Philadelphia Nursing Home Abuse
Nursing home residents trust their caregivers to provide a safe and caring environment. Sadly, it takes just one overworked, uncaring, or untrained employee to profoundly affect your loved one’s life.
Understanding the different types of abuse — and neglect — can help family members when it comes time to take action. Nursing home abuse typically involves the following:
- Physical abuse: Harmful physical injuries are caused by pushing, kicking, or pinching
- Sexual abuse: Non-consensual touching, sexual photography, rape
- Emotional abuse: Insults, verbal harassment, threats, bullying
- Financial abuse: Check forgery, fraudulent credit card use, stolen cash
- Neglect: Poor hygiene, withheld food, missed medications.
Your loved one may feel hesitant to report abuse due to fear of retaliation by staff. As their advocate, it is vital that you be aware of signs of possible elder abuse, such as:
- Frequent falls, accidents, or signs of restraint use
- Unexplained bruises, broken bones, rashes, or cuts
- Unclean clothes, weight loss, or significant health changes
- Diminished finances or missing wallets, purses, credit cards, checks
- Changes in behavior, especially at the sight of a particular caregiver.
Nursing home residents should not simply expect quality care; they have a right to it under federal law. The Nursing Home Reform Act of 1987 includes a bill of rights for residents. Freedom from abuse and neglect and the right to respect are two core components of this federal law.
Fight back if a nursing home violates your loved one’s rights, resulting in severe harm or death. Holding the responsible parties accountable may protect others from experiencing the same harm.
Dementia and Nursing Home Abuse
Elders with dementia face additional challenges regarding remembering and communicating abuse. Their dependence upon others for care can make them hesitant to report caregiver abuse.
Statistics show that nearly one in two older adults with cognitive impairment experience abuse. If your loved one suffers from dementia, watch for signs of possible abuse. Knowing your loved one’s habits and traits can serve as a strong foundation for monitoring changes.
By serving as your loved one’s advocate, you can work to protect them from nursing home abuse. Should you recognize alarming signs of possible abuse, take immediate steps to secure the help they need to feel safe. Next, contact a Philadelphia nursing home abuse lawyer to learn your options for legal action.
The Long-Term Effects of Nursing Home Abuse
Nursing home abuse of any kind can result in harmful outcomes that never disappear. Nursing home negligence can impact your loved one’s physical, emotional, and psychological health. Lifelong savings can evaporate due to the high cost of their care and the need to relocate them to a new facility.
Each form of abuse contains such lasting effects as:
- Physical abuse: Painful injuries, increased mortality, cognitive decline
- Emotional/psychological abuse: Depression, post-traumatic stress disorder, isolation
- Financial abuse: Financial dependence, anxiety, sleep disorders
- Sexual abuse: Feelings of shame or guilt, depression, anxiety
- Neglect: Lower quality of life, dehydration, malnutrition, functional impairment.
No one should experience such sad and horrific circumstances in their golden years. Abuse that impairs your loved one from living their best life is unfair and unacceptable.
Witnessing changes in your loved one is heartbreaking. Family members can support their loved ones by watching for signs of abuse and stopping it as soon as possible. Removing the resident from the facility is the best option in most situations.
The fear of staff retaliation can prevent your loved one from sharing stories about their abuse. In addition to watching for abuse, listening to what your loved one is not saying can also alert you to possible abuse.
There is no quick recovery — and sometimes no recovery at all — from nursing home abuse. Holding those responsible for a loved one’s abuse is easier with help from a Philadelphia nursing home lawyer.
Common Causes of Nursing Home Abuse
Caring for the elderly population requires patience and dedication. Unfortunately, far too many nursing homes face epic staffing shortages. Current staffing shortages nationwide stretch existing staff to the point of burnout.
No caregiver should take their stress out on those entrusted to their care. Among the common causes of nursing home abuse are:
- Low pay
- Long hours, extra shifts
- Poor or no background checks
- Lack of training or support.
An unqualified employee with a troubling background can easily slip through the hiring process into your loved one’s room. Despite thousands of dollars spent monthly for your loved one’s care, they face the risk of daily harm due to staffing issues.
