The decision to leave your loved one in the care of a nursing home is often a challenging one. You choose a facility and trust the staff to provide the care and support your loved one needs. Too many times, family members identify concerns about their loved one’s treatment and are unsure of what to do.
Our team of experienced Pennsylvania nursing home abuse lawyers at Munley Law is here to help. We can help you open a case and hold negligent and abusive facilities accountable.
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How Does Pennsylvania Define Nursing Home Abuse?
The term ‘abuse’ can be vague. However, the Pennsylvania State Operations Manual for skilled nursing facilities defines abuse as willfully inflicting injury, inappropriate confinement, intimidation, corporal punishment, or punishment that results in mental anguish.
This may also include depriving a resident of the necessary resources to maintain their physical or emotional well-being. The guide specifies that the use of the term willful only refers to deliberate action, not the intent to cause harm.
What are The Different Types of nursing home abuse?
Abuse can take many forms, and the operations manual goes on to identify several types that may look different to a loved one.
- Emotional: Emotional abuse in a nursing home refers to instances in which a caregiver or staff member engages in behavior that causes emotional harm. This may include name-calling, excessive criticism, or humiliating the residents.
- Physical: Physical abuse is often what we think of when discussing nursing home abuse. The American Psychological Association explains that physical abuse includes acts of violence against residents such as hitting, pushing, biting, slapping, or the inappropriate use of restraints or confinement.
- Financial: Financial abuse in nursing homes includes the inappropriate or unauthorized use or misuse of a resident’s money, benefits, or property. This abuse may consist of staff members taking items of value, charging the individual for services or items that should be included in room and board costs, or borrowing money.
- Sexual: When it comes to nursing home residents, any form of sexual contact between a staff member or caregiver and the resident is typically considered sexual abuse. This may include fondling, groping, oral contact with genitals, or intercourse. Sexual abuse is prohibited by Pennsylvania law.
- Medical: Some cases of abuse refer to medical or pharmacological restraints when the medical team overuses medications to sedate the resident without sufficient cause. In such instances, you may consider filing a lawsuit for medical malpractice against the medical providers and pursuing a personal injury claim if the facility shared liability by condoning or allowing the practice.
What Are Indicators of Nursing Home Abuse or Neglect?
The indicators of the abuse or neglect of your loved one are incredibly varied. A commonly overlooked indicator is often self-reporting. If your loved one states that they are being abused or seems to consistently complain about a particular staff member bothering them, it may be time to look a little deeper. Other indicators include changes in mood, cuts, bruises, malnutrition, a sudden aversion to certain people or places, or suspicious withdrawals from an account. This list is not exhaustive, and your loved one may show some or none of these signs.
What Should I Do If I Suspect Nursing Home Abuse?
If you suspect that someone in the nursing home is abusing your loved one, you can discuss your concerns with the facility. You may also choose to file a report with the Department of Aging to begin an investigation.
How Can I Report Nursing Home Abuse?
To report nursing home abuse, you can call the elder abuse hotline that is staffed 24/7. You can find more information on elder abuse and reporting suspected abuse of an older adult through the Department of Aging.
Can I Sue for Nursing Home Abuse?
In many situations, you may be eligible to sue on your loved one’s behalf for the abuse they endured in a nursing home. Your loved one may be able to recover damages for the cost of medical care to treat injuries, as well as pain and suffering.
Who is Legally Responsible for Nursing Home Abuse?
It can be challenging to determine who is legally responsible for abuse in a nursing home, and it often depends on the details of the situation. For example, if a staff member uses inappropriate confinement to manage a situation due to a lack of training, the facility may be responsible. However, both parties may also be held responsible if the offender was inappropriately vetted, where thorough background or reference checks may have identified this possibility.
In many situations, the facility is responsible for the behavior of the employee, whether that is through providing adequate training or quickly addressing concerns. However, the individual may often also be accountable for their actions. Working with an attorney can help you identify the appropriate responsible parties.
What are the Nursing Home’s Responsibilities to Prevent Abuse
Every Pennsylvania nursing home is required to provide for the physical, mental, and social needs of each resident. To do so, they should provide adequate training and oversight of team members. Additionally, nursing facilities are responsible for maintaining adequate staffing to stay in compliance with Pennsylvania’s required ratios.
Additionally, each nursing home should have policies and procedures in place to monitor patient care and protect workers from burnout that may result in negligence or abuse.
Is Neglect Different from Abuse?
In many conversations about nursing home abuse, you probably hear abuse discussed along with it. Neglect is often considered a type of abuse and typically refers to an instance when caregivers fail to provide the minimum resources.
Indicators of neglect may include dramatic weight loss, medical conditions that are worsening or left untreated, and bed sores from caregiver who fail to provide adequate motion and opportunity to move their body. Though it is often discussed separately from abuse, neglect is often just another form.
How Can a Munley Law Attorney Help Me in My Nursing Home Abuse Case?
Managing concerns of nursing home abuse can feel overwhelming. You may not want to jump to conclusions, but you also want to protect your loved one and hold the facility accountable. Should you speak with the facility in advance or file a report first? Our team with Munley Law can help you determine where you stand and the most appropriate steps forward. Our team can help you:
- Investigate the situation and gather evidence
- Determine all responsible parties
- Identify and value the damages
- File the appropriate paperwork
- Negotiate with the agency or the individual’s insurance provider
- Take your case to trial if necessary
In addition to the tasks we perform to investigate and negotiate your case, our team handles all communication with the facility, allowing you to focus on the well-being of your loved one.
Call Munley Law to Help You Protect Your Family
Chances are that your loved one has already been injured by the time you consult an attorney. However, when you call Munley Law, we will work diligently to recover compensation on behalf of your loved one and hold the facility or other responsible parties accountable.
While we cannot take back what happened, we can help you pursue justice in court. Our promise lies in our iron-clad commitment to our clients. You will not pay a dime until we recover compensation on your behalf. Contact us today for a free case consultation to discuss your options.
