Nursing Home Abuse Attorneys

Personal Injury Lawyers / Nursing Home Abuse Attorneys

Your Nursing Home Abuse Lawyers

No one should suffer abuse or neglect in a nursing home. Contact the team at Munley Law Personal Injury Attorneys to hold negligent facilities responsible.

When your loved one enters a nursing home, care homes, or long-term care facility, you trust the staff there to provide proper care and protect them from harm. But all too often that’s just not the case.  Sometimes, your loved one may be the victim of abuse or neglect by nursing home staff.

That anyone’s parent, grandparent, aunt, or uncle should suffer abuse and neglect is unacceptable. The team at Munley Law Personal Injury Attorneys will fight for your family.

The nursing home abuse lawyers at Munley Law Personal Injury Attorneys are ready to fight for your loved one’s rights. With our dedicated team of paralegals, our attorneys will not rest until the negligent facility is held responsible. If your loved one is suffering, don’t delay. Call or fill out our email form to get in touch with one of our nursing home abuse attorneys.

What is Nursing Home Abuse?

Nursing home abuse refers to intentional actions or negligence by caregivers or staff in a nursing home that harm or endanger residents. It can take various forms, including physical, emotional, sexual, or financial abuse, as well as neglect.

Here are some common types of nursing home abuse:

Physical Abuse

This involves the intentional use of force that results in bodily injury, pain, or impairment. Examples include hitting, slapping, pushing, restraining, or inappropriate use of physical restraints.

Emotional or Psychological Abuse

Emotional abuse involves behaviors that inflict mental anguish, distress, or fear on the resident. This can include verbal threats, insults, intimidation, isolation, or humiliation.

Sexual Abuse

Sexual abuse involves any form of non-consensual sexual contact or activity with a resident. This includes sexual assault, coercion, unwanted touching, or any sexual activity involving a person incapable of giving consent due to age, disability, or cognitive impairment.

Financial Abuse

Financial abuse involves unauthorized or improper use of a resident’s funds, property, or assets for the benefit of someone else. This can include theft, fraud, coercion, undue influence, or exploitation of a resident’s finances.

Nursing Home Neglect

Neglect occurs when caregivers fail to provide the necessary care, assistance, or supervision to meet a resident’s basic needs, leading to harm or endangerment. This can include failure to provide adequate food, water, hygiene, medical care, or protection from health and safety hazards. Nursing home residents who experience neglect can develop serious illnesses, infections, injuries, and untimely death.

Why is Abuse Present in Nursing Homes?

The tragic truth is that many nursing homes behave as an industry that houses our elderly loved ones at the lowest cost possible.

Nursing home abuse and neglect can occur for various reasons, often stemming from systemic issues within the long-term care industry and specific factors related to individual caregivers, residents, and facilities. Some common reasons include:

Understaffing and Overwork: Nursing homes may be understaffed, leading to caregivers being overworked and overwhelmed. This can result in neglectful or abusive behavior due to the inability to adequately meet the needs of residents.

Lack of Training and Supervision: Caregivers may not receive sufficient training or supervision to effectively handle the complex needs of residents, leading to mistakes, negligence, or improper care practices.

Poor Hiring Practices: Nursing homes may have inadequate hiring processes, resulting in the employment of individuals with a history of abuse or neglect, or who lack the necessary qualifications and compassion for caregiving roles.

Lack of Resources: Nursing homes may face financial constraints or prioritize profits over resident care, leading to cutbacks in essential resources such as staffing, training, equipment, and facility maintenance.

Isolation and Dependency: Residents in nursing homes may be socially isolated, physically frail, and dependent on caregivers for their basic needs, making them vulnerable to abuse and less likely to report mistreatment.

Underreporting and Ignored Complaints: Residents may fear retaliation or lack the ability to report abuse or neglect due to cognitive impairment, communication barriers, or intimidation by caregivers. Even when complaints are made, they may be ignored or dismissed by nursing home staff or management.

Lack of Regulatory Oversight: Weak regulatory enforcement and oversight of nursing homes may allow abusive or neglectful practices to persist without consequences, fostering a culture of impunity.

Ultimately, this creates serious and even life-threatening problems for nursing home residents: failure to manage pain effectively, hospitalization, dehydration, and even starvation.

