Philadelphia Nursing Home Abuse: Negligence vs. Criminal Conduct in PA

Many Philadelphia families rely on nursing homes and assisted living facilities to care for aging loved ones, and the growing elderly population in Pennsylvania has only increased the need for long-term care facilities. While most facilities strive to provide proper care, cases of abuse, neglect, and mistreatment still occur even in skilled nursing facilities, memory care units, assisted living communities, and rehabilitation centers in Philadelphia.

Families are often unsure whether what happened is medical negligence, civil wrongdoing, or a crime. Oftentimes, they will miss the early warning signs of mistreatment, only taking notice once conditions worsen. Early indicators include repeated falls, unexplained bruising or injuries, poor hygiene or untreated bedsores, sudden behavioral changes, and medication errors.

Pennsylvania law treats civil negligence and criminal abuse differently, but both can arise from the same incident. Our Munley Law attorneys in Philadelphia are here to assist you if your loved one was abused in a nursing home or assisted care facility. With over 65 years of experience representing personal injury victims and over $1 billion in settlements, our team provides powerful advocacy for residents who feel voiceless.

What Counts as Nursing Home Negligence Under Pennsylvania Law

Nursing homes have a legal duty to care for residents. Caregivers owe residents proper medical care, a safe environment, adequate staffing, and constant monitoring.

Negligence typically involves carelessness or failure to meet professional standards, not intentional harm. Examples of negligence in nursing homes include failure to prevent bedsores, medication mistakes, failure to supervise residents prone to falls, dehydration, malnutrition, and delayed medical treatment.

Criminal Abuse and Neglect Under Pennsylvania Law

While most negligence is not intentional, some conduct crosses the line into criminal abuse or neglect. Some criminal offenses that may apply under Pennsylvania law include:

• Assault against a care-dependent person
• Abuse of a care-dependent person
• Recklessly endangering another person
• Theft or financial exploitation of residents

These offenses align with abusive conduct like physical abuse, intentional withholding of food or medication, sexual abuse, stealing money or valuables, or extreme neglect that puts a resident’s life in danger. Criminal cases are handled by prosecutors rather than the victim’s family. In Philadelphia, these cases are prosecuted by the  District Attorney’s Elder Justice Unit, a dedicated unit that handles crimes against residents 60 and older.

Key Differences Between Civil Claims and Criminal Cases

Civil Claim

• Case filed by the injured resident or family
• Purpose of the case is to provide financial compensation for the harm done
• Burden of proof is a preponderance of the evidence, or more likely true than not
• Possible outcomes include compensation for medical costs, pain and suffering, and other damages

Criminal Case

• Case brought by prosecutors
• Purpose of the case is to punish those responsible for the harm, to deter others from harming the elderly and to increase public safety
• Burden of proof is beyond a reasonable doubt
• Possible outcomes include jail time, fines and probation

Many nursing home abuse cases involve both types of legal action. For example, if a staff member assaults a resident, criminal charges can be pressed against the staff member and the resident can also file a lawsuit against the care facility. Facilities may face civil liability for negligent hiring, training or supervision.

Who Can Be Held Liable in a Nursing Home Abuse Case

Potential defendants in a Philadelphia-area nursing home abuse case include individual caregivers, nurses or medical staff, facility administrators, nursing home corporations, or third-party contractors.

Many nursing homes operate through layered corporate structures, with separate companies owning the property, employing staff, and managing daily operations. This setup can make it more difficult to determine which entity is legally responsible when abuse or neglect occurs. As a result, identifying all liable parties often requires a careful legal investigation.

What Families Should Do if They Suspect Nursing Home Abuse

If you believe that your loved one is being abused at their care facility, follow these steps:

• Document injuries and conditions with photos and notes
• Speak with facility management and request records
• Seek immediate medical evaluation if necessary
• Report suspected abuse to Philadelphia Corporation for Aging’s Older Adult Protective Services — available 24/7 at 215-765-9040
• If criminal conduct is involved, contact the Philadelphia DA’s Elder Justice Unit at 215-686-5710
• Consult our nursing home abuse attorneys at Munley Law

It is imperative to act quickly to protect other residents at the nursing facility.

Protecting Vulnerable Residents in the Philadelphia Community

When a nursing home betrays the trust of a resident and their family, the consequences extend beyond one person. Understanding whether what happened constitutes negligence, criminal conduct, or both is the first step toward accountability. Taking legal action can protect your loved one and help prevent the same harm from reaching other residents.

If you or a loved one has suffered abuse or neglect in a nursing home, the attorneys at Munley Law are ready to help. Families turn to our firm because we have spent decades advocating for injured individuals and standing up to large nursing home companies and their insurers.

Our board-certified trial lawyers conduct thorough investigations to uncover how the harm occurred. This may include reviewing facility records, consulting with medical and geriatric experts, interviewing staff and witnesses, and evaluating staffing levels and safety practices. By identifying failures in care and documenting the full scope of the harm, we work to hold negligent facilities accountable and pursue the compensation families deserve.

Contact Munley Law today for a no-obligation, free consultation.