Nursing Home Abuse & Neglect

Nursing homes have a duty to keep their residents safe. When loved ones are placed in an assisted living facility, nursing home, or skilled nursing care facility, there is an expectation that they will be well cared for by a professional and qualified staff.

Sadly, this does not always occur, and oftentimes, nursing home residents are neglected or subjected to elder abuse resulting in injuries and sometimes even death. Although nursing homes are strictly regulated, many of them suffer from a lack of adequate staff and other less than ideal conditions, which can lead to serious consequences.

If you believe that an aging loved one has suffered injury in a nursing home or assisted living facility, we can help. At the Pittsburgh law office of Caroselli, Beachler & Coleman, L.L.C., we represent the victims of nursing home negligence and their families across Pennsylvania and throughout the nation.

Nursing Home Abuse & Neglect in Pennsylvania

The National Center on Elder Abuse (NCEA) reports that roughly 3.2 million Americans reside in nursing homes or long-term care facilities. This country’s aging population is expected to reach 95 million by 2060. Pennsylvania currently has the second-highest percentage of adults over the age of 65, only following Florida. Unfortunately, many facilities in our Commonwealth are not doing a good job of taking care of our honored elders.

According to the non-profit advocacy group, Families for Better Care, Pennsylvania received an overall F rating in 2019, dropping from a D in 2014. A staggering 95% of the nursing homes in Pennsylvania received at least one deficiency citation, and residents are receiving less than 2 hours and 21 minutes of direct care each day.

Types of Nursing Home Abuse & Neglect

Although they sound similar, nursing home abuse and neglect are different matters. That said, both can be happening to your loved one simultaneously.

Abuse is considered an intentional offense that causes a person mental or physical suffering. There are several different types of nursing home abuse:

• Physical abuse– refers to scratching, pinching, shoving, punching, or misusing restraints for confinement. Signs include bleeding, bruising, scarring, and broken bones.
• Emotional abuse– happens when staff humiliate, yell at, or treat residents cruelly. Signs include fearful behavior around staff and other changes in disposition.
• Sexual abuse– has become increasingly common and includes any sexual contact with nursing home staff. Signs include STDs, bruising, and emotional withdrawal.
• Financial abuse– occurs when nursing home staff steal money, belongings, or the identity of a patient.
• Neglect – can be either intentional or unintentional. In short, it means that the facility is failing to properly care for your loved one by giving them the treatment they need and deserve. There are several common types of nursing home neglect:

• Emotional neglect– occurs when patients are isolated or ignored by staff.
• Hygiene– failure to help with basic hygiene can lead to other serious issues such as skin infections, bedsores, bowel disease, and dental problems.
• Malnutrition/dehydration– neglecting to provide adequate food and water is serious.
• Medical– staff may neglect to clean wounds, change bandages, or provide prescribed medication to patients.

Causes of Nursing Home Abuse and Neglect

How does this abuse and neglect happen in nursing homes and licensed care facilities? Some of the most common causes that contribute to these tragedies include:

• Shortages in staff
• Poorly trained staff
• Negligent hiring practices by the facility
• Inadequately maintained facilities, causing hazardous and dangerous conditions

Your Loved One’s Right to Dignity and Respect

The Federal Nursing Home Reform Act establishes a set of minimum standards of rights and care for people living in certified nursing and assisted living facilities. Pennsylvania nursing homes that receive federal funds must comply with this law, which also lays out a Bill of Rights for residents. Some of these rights include:

• The right to choose a provider and pharmacy of your choice;
• The right to confidentiality of medical and personal records;
• The right to be treated with respect and dignity;
• The right to be free from physical, mental, and sexual abuse, neglect, exploitation, and involuntary seclusion;
• The right to be free of restraints;
• The right to be free of retaliation when voicing grievances.

Pennsylvania Nursing Home Rankings

We see too many cases of nursing home abuse and neglect that could be avoided. We urge families to do thorough research before choosing a facility or consider alternatives. Not all nursing homes in Pennsylvania are bad. Here are two resources that rank these facilities to help you make an evaluation:

• Medicare Nursing Home Compare- This is the U.S. government website that compares all 695 Medicare and Medicaid-certified facilities in the state. Roughly 43% of the facilities in Pennsylvania rank above average or higher.
• US News Health Nursing Home Rankings- This is a list of the same 695 federally approved centers in Pennsylvania, ranked by U.S. News & World Report. Just 11% of these facilities earn a Top Performing Ranking.

Recovering from Nursing Home Abuse

If you have a loved one that is in immediate danger, call the local police or 911 for help without delay. You can also report any abuse or neglect suspicions to the local Ombudsman’s office, which will prompt a state investigation.

Your next step should be to speak with an experienced Pennsylvania nursing home abuse lawyer who can help you understand your rights. If the facility is negligent, you have the right to file a claim and recover damages related to the cost of medical care, other financial losses, and mental and emotional harm resulting from the wrongful acts.

Helping the Injured Throughout Pennsylvania

It can be devastating to learn that a loved one has become the victim of nursing home abuse or neglect, but you’re not alone. It’s estimated that hundreds of thousands of these cases take place each year in the U.S., and these acts have a severe impact on the victims and their families.

When a loved one has been placed in such a terrible situation, you deserve justice, and a lawyer you can trust that will fight for an emotional and financial recovery. At Caroselli, Beachler & Coleman, L.L.C., our seasoned nursing home abuse attorneys will thoroughly investigate your case and pursue maximum compensation from the parties responsible for your circumstances.

If you suspect that you or a loved one has been subject to neglect or abuse, contact an attorney at Caroselli, Beachler & Coleman, L.L.C., by calling 412-391-9860 in Pittsburgh or Western Pennsylvania, or toll-free at 866-466-5789. You may also complete our online contact form. Initial consultations are free and confidential.