Philadelphia Nursing Home Abuse LawyeR
A nursing home or assisted living facility should be a place where your senior loved ones can age in comfort with reliable, comprehensive medical and personal care. Unfortunately, more than 500,000 cases of elder abuse are reported annually throughout the United States.
Many of these facilities are regularly cited for neglect, safety violations, or other types of resident abuse.
If you or your senior loved one has suffered nursing home negligence or mistreatment at assisted living facilities, contact us at Cousin Benny today to schedule your free consultation.
Our Philadelphia nursing home abuse lawyer and legal team are ready to fight for you and help you seek the compensation you deserve.
Philadelphia Nursing Home Attorneys Ready to Fight for You
The Philadelphia nursing home attorneys at Cousin Benny are committed to protecting the safety and well-being of elderly residents and seeking justice for those who need it.
At Cousin Benny, we believe the elderly are entitled to respect, safety, and appropriate care. We’ve handled dozens of nursing home abuse cases and helped families recoup the compensation they need to move forward. This work also protects the rights of local seniors, helping to improve their quality of life.
Common Types of Nursing Home Abuse & Neglect
Unfortunately, there is no shortage of ways to abuse or neglect patients in nursing home facilities. Some of the recognized types of abuse in residential settings include the following:
- Physical abuse: Physical abuse involves actions that can cause or are intended to cause physical harm and suffering, such as hitting, slapping, pushing, or striking nursing home residents with objects. Physical abuse can also involve making threats of such actions to intimidate elderly persons or the improper use of physical or chemical restraints.
- Emotional abuse: Emotional or psychological abuse involves intentionally inflicting pain, anguish, or distress through verbal or nonverbal acts, such as threats, harassment, or attempts to humiliate or intimidate the elderly individual.
- Sexual abuse: Sexual abuse occurs when a nursing home worker or other individual uses their position of authority to get the nursing home resident to submit to nonconsensual sexual acts or engages in sexual activity with a patient who does not have legal capacity to consent to the activity.
- Financial abuse: Financial exploitation can occur in nursing homes when staff members steal from nursing home residents, get them to change their estate planning documents in the worker’s favor, or steal their identities for financial gain.
- Neglect: Nursing home neglect involves the failure to provide the resident with their basic needs, such as food, medicine, running water, and medical care.
Nursing home facilities and staff engaging in elder abuse will do anything they can to conceal it from the residents’ families. Knowing what signs to look for can not only prevent further harm to your loved one, it can support your case when filing a suit against the facility.
If you notice any of the following signs, report your suspicions to the proper authorities right away:
- Pressure sores or undressed wounds
- Falls, especially repeated falls
- Frequent UTIs
- Septic shock
- Head injuries
- Witnessed or recorded medication errors
If your family member has experienced one or more of the serious injuries or conditions listed above, contact Cousin Benny today. Our Philadelphia nursing home abuse lawyers can help you protect them.
Common Examples of Nursing Home Abuse
Nursing home abuse and neglect can take many forms. Some common examples of abusive or neglectful acts in nursing homes include:
- Frequent falls due to trip hazards or failing to provide fall risk assessments to patients
- Infections caused by unsanitary environments
- Bed sores from patients not being monitored or moved regularly
- Nursing home residents being overmedicated to make it easier for staff members to control them
- Medication mistakes and mix-ups
- Sexual activity with patients
- Hitting, pushing, or pinching nursing home residents
- Bullying or belittling residents
Ways to Prevent Nursing Home Abuse
At Cousin Benny Personal Injury, our personal injury attorneys want to help prevent your loved one from ever experiencing mistreatment in nursing homes. The following steps may help your family avoid instances of abuse:
- Carefully research nursing homes before moving your loved one into a long-term care residence.
- Check the federal care standards and ask potential nursing homes questions that may indicate whether or not they are complying with these federal requirements.
- Ask for recommendations for quality long-term care facilities from trusted loved ones.
- Engage in discussions with administration and prepare a care plan before your loved one relocates.
- Try to have frequent visits with your loved one, as this can drastically decrease the likelihood of abuse.
- Express any concern with staff you feel if any issue arises.
If you are afraid that your loved one may have experienced neglect or abuse in a nursing home setting, contact our law firm for a free legal consultation.
Signs of Possible Nursing Home Abuse or Neglect
In some cases, your loved one may be able to clearly communicate that something is wrong. However, if your family member has a cognitive condition like Alzheimer’s disease or is otherwise unable to communicate coherently, it’s important to know what to look for if you suspect abuse.
Common signs of physical abuse include:
- Unexplained injuries, including broken bones, bruising, scars, or lacerations
- Inconsistently administered medications (i.e., improper dosages)
- Restraint marks on wrists or ankles
- Staff will not allow you to be alone with your loved one
Common signs of emotional abuse include:
- Sudden progression of Alzheimer’s or dementia symptoms
- Thumb sucking, rocking, or other unusual behaviors
- Domineering or controlling behavior from staff
Common signs of sexual abuse include:
- Sudden onset of STIs
- Infections, cuts, or bruising in intimate areas
Common signs of nursing home neglect include:
- Bedsores, soiled bed linens, bedbugs
- Unreliable bathing schedule; being left in dirty clothing
- Sudden, unexplained weight loss or weigh gain
- Dehydration
If you notice any of these signs of abuse, it’s important to have an experienced nursing home abuse lawyer on your side. Contact Cousin Benny for support.
Reporting Nursing Home Abuse or Neglect
If you believe your loved one is in immediate danger, contact 911 right away. You can also call the Pennsylvania Department of Aging elder abuse hotline at (800) 490-8505. This phone number is monitored 24/7.
