Nursing Home Lawyer PA

Nursing Home Neglect

Mistreatment of the elderly at nursing homes and assisted living facilities includes abuse, neglect, and exploitation. Nursing home neglect can occur through purposeful or unintentional acts. The signs of mistreatment can manifest in physical, emotional and financial ways.

The only mistake you can make is not asking for help.

Sandeep Jauhar

Nursing home neglect in Pennsylvania is a serious and pervasive problem. The state is home to over 2.2 million adults over age 65, which accounts for nearly 20% of the population. As such, Pennsylvania is home to over 700 nursing homes. Many of these facilities provide great care of their residents. 

Unfortunately, some facilities fail to follow resident care laws, and their residents do not receive the care they deserve. Nursing home neglect can be purposeful or unintentional. It occurs when residents in nursing homes do not get proper care. This lack of care can lead to physical or emotional health problems. Nursing home neglect is the failure to meet a resident’s needs for food, water, shelter, clothing, hygiene, or medical care.  If your loved one sustained an injury due to nursing home neglect in Pennsylvania, an attorney may be able to hold the facility accountable.

Reported cases of nursing home neglect and abuse has increased during the pandemic. However, most incidents go unreported to authorities. If you suspect a friend or loved one has been the victim of nursing home neglect in Pennsylvania, it’s important to learn how to identify signs and symptoms.

Examples of nursing home neglect include:

  • Unclean living environment – this neglect may appear in the form of soiled rooms and living areas, or a strong smell of urine or feces in the community
  • Preventable pressure ulcers – when a facility fails to turn and reposition residents, preventable pressure ulcer injuries can develop
  • Inadequate food or water – a nursing home is required to provide food and water that is palatable and of reasonable quality. Residents who suffer dehydration or malnutrition may be suffering from neglect
  • Extreme temperatures – nursing homes have rules regarding the temperature of the facility. Facilities are required to maintain proper temperatures, even during an emergency like a snowstorm or power outage.
  • Poor hygiene – facilities are required to provide care to maintain proper hygiene. Neglect might look like a resident who has not been bathed, or who has not been provided with incontinence care.
  • Falls – some resident falls are the result of understaffing. This may be considered neglect.

 

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Nursing Home Neglect and Understaffing

As the aging population in the US increases, the need for nursing home care continues to grow. Unfortunately, the demand for services is outpacing the number of competent nurses and caregivers. The number of nursing homes and long-term care facilities reporting nursing shortages have grown significantly over the past two years during the COVID-19 pandemic. In fact, between May 2020 and April 2022, the number of Pennsylvania nursing homes reporting nurse staffing shortages experienced a 59% increase. In April 2022, over 140 nursing homes in Pennsylvania alone reported nurse and aide staffing shortages. This accounts for more than 1 out of every 5 nursing homes in the state.

Consequently, many nursing homes are severely understaffed and have high rates of turnover. A Kaiser review of payroll data points to great volatility in nursing home staffing, with weekends being a prime time for staffing shortages. The victim of these circumstances is often the nursing home’s residents and families. Even more heartbreaking is that some facilities deliberately understaff to make a larger profit.

 

Understaffing is not just a poor business decision; it’s illegal. The Federal Nursing Home Reform Act (FNHRA) requires that nursing homes employ a “sufficient nursing staff to provide nursing and related services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident.” These staff members should include registered nurses (RN’s), licensed practical nurses (LPNs), and certified nursing assistants (CNAs). Facilities that fail to properly staff neglect their elderly residents. These residents can suffer from isolation, pressure ulcers, and poor nutrition and hydration. The neglect can also increase their risk of injuries from falls and infection risk.

How Can I Choose the Right Nursing Home to Prevent Neglect?

It’s vital to thoroughly research a nursing home before entrusting your relative to their care. Medicare provides an excellent checklist to help family members in their nursing home search. This checklist includes questions about safety and care, preventing abuse, and staff characteristics.

 

If your loved one is already in a nursing home, regularly ask them about their care. Take their concerns seriously and intervene quickly if you suspect neglect or abuse.

Contact a Philadelphia Nursing Home Neglect Lawyer for Assistance

Residents who have suffered from nursing home neglect in Pennsylvania may be eligible for compensation for their injuries, pain, and suffering. Our attorneys offer free, no-obligation consultations to victims and their families who want to learn more about their rights under the law. Act now to stand up for the rights of your loved one and put a stop to nursing home neglect.

 

Contact an attorney today

If you are concerned that your loved one has suffered an amputation due to poor care at a nursing home, the first step is to request the medical record. Consultation with a nursing home abuse and neglect attorney can help identify if the amputation may have been avoidable and was due to nursing home neglect. Many nursing home abuse attorneys will provide a consultation at no cost to you. Additionally, contingency fee attorneys do not take a fee unless they win your case.