Do I Have a Nursing Home Negligence Case in Pennsylvania?
Understanding Your Rights After a Loved One Is Injured in a Care Facility
When we trust a nursing home or assisted living facility to care for our loved ones, we expect them to be safe, respected, and properly cared for. Sadly, this is not always the case. Neglect and abuse in long-term care facilities can lead to serious injury, emotional trauma, and even death.
If you suspect a loved one is being mistreated in a Pennsylvania nursing home, it is important to know your rights and what legal options may be available to protect them and hold the facility accountable.
What Is Considered Nursing Home Negligence?
Nursing home negligence happens when staff or administrators fail to provide proper care to residents. This can include failing to prevent falls, not giving the correct medications, ignoring bedsores, or leaving residents without help or supervision.
Neglect is often unintentional, caused by understaffing or poor training. However, it can have devastating effects. Abuse, on the other hand, involves intentional actions that cause harm or distress, such as physical assault, emotional mistreatment, or financial exploitation.
According to the Department of Justice, at least 1 in 9 Americans over age 60 has experienced elder abuse. Many cases go unreported.
Real Case: Holding a Facility Accountable for Preventable Falls
Attorney Bruce Ginsburg of Gay Chacker & Ginsburg secured a $121,000 settlement for an 81-year-old woman who suffered a fractured spine at an assisted living facility in Chester County. The woman had a known history of falls, yet the facility failed to update her care plan even after she fell twice. She fell a third time and required kyphoplasty surgery.
This case is a clear example of how a facility’s inaction can cause lasting harm.
“Nursing abuse can take many forms,” said Bruce Ginsburg Esq. of Gay Chacker & Ginsburg in Philadelphia, PA. “It can be the simple act of actually tormenting or injuring a patient. If this occurs, first tell your family member. Then, call the state and find out how to report it. Then call our firm.
Our view is that the negligence of a nursing home staff and its corporate owners is more than that. Our firm views abuse as also including dropping a patient and causing a fracture; failing to provide proper medical care and medication; not rotating a client in bed to the extent that bedsores progress to the need for surgery; or letting a patient walk around when the patient, particularly at night, should not be mobile. This often leads to falls that cause fractures needing surgery, or death.”
Common Types of Nursing Home Abuse and Neglect
- Physical harm such as hitting, pushing, or inappropriate use of restraints
- Medical neglect including medication errors, untreated infections, and bedsores
- Emotional abuse like humiliation, intimidation, or isolation
- Financial exploitation such as stealing money or pressuring a resident to change legal documents
- Unsafe conditions that allow vulnerable residents to wander, fall, or become malnourished
How Pennsylvania and Federal Law Protects Nursing Home Residents
Under both Pennsylvania law and federal regulations, nursing homes are required to meet strict standards of care. Facilities must ensure residents are free from abuse and neglect, receive necessary medical treatment, and live in a safe, clean environment.
When they fail, families may have grounds to file a personal injury, negligence, or wrongful death claim. Legal claims can also include violations of residents’ rights under the Nursing Home Reform Act.
What to Do If You Suspect Abuse or Neglect
If you believe a loved one is being mistreated in a care facility:
- Talk to your loved one and offer support.
- Document everything. Take photos, save records, and write down your observations.
- Report the abuse to the Pennsylvania Department of Health or the Older Adult Protective Services through the Philadelphia Corporation for Aging (PCA).
- Contact an experienced attorney at Gay Chacker & Ginsburg for a free consultation.
Why Choose Gay Chacker & Ginsburg
Our firm has decades of experience handling elder abuse and nursing home neglect cases throughout Pennsylvania. We investigate the full scope of what happened, work with medical experts, and take legal action to hold facilities accountable.
We believe in standing up for those who cannot always speak for themselves. If your family member has been hurt, we will fight for justice and the compensation they deserve.
Schedule a Free Consultation
You do not have to face this alone. If your loved one has suffered neglect, injury, or abuse in a nursing home or assisted living facility, call Gay Chacker & Ginsburg for a confidential consultation.
We represent clients throughout Pennsylvania and New Jersey. There are no fees unless we win your case.
