Philadelphia Nursing Home Abuse Lawyer

The decision to place a loved one in a nursing home is never easy. It means your family member is facing challenges that they need consistent support for.

This is also a decision that comes with a mix of emotions for the family. There is a sense of relief knowing that your loved one will receive the care they need. However, there’s also a level of anxiety about whether they will be treated with the respect and compassion they deserve.

The goal for every family should be to conduct a thorough examination of any prospective nursing home. Even with your review, an issue could crop up due to staff turnover. Unfortunately, not all nursing homes meet the high standards we expect for our loved ones, leading to a distressing reality that many families are forced to face: Their loved one might be the victim of abuse.

When it happens, you want to have a dedicated Philadelphia nursing home abuse lawyer as your advocate.

That’s where the experienced professionals at Laffey Bucci D’Andrea Reich & Ryan can help. We are a team of experienced attorneys who have provided guidance to many families who have dealt with the tragic circumstances of nursing home abuse.

At the very least, you owe it to yourself to discuss what happened and to find out what your next options should be. We can provide many of those answers at our first meeting. Set up that conversation today.

What Is Nursing Home Abuse?

According to the World Health Organization (WHO), as many as 2 out of 3 nursing home and long-term care facility staff admit that they’ve committed some form of elder abuse in the previous 12 months.

This has been an issue of growing concern. It is why Congress passed the Nursing Home Reform Act (NHRA) in 1987.

The NHRA outlines the national requirements of nursing homes and the basic rights of their residents. Ironically, this act was generated after the federal agencies held a Philadelphia nursing home responsible for failing to provide its residents with adequate care. According to the rules put forth in the NHRA, residents of a nursing home are entitled to the following:

• Freedom from all forms of abuse
• Freedom to make their own decisions, particularly regarding their care plan
• Freedom to file complaints without the threat of retribution
• Right to receive quality care specific to their physical, mental, emotional, and social needs

As a supplement to that act, Pennsylvania’s Older Adults Protective Services Act (OAPSA) mandates that any person who is suspected of committing nursing home abuse must be reported immediately.

The Philadelphia nursing home abuse lawyers you retain to support your family can provide guidance about which agencies need to be notified about the suspected abuse. Your attorneys will also be in the best position to get a response.

Types of Nursing Home Abuse

Nursing home abuse can take many forms, ranging from physical and emotional abuse to neglect and financial exploitation. It’s important to be able to recognize the signs of abuse and understand the steps you should take if you suspect your loved one is being mistreated.

The following details are the potential types of abuse and what you should be on the lookout for:

Physical Abuse

We all experience the occasional bruise or bump, but there is usually an explanation. If you visit your loved one and discover that they have unexplained broken bones, dislocations, sprains, bruising, scars, or welts on their body, those could be signs of physical abuse and not injuries from an accidental fall.

You should also look out for signs of restraint, such as red marks around your loved one’s wrist. If the nursing home resists you being alone with your loved one, it could mean they are trying to keep something from you.

Emotional Abuse

You don’t just want to check in with your loved one to see how they are feeling physically, but also emotionally. You want to observe any unusual behavior, like mumbling or rocking. They might also act depressed or anxious. They could withdraw from taking part in certain social activities or react in fear around certain staff members.

Speaking of those staff members, they might be on their best behavior while you’re visiting your loved one, but how are they treating the other residents?

There is nothing wrong with speaking to those residents if you notice something that doesn’t seem right about their emotional behavior.

Sexual Abuse

Sexual abuse is an extremely disturbing assault. This category of abuse is defined as any non-consensual sexual contact. Signs can include the following:

• Sexually transmitted infections
• Emotional trauma
• Bruising near the genitals or around the breasts
• Stained, bloody, or torn underwear
• Vaginal or anal bleeding unrelated to a medical condition

In situations of nursing home sexual abuse, the victim might not be able to communicate the abuse or fear doing so.

Caregiver Neglect

Caregiver neglect can manifest in a variety of occurrences. For instance, a resident with mobility issues could be left alone for extended periods of time. Neglect can also show up when unsafe living conditions are created by the lack of heat in the winter or the cool air in the summer.

If the resident rooms aren’t kept clean, that can lead to infections.

Neglect can also show up if your loved one isn’t dressed properly for the weather, their hygiene needs are ignored, or their bedding and clothing are soiled. Caregiver neglect can also show up as bedsores, unusual weight loss, and recurring dehydration.

In fact, Studies have suggested that up to 38% of residents have experienced dehydration at some point.

Financial Exploitation

Unauthorized use of a resident’s funds or property is also not uncommon. The National Council on Aging reports that “the annual loss by victims of financial abuse is estimated to be at least $36.5 billion.”