Nursing home facilities and employees are generally negligent under the following circumstances:
- They owed your loved one a duty of care and failed to protect them from harm.
- The liable party breached the duty of care by failing to protect a resident from harm.
- The breach caused the resident’s injuries or death.
- The victim suffered damages as a result of the breach.
A nursing home abuse lawyer can investigate your case and identify all liable parties. Your lawyer can then build a case, negotiate a settlement, and file a lawsuit.
Nursing home abuse cases are highly emotional for family members. Entrusting the details of your case to a Philadelphia nursing home abuse lawyer is best for your peace of mind.
Your lawyer can inform you about your personal injury claim and lawsuit progress. They welcome questions and treat you with the utmost respect during this challenging time.
How You Can Help Your Loved One
A critical step you can take to help your loved one is to document everything relating to the abuse. Dated notes with details regarding observations, photographs, video, and contact information for witnesses are significant for your case.
Reporting the abuse to management is another essential step, along with seeking immediate medical care for your loved one. Next, contact a nursing home abuse lawyer for a free case consultation.
Share any information you collected during the free case consultation. Securing a lawyer allows you more time to focus on comforting — and relocating — your loved one.
There are many forms of nursing home abuse. None are acceptable. Fight for justice with help from a Philadelphia nursing home attorney.
Frequently Asked Questions
If you have questions, you are not alone. The following frequently asked questions can help ease your mind and help you to learn more about the civil process:
Can I settle with the nursing home alone?
Settling with a nursing home without help from a lawyer is risky — most victims accept less than they deserve. Protect your best interests by hiring a Philadelphia nursing home lawyer who understands how insurance companies work.
How do I document nursing home abuse?
Nursing home abuse documentation can include notes, pictures, and videos. It is crucial to date evidence to establish a pattern and timeline.
To whom do I report nursing home abuse?
Report your concerns to nursing home management and the local police. Contact a Philadelphia nursing home abuse lawyer without delay.
How long does a nursing home case take?
Each nursing home case is different. The length of your case depends upon whether the case settles out of court or proceeds to trial.
What type of lawyer do I need for my case?
A Philadelphia nursing home attorney familiar with state and federal law is best for your case. Civil attorneys manage cases involving victim damages.
Can nursing home abuse qualify as a wrongful death case?
You might qualify for a wrongful death case if your loved one died due to negligence. A wrongful death attorney can help you pursue compensation for your damages.
Nursing home abuse victims and their families find The Cochran Firm staff friendly and compassionate. Our team places you at ease, making you feel comfortable to ask your questions in a confidential setting.
Why Choose Us?
Choosing the right nursing home abuse attorney matters. Skills and experience are vital factors when fighting nursing home companies and their insurance companies.
Philadelphia nursing home abuse attorney Robert Miller understands what is at stake for victims and their families. Mr. Miller negotiates a fair settlement on behalf of abuse victims. When necessary, he takes cases before a judge and jury.
With an exceptional eye for detail, Mr. Miller focuses on the critical elements of your case. His firm stance on behalf of clients protects their best interests.
Robert Miller embodies the values established by firm founder Johnnie L. Cochran. Founded more than 40 years ago, The Cochran Firm is proud to represent victims of negligence in and around Philadelphia.
Award-winning and determined, our firm takes a firm stand on nursing home abuse cases. While we cooperate with any criminal proceedings involving a case, we continue with civil action regardless of the criminal case results.
Each nursing home abuse case is different, and the outcome of your case is impossible to predict. However, no one should settle for less than they deserve.
Philadelphia elder abuse victims deserve justice. Get help from The Cochran Firm today.
How We Can Help You
The last thing nursing home abuse victims and their families need is pressure from aggressive insurance companies. Nursing home administrators can also pressure you to accept a settlement that is typically a small amount.
Attorney Robert Miller from The Cochran Firm in Philadelphia can protect your best interests. His approach is to negotiate a fair settlement.
For-profit nursing homes and their insurance companies may use tactics designed to confuse victims. Your and your loved one’s time of stress is no time to make a significant financial decision.
