Pennsylvania Nursing Home Abuse Lawyer

Nursing home abuse is a serious violation of a resident’s rights and a grave betrayal of trust. If you or someone you love is experiencing mistreatment or neglect in a nursing home, compensation may be available. A Pennsylvania nursing home abuse lawyer can explain your options and help you decide what to do next.

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How a Pennsylvania Nursing Home Abuse Lawyer Can Help

Whether it happens to you or a loved one, abuse or neglect in a nursing home can make you feel helpless. Our Pennsylvania nursing home neglect and abuse lawyers can help you take action, from investigating the incident to pursuing a nursing home abuse lawsuit.

The process begins with a complimentary case consultation. One of our PA nursing home neglect lawyers will examine your situation and offer guidance on potential next steps. If you choose to have us represent you, we will begin the essential process of gathering evidence.

A strong abuse or neglect case requires reliable documentation, which may be challenging for you or your loved one to gather independently. A nursing home lawyer can help you gather medical records, facility inspection reports, and witness testimony to back up your claims.

Evidence is essential in proving your case, whether you choose to settle out of court or pursue litigation. Taking a case to trial can prolong a case, but may help you obtain a higher settlement. An experienced elder abuse attorney in Pennsylvania can help you make this decision.

Why Choose Our Pennsylvania Nursing Home Abuse Attorneys

Victims of nursing home abuse and neglect deserve skilled legal representation. Our Philadelphia-based attorneys leverage decades of experience to fight for your loved one’s rights.Our attorneys were educated in the Mid-Atlantic region and possess in-depth knowledge of Pennsylvania’s legal landscape, as well as local nursing home facilities and policies. They have received honors from Lawyers of Distinction, Super Lawyers, and other prestigious organizations.

We approach each case with compassion, understanding, and commitment to results. We’ve recovered more than $500 million in settlements and verdicts, and we are committed to preserving our track record of success. Contact us today to discuss your options.

Who Can File a Nursing Home Abuse Lawsuit in PA?

In Pennsylvania, as in other states, the right to file nursing home abuse and neglect lawsuits depends on the victim’s mental status. If they are living and of sound mind, they must file on their own behalf.

If your loved one cannot make decisions independently, a guardian or other third party may file on their behalf if they have the legal authority to do so. An attorney can assist you in determining decision-making authority for your loved one.

If the victim has passed away, the personal representative of their estate may file a wrongful death lawsuit and distribute damages to beneficiaries. Under Pennsylvania law, only the spouse, children, or parents of the deceased may collect compensation. If no such relatives exist, the personal representatives may file for damages related to expenses. Contact a PA nursing home wrongful death lawyer if you have questions regarding your right to legal action.

Steps To Taking Legal Action

One of the first steps when you suspect nursing home abuse is to report the incident, either directly to local authorities or by calling a national nursing home abuse hotline. It’s also essential to file a claim with the facility.

To file a lawsuit, you’ll need to contact an experienced attorney. A Pennsylvania nursing home abuse lawyer can review your case and file a complaint with the appropriate court. This starts the process of pursuing compensation.

Your Legal Rights Under Pennsylvania Law

Under Pennsylvania law, nursing home residents have the right to freedom from neglect, intimidation, mistreatment, and abuse. If a resident has a complaint or issue, they have the right to file it without experiencing retaliation or intimidation. These rights are also protected at the federal level, thanks to the Nursing Home Reform Act of 1987.

If you have reason to suspect that an older adult is experiencing abuse, you have the right to report it to the appropriate local Area Agency on Aging, or AAA. This right applies to anyone, but facilities employees and administrators are mandated reporters. They must report any reasonable suspicion of abuse, either to the AAA or law enforcement, depending on the type of abuse.

You also have the right to pursue legal action for nursing home abuse and neglect. These matters tend to be classified as personal injury claims, which means the standard two-year statute of limitations applies. Different statutes may apply to certain types of abuse.

Missing your deadline to file may cost you the ability to sue. Consult with a Philadelphia elder law attorney as soon as possible to protect your loved one’s rights.

Understanding Nursing Home Abuse in Pennsylvania

Abuse occurs in Pennsylvania nursing homes with upsetting regularity. During the COVID-19 lockdown period, the state attorney general investigated multiple allegations of criminal neglect. The issue became so widespread that the state had to launch an email system for neglect reporting.

Since then, local news outlets have reported on multiple abuse situations, including cases of sexual abuse and assault in Pennsylvania nursing facilities.

Recently, the family members of several Pittsburgh nursing home residents testified that their loved ones suffered “violent physical assault” from staff members in an understaffed nursing home. As these cases illustrate, abuse can happen anywhere and take many forms.

Types of Nursing Home Abuse

While battery and sexual assault are well-known forms of nursing home abuse, many others are also likely to happen. Common types of abuse in Pennsylvania nursing homes include:

Any nursing home abuse has the potential to cause serious long-term harm. One of the best things you can do to protect your loved one is to look out for typical abuse injuries and warning signs.

Common Injuries and Signs of Neglect

Nursing home residents often have disabilities or medical conditions that prevent them from disclosing or even being aware of mistreatment. The more aware you are of potential abuse injuries and red flags, the more effectively you can advocate for your loved one’s interests.

Some of the most common signs of nursing home abuse include:

Bedsores, also called pressure sores
Unexplained cuts, bruises, or marks on the skin
Frequent infections
Weight loss or malnutrition
Dehydration
Emotional or personality changes
Atypical behavior
Changes in sleep or eating habits

Some nursing home abuse victims will tell you about what’s happening. Take all disclosures of abuse or neglect seriously. Report them immediately and focus on getting your loved one to a safe place. Once they’re out of harm’s way, contact an attorney to discuss legal options.

Free Consultation With a Pennsylvania Nursing Home Abuse Lawyer

If you suspect that someone you love is experiencing nursing home abuse, you deserve to fight back. Our attorneys are here to help with professional advice and representation that holds abusers accountable.

Contact us today to get legal help or learn more about nursing home compensation in PA. There’s no cost and no obligation.

Medically Reviewed by:

Dr. Patricia Shelton, MD

Education:

University of Washington, Doctor of Medicine – MD. June 2008
University of Washington, Bachelor of Science – BS, Jun 2003

Background:

Neuroscience and Medicine

Career:

Dr. Shelton primarily writes content for health-related websites, but has also written test prep materials, white papers, published research articles, court documents, and more.
Dr. Shelton teaches anatomy and physiology at the college level for the National Institutes of Health.

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