Philadelphia Nursing Home Abuse Attorney

Lifespans in the United States have continued to rise thanks to medical advances. This means that many of us will be facing the decision to put out loved ones in nursing homes. There are nearly 16,000 nursing homes in the US, a number that will continue to rise. Unfortunately, elder abuse is underreported but prevalent.

Elder abuse, as defined by the CDC, is the intentional act, or failure to act, by a caregiver or another person in a relationship involving an expectation of trust the creates a risk of harm to an older adult.

The abuse takes many forms:

• Physical Abuse – Any time nursing home staff intentionally uses force that causes harm to their residents, they are physically abusing them. This can include beating, hitting, slapping, choking, shoving, and more.
• Sexual Abuse – Though unthinkable, it happens. Anytime there is unwanted or forced sexual interaction between nursing home staff and a resident, it is abuse. This includes ALL forms of sexual contact.
• Financial Abuse – Nursing home staff has access to sensitive information on patients and often have control of their finances. If they abuse this access to steal money or their residents’ identities, they are financially abusing them. This can also include billing a resident’s insurance company for procedures or medications not given to the resident.
• Emotional Abuse – This can include verbal and nonverbal behavior that results in residents’ anguish, mental pain, or distress. This includes threatening them, calling them names, isolating them, or punishing them.
• Neglect – Caregiver neglect can include withholding food, medication, or shelter. It can also include not bathing or exercising residents regularly or taking care of any wounds they have.

Any abuse that someone suffers in a nursing home is wrong and should not be tolerated. If you suspect this is happening to your loved one, contact police immediately. Then, seek legal assistance.

Pennsylvania law prohibits any form of verbal, physical, sexual, financial, emotional, or mental abuse of elderly people, including those who live in a nursing home. A resident in a nursing home has the right to be free of any physical or chemical restraint used to discipline or comfort him or her.

Such restraints can be imposed by the nursing home only to treat a medical condition and must be used upon the written order of a qualified doctor. These restraints cannot be imposed unless the safety of the resident or other residents is at risk.

In fact, nursing home residents have their rights under both federal and state laws, which means an elderly individual is protected by law even if the care facility is not regulated by federal statute.

Although Pennsylvania has a system for reporting allegations and complaints of nursing home abuse, neglect, and exploitation, complaining through this system rarely results in a speedy investigation of the matter.

That is why elderly residents of nursing homes benefit from seeking the help of a Philadelphia nursing home abuse lawyer who can investigate the allegations right away and, if necessary, pursue legal action against the nursing home or another care facility.

When a lawyer representing an abused or neglected elderly individual gathers sufficient evidence proving that the complaints are founded, the lawyer can pursue compensation for the injury, humiliation, or indignity suffered by the elderly resident. In some cases, an elderly abuse case can turn into a criminal case.

There may be various parties that could be held liable as a result of a nursing home abuse or neglect case in Philadelphia. It can be tempting to only want to hold the person accused of nursing home abuse or neglect responsible for their actions. However, rarely does nursing home abuse or neglect happen in a vacuum. What we mean by this is that, though there are times when only one person is responsible for this abhorrent behavior, the reality is that nursing home abuse and neglect is often a systemic problem inside of a nursing home facility.

In most circumstances, a nursing home can be held accountable for the actions of its employees. Additionally, the nursing home facility could also be held liable for creating internal problems that led to the nursing home abuse or neglect in the first place. Incidents of nursing home negligence that could lead to the home being held liable include the following:

• Negligent training of staff members
• Negligent hiring of staff members, including failing to perform background checks
• Failing to properly supervise staff members
• Failing to provide adequate security at the nursing home
• Failing to provide daily necessities, including food, water, medications, personal hygiene, and clean living conditions
• Medical neglect cases, including failing to treat wounds or provide medications
• Failing to prevent or treat bedsores
• Using unreasonable or dangerous physical restraints for no reason
• Intentional abuse on the part of staff members

Family members of nursing home abuse victims need to be aware that they have a limited amount of time to file lawsuits in these cases. The Pennsylvania personal injury statute of limitations is two years from the date an injury occurs. Additionally, claims related to medical malpractice also have a two-year timeframe attached. If nursing home abuse victims or their family members fail to file a lawsuit within this two-year limit, they will likely lose the ability to recover any compensation for their losses, regardless of how egregious the abuse or neglect was.