents.
- Financial exploitation: Stealing money or valuables from a resident’s room or using a resident’s credit card or bank account without permission.
- Medical neglect or mistreatment: Overmedicating residents to make them easier to manage or failing to provide necessary medical care, like diabetes management or wound treatment.
5. “If a nursing home is licensed, it must provide quality care.”
Many families assume that a state-licensed nursing home must meet high-quality care standards. In reality, licensed nursing homes can be repeatedly cited for neglect, poor staffing, and violations of resident rights.
In Ohio, over 200 nursing homes have been cited for serious deficiencies, and a staggering 767 facilities have infection-related violations. Across the state, nursing homes have faced $28.8 million in penalties.
To find out if a nursing home has complaints or violations, you can:
- Check the Ohio Long-Term Care Ombudsman reports: They investigate complaints and track patterns of neglect or mistreatment.
- Look up the facility on Medicare’s Nursing Home Compare tool: This federal database ranks nursing homes based on inspections, staffing levels, and quality of care.
- Visit the facility unannounced: A well-run nursing home should be clean, organized, and staffed appropriately, no matter what time you stop by.
If something feels wrong, trust your instincts. Maybe your loved one seems withdrawn or anxious around staff. Or perhaps their hygiene is slipping, or they have unexplained bruises. Maybe they’ve been left waiting for help for hours — or worse, they’re afraid to speak up at all.
This isn’t just aging or “part of life” at a nursing home. At Slater & Zurz, we’ve helped hundreds of families investigate signs of neglect and abuse, hold negligent nursing homes accountable, and seek justice for their loved ones.
Call us today at 330-762-0700 for a free, confidential consultation. We’ll help you figure out your next steps.
Written by Brandon Dean
Brandon, a partner at Slater & Zurz, heads the Medical Malpractice and Nursing Home/Geriatric Abuse Division. Since 2016, he has consistently earned the Ohio Super Lawyer Rising Star distinction. He is an active member of multiple bar associations, reflecting his deep commitment to his clients and legal excellence.
