Nursing Home Abuse Lawyer: Holding Care Facilities Accountable for Neglect

What counts as nursing home neglect in Pennsylvania?

Nursing home neglect is a failure to provide the care a resident needs, such as turning, feeding, hydration, supervision, hygiene or medication, that leads to harm. Abuse is intentional mistreatment, whether physical, emotional, sexual or financial. Both can support a civil claim against the facility.

Pennsylvania's MCARE Act treats nursing homes as health care providers, so many neglect claims are handled as professional negligence cases, with a certificate of merit and review by a qualified medical professional. Warren I. Siegel lists medical malpractice as one of the main focuses of his practice and has served as a Discovery Master in medical malpractice matters for the Philadelphia court system.

Bedsores and pressure injuries

Pressure injuries, often called bedsores, form when a resident stays in one position too long and blood flow to the skin is cut off. They usually appear over bony areas such as the tailbone, hips and heels. They range from red, unbroken skin to deep wounds that expose muscle or bone and can lead to serious infection.

Many advanced bedsores are preventable with regular repositioning, pressure-relieving mattresses, good nutrition, and daily skin checks. When a resident develops a deep wound, we look at the care plan, turning and repositioning logs, wound care notes, and staffing on the shifts involved.

Falls and fractures

Falls are a common source of nursing home claims. Residents with weakness, dementia or certain medications need an assessment of fall risk and a plan to protect them: bed alarms, low beds, help getting to the bathroom, and supervision that matches their needs.

A fall that breaks a hip or causes a head injury can change the rest of a resident's life. The claim asks whether the facility knew the risk, whether the plan was followed, and whether staff responded promptly after the fall, including getting imaging and medical care.

Neglect: dehydration, malnutrition, infections and wandering

Neglect shows up in many ways. Sudden weight loss or dehydration can mean a resident was not helped with meals or fluids. Untreated urinary tract infections, pneumonia and sepsis can signal that changes in condition were missed. Medication errors, missed doses and oversedation happen when staff are stretched thin.

Residents with dementia who leave the building unnoticed, sometimes called elopement, can be seriously hurt. Understaffing often sits underneath these problems, so staffing records and facility policies are part of the evidence we request.

Physical, emotional and financial abuse

Abuse includes hitting, rough handling, improper restraint, threats, humiliation, isolation, sexual contact, and theft of a resident's money or property. Warning signs include unexplained bruises or fractures, fear of certain staff members, sudden changes in behavior, and missing money or belongings.

If you believe a resident is in danger right now, call 911. A civil claim is separate from any criminal case and does not require a criminal charge. We focus on the facility's responsibility for hiring, training, supervising and protecting residents.

Families are often the first to notice something is wrong. Visit at different times of day when you can, ask to see the care plan, and keep a written log of what you see and who you spoke with. Those notes can become important evidence later.

Where to report concerns in Pennsylvania

You can report suspected abuse or neglect of an older adult to Pennsylvania's statewide Elder Abuse Helpline at 1-800-490-8505, which the Department of Aging lists as staffed 24 hours a day, 7 days a week. Reports can be made for someone living in a nursing home, a personal care home or a hospital, and reporters can remain anonymous.

You can also file a complaint about a nursing home with the Pennsylvania Department of Health, which licenses and inspects these facilities, through its complaint hotline at 1-800-254-5164 or its online complaint form. The Department of Health also publishes inspection results for Pennsylvania nursing homes, and Medicare's Care Compare tool lists federal inspection findings and staffing information. Those reports can support a civil claim.

Arbitration agreements in admission papers

Many families find an arbitration agreement buried in the admission packet. For facilities that take Medicare or Medicaid, federal rules at 42 CFR § 483.70(m) say the facility cannot require a resident or representative to sign a binding arbitration agreement as a condition of admission or of continued care, and the agreement must give the right to cancel it within 30 calendar days of signing.

Whether a signed agreement can be enforced depends on its terms, who signed it, and whether those rules were followed. Bring the full admission packet to your case review.

When a resident dies

If neglect or abuse led to a resident's death, the family may bring a wrongful death claim and the estate may bring a survival claim. When the claim is based on the facility's care, the MCARE Act generally requires those claims to be filed within two years after the death, unless the cause of death was misrepresented or concealed. See our wrongful death page for how the two claims differ.

Deadlines and what to do now

Personal injury claims in Pennsylvania generally must be filed within two years. In nursing home cases the clock can be complicated by when the harm was discovered and by the resident's condition, so don't assume you have time.

Take dated photos of injuries and wounds, write down names of staff you spoke with and what they said, and request the resident's chart. If the resident is still in danger, consider moving them and make a report. Then get a legal review before signing anything the facility sends.

Your Legal Warrior handles nursing home cases on a 100% contingency fee. There is no attorney fee unless we recover. The firm advances all case costs, which are repaid only from a recovery. If there is no recovery, you owe nothing. Call (267) 412-4601, answered 24 hours a day, 7 days a week, or send the free case review form.