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PA Nursing Home Abuse & Negligence Lawyers
Nursing home abuse is an inexcusable act, yet it takes place with increasing frequency across Pennsylvania. One of the main reasons is that the nursing home industry continues to employ insufficiently trained staff at low wages to minimize operating costs. The can mean a high turnover rate and a serious lack of quality care for our elderly. Abuse can go unreported when residents are intimidated or incapacitated – and injuries including death are often disguised as the effects of “old age.”
If you believe that your loved one is suffering nursing home abuse or neglect, contact our Pennsylvania nursing home neglect attorneys today.
Abuse suffered by nursing home residents can take many forms, including:
- Physical abuse – infliction of pain or injury, including sexual abuse.
- Misuse of restraints – restraining a resident with either physical restraints or medicine (i.e., overmedicating a resident so that he or she will be “less trouble”) that falls outside any doctor’s orders or accepted medical practice.
- Verbal abuse / emotional abuse – demeaning statements, harassment, threats, humiliation or intimidation.
- Physical neglect – disregard for the necessities of daily living such as food, water, bathing and basic care.
- Medical neglect – failing to provide medical care, such as ignoring a necessary medical diet, neglecting to call a physician when necessary, or not paying attention to the potential side effects of a patient’s medication.
- Verbal neglect / emotional neglect – failing to meet the patients' verbal / emotional needs including disregarding patients' wishes, or restricting contact with family and friends.
- Personal property abuse – illegal or improper use of a resident's property (funds, property, assets).
In Pennsylvania, the Department of Health, Division of Nursing Care Facilities is responsible for the licensing and supervision of all nursing care facilities. According to state law, nursing home residents have rights that should govern their care, including:
- The right to be free from verbal, mental and physical abuse, corporal punishment, and involuntary seclusion.
- The right to be free from chemical or physical restraints except as authorized in writing by a doctor for a specified and limited time period, or to prevent injury to the resident or other residents.
- The right to safe and clean conditions.
- The right to be treated with consideration, respect, dignity and privacy – with respect to your treatment and your medical records, as well as any personal communication (letters, conversations, etc)
- The right to be fully informed by a doctor of your medical condition and to participate in your medical treatment plan, unless a doctor can establish that informing you goes against your best interest.
- The right to refuse medical treatment and to be informed of the consequences of refusing medical treatment – as permitted by law.
- The right to refuse to participate in medical research.
- The right to established daily visiting hours and to receive visits from an ombudsman, personal physician, family members, and anyone providing health, social, legal, or other services.
- The right to keep your personal possessions and clothing as space permits – as long as these don't infringe on another resident's rights or pose a medical hazard.
- The right to participate in social, religious and community groups.
- The right to manage personal financial affairs or to delegate financial management to someone of your own choosing.
- The right to be informed of all available services and related charges.
- The right to voice complaints and suggest changes to facility policy or staff without reprisal. The right not to perform services for the nursing home that fall outside your plan of care.
- The right to privacy during spousal visits, and if you and your spouse both live in the same home, the right to share a room if medically feasible.
- The right to be transferred or discharged only for medical reasons, your welfare or the welfare of other residents, or nonpayment (except as prohibited by Medicaid), and to be given reasonable advance notice of transfer or discharge.
- The right to be fully informed in writing of all these rights and all nursing home regulations governing personal conduct and responsibilities.
If these rights are compromised or ignored, you should seek the assistance of an experienced nursing home abuse attorney. While you can and should voice your complaints to administrative staff, they may not take sufficient action. Pennsylvania nursing home abuse lawyers familiar with neglect and abuse cases can review your situation and take immediate steps to obtain justice for you or your loved one, including consultation with medical experts to review any injuries and questionable standards of care. Contact our PA nursing home neglect lawyers to discuss your case today. Legal representation will also be vital if you are seeking financial compensation for injuries caused by abuse – particularly in wrongful death cases, where the nursing home will quickly deny responsibility.
The PA nursing home neglect attorneys at Munley, Munley & Cartwright, P.C. have more than 40 years of experience in handling personal injury cases and wrongful death cases. Our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through team work and the use of our considerable resources and experience.
We have offices conveniently located in Scranton, Stroudsburg, Carbondale, Plains, Hazleton, Harrisburg and Hamlin, PA If you have been injured as a result of a trucking collision, please contact us online by e-mail or telephone at (800) 318-LAW1 for a free review of your case.
Our Pennsylvania nursing home neglect lawyers have received numerous professional awards and recognition, but we are most proud of our strong commitment to the victims we represent. For more information about our lawyers and firm, please visit http://www.munley.com.