What are the Signs of Nursing Home Abuse?

The following are some of the early warning signs of nursing home abuse:

• Unexplained bruises, cuts, burns, sprains, or fractures in various stages of healing
• Bedsores or frozen joints
• Unexplained venereal disease or genital infections
• Sudden changes in behavior
• Staff refusing to allow visitors to see resident or delays in allowing visitors to see resident
• Staff not allowing the resident to be alone with the visitor
• Residents being kept in an over-medicated state or even denied their medication
• Loss of resident’s possessions
• Sudden large withdrawals from bank accounts or changes in banking practices
• Abrupt changes in a will or other financial documents
• Deliberate lack of communication between caregivers and patient’s family members

Many cases are thought to go unreported not only in Pennsylvania because a loved one may fear disclosing information about their treatment or may simply not have the physical and/or mental capabilities to do so. Your family member may be frightened to tell, especially if they are being threatened by the abuse and kept in bed. Sometimes, they may even think the abuse is normal and may not even be aware that they are being abused. Nursing home neglect and elder abuse in Philadelphia nursing need our Munley Law Nursing home lawyers to help claim and view your lawsuit for abuse nursing injuries.

What To Do if You Suspect Nursing Home Abuse

If you suspect that your loved one is a victim of nursing home abuse or neglect, it’s crucial to take immediate action to ensure their safety and well-being. Here are steps you can take:

Document Your Concerns

Keep detailed records of any signs or symptoms of abuse or neglect that you observe, including dates, times, and descriptions of incidents. Take photographs of any injuries or unsafe conditions.

Talk to Your Loved One

Speak directly with your loved one about your concerns in a supportive and non-threatening manner. Listen to their experiences and observations, and reassure them that you are there to help.

Contact the Nursing Home Administrator

Report your concerns to the administrator or management of the nursing home. Provide them with specific details and evidence of the suspected abuse or neglect and ask them to investigate the matter promptly.

File a Formal Complaint

If you’re not satisfied with the response from the nursing home administration, consider filing a formal complaint with the appropriate regulatory agency. In the United States, complaints about nursing home abuse or neglect can be filed with the state’s Long-Term Care Ombudsman program, Adult Protective Services (APS), or the state health department.

Seek Medical Attention

If your loved one has sustained injuries or is in immediate danger, seek medical attention for them as soon as possible. Ensure that they receive appropriate medical care and document their injuries with healthcare professionals.

Consult with an Attorney

Consult with a lawyer who specializes in elder law or nursing home abuse cases. They can advise you on your legal rights and options for seeking justice and compensation for your loved one’s suffering.

Why Choose Munley Law Nursing Home Abuse Lawyers?

You need the best nursing home lawyer for your family member and that is what we provide. We have never had in the past have a client leave or back out from our service. Elder planning for home care may not be an option for many reasons and we want to trust our older family members to live in a safe environment.

After years of providing poor elder care, nursing homes are finally being held accountable. A flood of lawsuits has been filed across the country, and grieving families are receiving compensation for pain, suffering, and the untimely death of loved ones. If your elderly loved one has been neglected, abused, or injured while in the care of a nursing home or other healthcare facility, contact the nursing home abuse lawyers at Munley Law Personal Injury Attorneys today.

Nursing Home Abuse FAQs

Q: What federal laws protect nursing home residents’ rights?

Several federal laws protect the rights of nursing home patients in the United States. Some of the key ones include:

Nursing Home Reform Act (OBRA ’87): This law established the basic standards of care and rights for residents in nursing homes that participate in Medicare and Medicaid programs. It covers various aspects of nursing home care, including residents’ rights, quality of care, and quality of life.

Residents’ Bill of Rights: Part of the Nursing Home Reform Act, the Residents’ Bill of Rights outlines specific rights that nursing home residents are entitled to, including the right to dignity, privacy, freedom from abuse and neglect, and the right to voice grievances without fear of retaliation.

Older Americans Act (OAA): This law provides funding for a wide range of programs and services for older adults, including long-term care services and supports. It aims to promote the independence and well-being of older Americans.

Health Insurance Portability and Accountability Act (HIPAA): HIPAA includes provisions that protect the privacy and security of individuals’ health information, including nursing home residents. It limits who can access residents’ medical records and requires nursing homes to obtain consent before sharing residents’ health information.