The settlement you accept closes your claim. It prevents you from seeking additional compensation later, should your loved one’s condition worsen. Therefore, it is a crucial decision that demands guidance from a licensed Philadelphia nursing home abuse lawyer.
The Cochran Firm helps nursing home abuse victims by:
- Interviewing witnesses
- Gathering evidence
- Reviewing photographs and other documentation
- Building a solid case for compensation
- Negotiating a settlement resolution that avoids a trial
- Proceeding to trial if necessary.
Nursing home abuse requires quick action by family members. Relocating your loved one or planning a memorial service leaves you no time for your case.
Leave the details of your civil case in the hands of Robert Miller of The Cochran Firm. Mr. Miller will fight on behalf of your loved one while keeping you informed of the latest developments.
Time is not on your side. Witnesses move, and some forget crucial details. Photographs can become damaged or disappear. Take action now to pursue the compensation and justice your loved one deserves.
Pennsylvania Statute of Limitations
State law allows two years to file personal injury and wrongful death lawsuits.The two-year window may seem plentiful, but it can pass quickly.
Hiring a nursing home abuse lawyer from The Cochran Firm protects you from missing this important legal deadline. In addition to filing your lawsuit promptly, we manage other intricate details of your case.
The statute of limitations begins immediately at the time of injury or death. Scheduling a free case consultation as soon as possible is crucial for your civil case. Your consultation serves as a starting point for learning more about your options.
Pursuing compensation on behalf of your loved one requires quick action. If the statute of limitations expires before you file your lawsuit, there are typically no other options.
While it is easy to feel overwhelmed and confused by your loved one situation, you must not hesitate to seek legal help. Once you secure a nursing home abuse lawyer, you can breathe easier knowing someone is at work on your loved one’s behalf.
Types of Nursing Home Abuse Compensation
Nursing home abuse damages are generally specific to the form of abuse residents experience. The uniqueness of each case is why hiring a Philadelphia nursing home abuse lawyer without delay is vital for your case.
The elderly population can suffer significant damages due to the negligent actions of others. Examples of possible compensation in nursing home abuse cases include:
- Reimbursement for financial abuse
- Medical costs not covered by Medicare
- Relocation expenses to a different facility
- Funeral and burial costs for cases involving death.
These are just a few examples of compensation typically pursued in nursing home abuse cases. A free case consultation with The Cochran Firm can help you learn more about your options for your loved one.
Non-economic damages, like pain and suffering, are another form of possible compensation. The mental anguish your loved one suffered demands accountability.
Compensation can never restore all that your loved one lost, nor can it fill the void left by a tragic loss. It can, however, serve as a form of justice and prevent the same tragic event from happening to another resident.
Why Trial Experience Matters in Nursing Home Abuse Cases
Large nursing home facilities and insurance companies often employ attorneys to assist them with litigation. Their desire to protect profits results in low — or no — settlement offers.
While most civil cases settle out-of-court, your case may go to trial. A Philadelphia nursing home abuse attorney with trial skills is invaluable for your case.
Presentation of your case requires experience. The damage your loved one suffered must reach the jury in a convincing way supported by evidence.
Proving negligence is best left to an attorney like Robert Miller of The Cochran Firm. Mr. Miller has the trial experience, skills, and compassion you need for your emotional nursing home abuse case.
The Cochran Firm: Philadelphia Nursing Home Abuse Lawyers
The National Center on Elder Abuse reports that studies show that at least one in 10 community-dwelling older adults experienced some form of abuse in the prior year. One case of nursing home abuse is one case of too many.
If your loved one suffered severe harm or died due to nursing home negligence, we can help. The Cochran Firm will fight for the best possible outcome of your nursing home abuse claim and lawsuit.
Refrain from settling for what an insurance company wants to pay. Refer their calls to your Philadelphia nursing home abuse lawyer instead. Their primary focus is protecting their best interests and not yours.
Nursing home facility care is costly. Many residents invest their life savings into securing 24-hour care for their elder year needs. When a nursing home fails to deliver a standard study of care, take action on behalf of your loved one.
Get started on your journey toward possible justice for your loved one’s nursing home abuse. Contact The Cochran Firm today for a free case consultation by calling 800-969-4400.