Philadelphia Nursing Home Abuse Attorney

There are well over one million nursing home residents in the United States and nearly 10 million elderly individuals over 65 who need assistance completing everyday tasks, per a Health Affairs study. Those numbers are expected to continue climbing, which is why long-term care facilities must provide elderly residents with the care they need and deserve.

Philadelphia nursing home residents require access to proper medical care, necessities like food, clothing, shelter, and opportunities for social interaction. Many families want to trust assisted living facilities to provide their loved ones with high-quality care, but they can’t because they suspect their loved one is being mistreated or know for certain they are being abused or neglected.

Nursing home abuse or neglect isn’t something you can just ignore, but instead, a situation where you must focus on quickly getting your loved one to safety. Holding any responsible parties liable should be next. A Philadelphia nursing home abuse lawyer can assist you with the legal process.

Our Pennsylvania legal system allows you to recover financial compensation for your losses. Contact us to schedule a free consultation with a nursing home abuse attorney to better understand what you may be entitled to.

Nursing Home Residents’ Rights in Pennsylvania

The state and federal government regulate nursing homes to ensure each resident receives adequate care and respect. Government agencies also set guidelines for how these facilities should care for those living there.

While the Centers for Medicare & Medicaid Services establishes federal laws, the Pennsylvania Department of Health implements state guidelines. The Pennsylvania Department of Human Services runs its Adult Protective Services hotline, which allows the state agency to follow up on reports of suspected elder abuse and neglect.

Family members and their elderly loved ones residing in nursing homes should know the rights these laws afford them, including:

• Freedom from any form of elder abuse. Residents shouldn’t have to be subjected to physical harm as well as verbal, emotional, sexual, and financial abuse.
• Protected personal information. A resident’s personal information or medical history is private unless they consent to its release.
• Safe and secure living conditions. Residents should be provided with sanitary and comfortable living quarters that offer privacy. Living conditions should provide vulnerable residents with a high quality of life. Physical health, mental health, proper nutrition, and hydration should not be negatively affected.
• Respectful treatment. Nursing home residents have a right to practice their religion and customs without fear of mistreatment.
• Access to health care and living arrangement information. Seniors should be told about their conditions, be allowed to choose a doctor and make decisions regarding medical treatment and be fully informed about their care.

Assisted living facilities owe a duty of care to their nursing home residents, which means staff must:

• Create an abuse-free environment protected by policies and procedures. All staff members should be properly trained in facility policies to ensure they’re providing elderly nursing home residents with optimal care.
• Report and investigate nursing home resident abuse allegations. Philadelphia nursing home employees must not hide or harbor evidence if there are physical signs of elder abuse, but instead, report them. Nursing home abuse cases need to be properly investigated by authorities.
• Provide individualized care that accommodates residents’ specific needs. Every resident has different needs. Nursing homes should make reasonable accommodations to meet them.
• Allow residents to maintain a high quality of life. Staff must provide residents with the proper care necessary to maintain the best quality of life possible.

The Reality of Nursing Home Abuse

People taking advantage of the elderly is a persistent problem. However, analysts suggest many seniors who are ill-treated may be too scared or unable to report their plight.

• The National Council on Aging (NCOA) suggests that as many as one in 10 older individuals may be abused annually.
• Additionally, financial exploitation is the most common form of abuse, which leads to $28.3 billion in financial losses every year, also according to the NCOA.

Types and Signs of Nursing Home Abuse

Elder abuse like the following can take on many forms. There may be a few different tell-tale signs that this mistreatment may be occurring that you’ll want to be on the lookout for. Types of abuse and indicators your loved one is being harmed include:

Physical Abuse

Staff who shove, hit, or grip too tightly can leave a nursing home resident with a serious injury such as a laceration, welt, or bruise. Physical abuse may result in life-altering injuries, like broken bones or head trauma, or may even claim their life.

While a minor physical injury may happen occasionally, you may rightfully suspect your loved one is being abused if incidents become more consistent.

Emotional Abuse

Shouting, insulting, putting down, or belittling seniors is a form of emotional abuse. Facility staff often engage in these tactics to lower residents’ self-esteem and to scare residents into complying with their orders. Victims of emotional abuse may become withdrawn, forgo their usual activities, or experience dramatic shifts in their eating or sleeping habits.

Psychological Abuse

While similar to emotional abuse, this mistreatment involves a caregiver not acknowledging a resident when they speak or do something. Psychological abuse often makes residents feel isolated, experience mood changes, or become easily agitated. If the psychological abuse involves fear, your loved one may appear scared or be unwilling to speak with you about their day-to-day life.

Neglect

Nursing homes may not be able to provide a loved one with the care they need, like ensuring they’re drinking enough water or food and exercising, leaving your loved one to develop health problems like dehydration or malnutrition and mobility issues, which can leave them more prone to having falls. Other signs a nursing home may be neglecting your family member include:

• A lack of personal hygiene or cleanliness of surroundings
• Medication errors occurring
• Experiencing unexplained weight loss
• Displaying behavioral shifts
• The emergence of bedsores
• Visitor restrictions implemented

Financial Abuse

Some people take advantage of the elderly and forge their signatures, use their debit or credit card without permission, or take money from their wallets. If you notice odd transactions on your loved one’s bank statements, unexpected changes made to official documents like wills, or missing money or personal belongings, then this may indicate they’ve been financially exploited.

Sexual Abuse

Any non-consensual sexual contact is considered to be abuse. A sexual assault can affect a person both physically and emotionally. Signs your loved one has been subjected to sexual abuse include:

• They have difficulty walking
• They are wearing torn or stained clothing
• There’s bruising or bleeding around their genitals
• They show signs of post-traumatic stress disorder

Use of Restraints

While not a specific type of abuse, per se, it’s worth noting how an assisted living facility’s use of either physical or chemical restraints on residents can be understood as abusive. While they can certainly be used for a person’s own good, such as keeping them from wandering off (if they have a memory disorder), attempting to get out of their bed (if they have a high fall risk), or overmedicating (if they have a drug dependency), it can also leave them vulnerable to physical harm, mental trauma, and sexual abuse.

Physical restraints often leave behind red marks, bruises, or cuts on individuals’ wrists or ankles.

Signs of chemical restraint use can be harder to notice. Your loved one may seem more out of it or slow to respond. Noticing these signs may be more challenging if your loved one suffers from a memory disorder like dementia or is taking prescription medication that already makes them appear more subdued.