Americans with Disabilities Act (ADA): While primarily focused on prohibiting discrimination against individuals with disabilities in various settings, the ADA also applies to nursing homes, requiring them to provide reasonable accommodations to residents with disabilities and ensure equal access to services and facilities.

Social Security Act: This act includes provisions related to the certification and oversight of nursing homes participating in Medicare and Medicaid programs. It establishes requirements for nursing homes to participate in these programs and receive reimbursement for services provided to eligible residents.

These laws, along with state regulations, provide a framework for protecting the rights and well-being of nursing home residents in the United States.

Q: What is an ombudsman in a nursing home abuse case?

In the context of nursing home abuse, an ombudsperson (often referred to as a Long-Term Care Ombudsman) plays a critical role in advocating for the rights and well-being of residents living in long-term care facilities, such as nursing homes, assisted living facilities, and other adult care homes. The ombudsman program is designed to improve the quality of care and life for residents of these facilities by addressing complaints and promoting policies and practices that protect residents.

Ombudsmen receive, investigate, and work to resolve complaints made by or on behalf of long-term care residents. It is their job to help protect residents’ rights and provide information to families about their rights and the standards they should expect from a long term care facility. Find your local Long-Term Care Ombudsman program through state agencies or the National Ombudsman Resource Center website.

Q: Is nursing home abuse a crime?

Yes, nursing home neglect or abuse can be considered a crime in many jurisdictions. The determination of whether an act of neglect or abuse is criminal depends on the laws of the state or country where the nursing home is located. Criminal charges related to nursing home abuse or neglect can range from misdemeanors to felonies, depending on the severity of the actions and the harm caused to the resident.

Criminal charges that might be brought in cases of nursing home abuse or neglect include, but are not limited to:

• Assault and Battery: Physical abuse of a nursing home resident can lead to charges of assault and battery, especially if the abuse results in physical injury.
• Sexual Assault: Sexual abuse of residents in nursing homes is a criminal act and can lead to charges of sexual assault or rape.
• Neglect or Endangerment: Willfully neglecting a nursing home resident’s basic needs, leading to harm, can result in charges of neglect or endangerment.
• Financial Fraud: Illegally using a nursing home resident’s funds, property, or assets without permission can lead to charges of theft, fraud, or embezzlement.
• Homicide: In extreme cases, if abuse or neglect leads to the death of a resident, it can result in homicide charges.

The state prosecutes criminal cases, and the accused may face penalties including fines, probation, or imprisonment if found guilty. Apart from criminal charges, perpetrators of nursing home abuse or neglect can also face civil lawsuits filed by the victims or their families seeking compensation for damages caused by the abuse or neglect.

Many states have mandatory reporting laws requiring certain professionals (such as doctors, nurses, and social workers) and sometimes any person who suspects elder abuse to report it to local authorities or adult protective services.

Q: Who can file a nursing home abuse lawsuit?

The Victim

If the nursing home resident (victim of abuse or neglect) is mentally and physically capable of managing their own affairs, they can file a lawsuit against the nursing home, its staff, or any other party responsible for the abuse or neglect.

Family Members

In many cases, particularly if the resident is unable to file a lawsuit due to incapacity (e.g., due to dementia, Alzheimer’s, or other disabilities), family members may file the lawsuit on behalf of the resident. Typically, this would be close family members such as spouses, adult children, or legal guardians.

Legal Guardians or Powers of Attorney

If someone has been legally appointed as the guardian or holds a power of attorney for an abused nursing home resident, they may have the authority to file a lawsuit on the resident’s behalf. This legal authority allows them to make decisions regarding the resident’s health care, finances, and legal matters.

Estate Executors or Administrators

If the nursing home resident has passed away, whether as a result of the abuse or neglect or due to unrelated causes, the executor or administrator of the resident’s estate may file a lawsuit. This is particularly relevant in cases where the abuse or neglect may have contributed to the resident’s death, and the lawsuit is part of a wrongful death claim.

Contact an Experienced Nursing Home Abuse Attorney

If your parent or family member has suffered harm due to abusive or neglectful conditions at a nursing home or long term care facility, contact an experience nursing home abuse lawyer at Munley Law for a free consultation. We do not charge a fee for our services unless we win your case.