Once your loved one is safe, you can file a complaint with one or more of the following entities:
- Adult Protective Services
- Pennsylvania Department of Health
- A Long-Term Care Ombudsman
- Local police station
Having legal support during and after this process can make things go more smoothly, resolve the matter faster, and alleviate stress for you and your loved ones. The
The Philadelphia personal injury lawyers at Cousin Benny are ready to provide the legal support and advice you need.
How Long Do You Have to File a Nursing Home Abuse Lawsuit Under Pennsylvania’s Statute of Limitations
Under 42 Pa C.S.A. § 5524, the statute of limitations on filing a nursing home abuse claim is two years. However, there are exceptions that take certain extenuating circumstances into account.
The discovery rule allows the two-year time limit to be delayed if your loved one wasn’t aware of their injury or health issue right away. For example, soft tissue injuries, concussions, and back injuries may not show up until days or even weeks after they were sustained.
Additionally, if the defendant (person or organization at fault) was out of state or concealing their identity while in-state for more than four months, the two-year limitation doesn’t apply until after the person or entity has returned to the state or been identified.
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Determining & Proving Liability for Nursing Home Abuse in Philadelphia
Nursing homes in Philadelphia, PA are obligated to provide the following to their residents:
- Ensure facilities and equipment are safe and appropriate
- Hire and train competent, qualified employees
- Oversee those employees to ensure high-quality care
- Enforce safety and care administration policies
To determine whether the nursing home facility staff can be held liable for causing harm to your loved one, you must provide evidence indicating the facility or staff committed a breach of care by failing to adhere to the above guidelines.
Under corporate negligence theory, a nursing home in Philadelphia can be held either directly or vicariously liable when residents are abused. Vicarious liability means the facility was indirectly responsible for residential abuse due to employee mismanagement.
Mismanagement often leads to employees neglecting residents’ safety or failing to properly administer care, resulting in residents becoming injured or sustaining other kinds of harm.
Direct liability indicates the facility had prior knowledge of the problem that led to negligence or harm. For instance, you would need evidence that the facility’s doors didn’t lock properly or that there was a pattern of behavior with certain employees.
To prove either type of liability, expert testimony is crucial. An expert can confirm the standard of care for which the facility was responsible, which is essential in proving that the nursing facility in question was not meeting those standards.
The nursing home abuse attorneys at Cousin Benny can help you gather evidence,build a strong case, and also obtain expert testimony to support your claims. Our goal is to help you and your family seek justice.
Damages You Could Recover from a Philadelphia Nursing Home Abuse Claim
In nursing home abuse cases, the wronged party and their loved ones can claim either compensatory or punitive damages — many parties even receive both types.
Compensatory damages are meant to help the injured party pay for medical care, counseling, psychological care, rehabilitation expenses, or anything else they need to recover from the incident. According to Pennsylvania statute title 40 section 1303.505d, there is no limit on the amount of compensatory damages the victim may be entitled to.
In tragic cases of wrongful death, compensatory damages may be awarded to the victim’s family to ease the financial burden of funeral costs, burial expenses, and non-material items such as comfort, guidance, service, and society.
In cases of nursing home abuse, the affected parties may also claim punitive damages, which are designed to penalize those at fault. Under Pennsylvania’s medical professional liability statutes, “Punitive damages may be awarded for conduct that is the result of the health care provider’s willful or wanton conduct or reckless indifference to the rights of others.”
This provision means you may be entitled to compensation above and beyond the funds needed to ease your financial burden following the alleged abuse.
What to Do If You Suspect Your Loved One Is Being Abused
At Cousin Benny Personal Injury, the safety of nursing home residents in Philadelphia, PA, is paramount. If you suspect that your loved one may have experienced any of the forms of abuse discussed above, follow these steps to protect their safety and legal rights:
Talk to Your Loved One
Some victims of nursing home abuse may be able to communicate, while others may not. Try to discuss your concerns with your loved one to see if you can get any details about what has been going on.
Gather Evidence
Document any outward signs of abuse that you observe, such as taking pictures of physical injuries or a decline in your loved one’s hygiene.
Consider Alternative Living Arrangements
The most important priority is ensuring that your loved one has access to adequate care. You might need to move your loved one to another facility if you believe that the nursing home will not prevent future instances of abuse or neglect.
Report the Abuse
Use the steps outlined above to report the suspected abuse to the authorities. An official investigation may be undertaken to determine if your loved one or others experienced mistreatment in the nursing home.
Maintain Good Records
Keep all of your loved ones’ medical bills and records, as they can indicate the direct financial harm experienced as a result of the mistreatment. Consider keeping a journal to record your and your loved one’s daily activities to indicate how the abuse or neglect has affected your family.
Speak to an Experienced Attorney
An experienced personal injury lawyer can conduct a full investigation to determine the parties responsible for your loved one’s mistreatment. They can also advise you on your next steps for pursuing a nursing home abuse claim.
Call Cousin Benny Today to Talk with a Philadelphia Nursing Home Abuse Lawyer
Nursing home residents are dependent on the nursing home facility and staff to provide them with appropriate medical care and personal care with respect to their comfort and dignity. Regrettably, some nursing homes neglect their residents, either via safety violations or — most tragically — outright physical or medical abuse.
If your loved one has suffered at the hands of neglectful or abusive nursing home staff, contact Cousin Benny’s nursing home abuse lawyers in Philadelphia, PA, today.
We’ll fight relentlessly for the damages you and your family member deserve.