Watch for sudden financial changes, missing belongings, or unexplained withdrawals. You also have to be aware of changes in power of attorney, life insurance beneficiaries, and property titles. These are the types of financial elements you should be in charge of, especially if your loved one no longer has direct access to them.  The only power of attorney should be you.

Healthcare Fraud

Nursing homes depend on Medicare and Medicaid for their support. That means they need to file claims on behalf of the residents that might go beyond the monthly payments. You have to watch out for duplicate bills or services.

There might also be orders for exams and screenings that your loved one doesn’t need.

If you observe any of these signs, you’ll want to speak with a Philadelphia nursing home abuse attorney right away. Your attorney can help you report the abuse to the proper agencies and step in to facilitate a reckoning.

Why You Need a Philadelphia Nursing Home Abuse Lawyer to Help You

When you suspect a loved one is being abused, it’s crucial to act quickly.

Pennsylvania typically has a 2-year statute of limitations on these types of cases. A specialized Philadelphia elder abuse lawyer can help navigate the complex legal landscape, ensuring that your loved one’s rights are protected and that justice is served.

Expertise in Elder Law

A Philadelphia nursing home negligence lawyer specializes in elder law and understands the specific state and Federal regulations and standards that residential facilities must adhere to. This expertise is vital in building a strong case against the abusers and the institution responsible.

Investigation and Evidence Gathering

Proving nursing home abuse requires a thorough investigation and evidence gathering. An experienced attorney has the resources and experience to collect medical records, witness statements, and other crucial evidence to support your case.

Legal Representation

Having a lawyer in your corner means you have someone to represent you in court or negotiations with the assisted living facility’s legal team. This can significantly improve the chances of a favorable outcome, whether it’s a settlement or a court verdict.

Choosing the Right Lawyer

Selecting the right lawyer is crucial for success. Here are some factors to consider when choosing a nursing home abuse lawyer in Philadelphia:

• Experience and Expertise: Look for a lawyer or legal team with extensive experience in nursing home abuse cases and a deep understanding of elder law. They should have a proven track record of successful outcomes in similar cases.
• Compassion and Understanding: Dealing with this type of abuse is emotionally taxing. Your lawyer should not only be skilled but also compassionate and understanding of your situation. They should be someone you feel comfortable talking to and who genuinely cares about your loved one’s well-being.
• Resources and Support: Choose a lawyer with the resources to thoroughly investigate and build a strong case. This includes access to medical experts, investigators, and a supportive legal team.
• Reputation: Research the lawyer’s reputation by reading reviews and testimonials from previous clients. A Philadelphia elder neglect attorney with a strong reputation for fighting nursing home abuse and achieving justice for their clients is more likely to be a reliable advocate for your case.

The Legal Process

Understanding the legal process can help alleviate some of the stress and uncertainty associated with pursuing an abuse case.

Initial Consultation

Your first step is an initial consultation with the lawyer. During this meeting, you’ll discuss your concerns and provide any documentation or evidence you have, and the lawyer will explain your legal options.

Investigation

The lawyer will conduct a thorough investigation, gathering evidence, interviewing witnesses, and consulting with medical experts to build a strong case.

Filing a Lawsuit

If there is sufficient evidence of abuse, the lawyer will file a lawsuit against the responsible parties.

This could include the nursing home, staff members, or other involved parties.

Negotiation and Settlement

In many cases, the long-term care facility may offer a settlement to avoid a lengthy court battle.

Your lawyer will negotiate on your behalf to ensure any settlement is fair and just.

Trial

If a settlement cannot be reached, the case will go to trial. Your lawyer will represent you in court, presenting the evidence and advocating for your loved one’s rights.

Damages You Can Be Awarded

The most important thing you want to resolve with a case of nursing home abuse is to stop that abuse.

That can mean having the accused staff member immediately suspended, as well as having the nursing home provide a concrete plan for rectifying the situation.

Even if the staff member is fired and the situation is corrected, you could still be entitled to seek damages. Those damages can include the following:

• Medical bills
• Psychological care
• Rehabilitation expenses
• Pain and suffering
• Mental anguish

You are also entitled to get back any funds that were inappropriately removed from your loved one’s accounts. In extreme situations where the only reasonable action would be to relocate to another care facility, you can seek reimbursement for any costs associated with the move.

Get the Right Help Now

Abuse is a grave issue that affects vulnerable individuals who deserve our utmost care and respect.

If you suspect that a loved one is being abused in an assisted living facility in PA, it’s essential to act quickly and seek the help of a dedicated Philadelphia nursing home abuse lawyer. With our expertise, resources, and compassion, we can help ensure that your loved one receives justice and that those responsible are held accountable.

Protecting our elderly population is a responsibility we all share, and having a skilled attorney by your side is a crucial step in fulfilling that duty.

Contact us today at Laffey Bucci D’Andrea Reich & Ryan to learn more about your rights.