Philadelphia Nursing Home Neglect Attorney

Advocating for the Elderly: Addressing Nursing Home Neglect

When circumstances demand the care of our elderly loved ones, nursing homes often become the recourse. Despite the reluctance to separate from family members, practical constraints may necessitate this choice. Juggling personal commitments and work responsibilities can make round-the-clock care by family members challenging. In such scenarios, nursing homes become a pragmatic solution, bridging the gap in care.

However, not all nursing homes are equal in the quality of care they provide. In instances where care falls below standards, it can be classified as neglect. Neglect in a nursing home setting is identified when a resident experiences such substandard care that it leads to illness, physical harm, emotional distress, or, tragically, even death. This is a poignant issue that demands attention and rectification.

Was your vulnerable loved one the victim of nursing home abuse or neglect? It is imperative that you take immediate action to protect their health, wellness, and legal rights. At Quinn Injury Lawyers, we have extensive experience handling nursing home abuse and neglect claims in Pennsylvania and New Jersey. Have questions about your case. Contact us today for a free, no-obligation, and strictly confidential initial consultation.

Prevalence of Nursing Home Neglect

Regrettably, nursing home neglect is a pervasive problem. Shockingly, an estimated 5 million elderly Americans suffer neglect or abuse in nursing homes every year. For reference, as many as ten percent of nursing home residents nationwide endure serious abuse or neglect each year. This form of mistreatment can have profound effects on the well-being of the elderly, causing physical and emotional distress, feelings of anxiety, and social isolation.

Effects of Nursing Home Neglect

Neglect within a nursing home or other assisted living facility is a terrible problem. It can cause an elderly or otherwise vulnerable person to suffer serious harm. Indeed, nursing home neglect undermines a resident’s health, support structure, emotional well-being, and overall quality of life. Nursing home neglect manifests through various adverse effects—from deterioration of physical health to deep emotional distress. Here are notable adverse effects:

• Decline in Physical Health: For nursing home residents, neglect can lead directly to poor physical health. Malnutrition and dehydration, resulting from inadequate nutrition and care, contribute to weight loss, weakness, urinary tract infections, and kidney problems.
• Bedsores: Residents who are immobile or bedridden are susceptible to bedsores, and painful wounds caused by prolonged lack of movement. Bedsores are preventable with the proper care. They are a major warning sign of nursing home abuse/neglect.
• Infections: Poor hygiene practices can lead to various infections, including urinary tract, respiratory, and skin infections. While infections are always a serious safety matter, they can be incredibly dangerous for elderly or otherwise vulnerable nursing home residents.
• Falls: Inadequate supervision and unsafe conditions may contribute to falls, leading to fractures, head trauma, and other physical injuries. In many cases, falls in nursing homes happen because the facility failed to take proper care.
• Emotional and Psychological Effects: Neglect can lead to depression, anxiety, and a sense of abandonment due to isolation. It should be emphasized that emotional and psychological trauma can contribute to physical health problems.
• Worsening of Pre-existing Conditions: Existing health conditions may worsen due to neglect, making them more challenging to manage. Proper care is required within a nursing home to ensure that pre-existing medical issues are treated the right way.
• Fatal Outcomes: In severe cases, neglect can result in life-threatening situations, including infections and dehydration, ultimately leading to death. Too many nursing home deaths could have been prevented if only better care was provided by the facility.

Causes of Nursing Home Neglect

Why does neglect happen at nursing homes? Understanding the roots of nursing home neglect is essential in addressing the issue. While it can occur for a wide range of different reasons, nursing home neglect typically shares the following core commonality: It can be prevented with the proper care. Here are some of the leading reasons why nursing home neglect occurs in Philadelphia and elsewhere in the surrounding regions in Pennsylvania and New Jersey:

1. Inadequate Staffing: Understaffing, a critical issue exacerbated by events such as the COVID pandemic, places a strain on both patients and staff. Overworked and stressed caregivers are more likely to become frustrated and, sadly, abusive.
2. Poor Hiring Practices: The demand for caregivers sometimes leads to compromised hiring practices, neglecting proper background checks. This may result in unqualified or negligent employees.
3. Substandard Training: Facilities, eager to fill positions quickly, may provide inadequate training. This rushed training increases the likelihood of neglect and abuse, as safety issues may be overlooked.
4. High Staff Turnover: Caregiving in nursing homes is emotionally and physically demanding. Understaffing can lead to high levels of burnout and turnover. Constant change in personnel disrupts the continuity of care and increases the risk of neglect. 
5. Poor Management: Ineffective management and lack of proper oversight in nursing homes can lead to a culture where neglect is overlooked or inadequately addressed. Ultimately, the management of a facility is responsible for ensuring that no neglect happens.

What Families Can Do To Address Nursing Home Negligence

Nursing home neglect is a terrible problem for any family to have to deal with. You should always take a proactive approach. Recognizing the signs of neglect and taking proactive steps is crucial. Here are key things that your family can do:

• Regular Communication: Engage in regular communication with nursing home residents. Being actively involved in their care and observing living conditions can reveal signs of neglect.
• Seek an Independent Medical Evaluation: If necessary, get an independent medical evaluation to document the resident’s health condition and any injuries. Your loved one’s medical needs always take the top priority. 
• Follow-Up On Suspicions: One of the challenges of dealing with nursing home neglect is that you may not be 100 percent sure what is happening. For this reason, it is crucial that concerned families always follow up on any suspicion of problems.

• Reporting Concerns: Report concerns promptly to appropriate authorities to hold negligent facilities and staff accountable. This can be done through the Philadelphia office of the Adult Protective Services Agency, filing complaints against the facility, or addressing complaints against specific staff members.

State and Federal Laws Protect Vulnerable Nursing Home Residents

Nursing homes, assisted living facilities, and long-term care centers are regulated by both federal law and state law. There are laws in place that protect vulnerable residents. A nursing home that harms a resident due to its neglect, negligence, or outright abuse must be held accountable. Here are some of the most important laws that your family should be aware of: 

• Nursing Home Reform Act of 1987
• Pennsylvania Health Care Facilities Act of 1979
• New Jersey Nursing Home Residents Rights

Recovering Compensation Through A Nursing Home Neglect Claim

Was your loved one the victim of nursing home neglect in Pennsylvania or New Jersey? Your family needs access to the maximum financial support so that you can best protect your vulnerable loved one. Unfortunately, nursing homes—and their insurers—can make it extremely challenging for people to get justice. At Quinn Injury Lawyers, we fight tirelessly to help our clients secure the absolute maximum settlement, arbitration award, or verdict. Our Philadelphia nursing home abuse lawyers can help you seek financial compensation for: 

• The cost to relocate your loved one. 
• Emergency medical treatment.
• Hospital bills and other health costs. 
• Physical therapy and rehabilitative care. 
• Prescription medication.
• Medical devices/medical equipment. 
• Loss of earnings. 
• Pain and suffering.
• Mental anguish. 
• Disability. 
• Disfigurement. 
• Reduced quality of life.
• Wrongful death. 

Why Trust Philadelphia Nursing Home Abuse Lawyer Sean Quinn

Nursing home abuse and nursing home neglect cases are extremely complicated. When a nursing home fails your elderly parent or vulnerable loved one, you need to take immediate action. Sean Quinn is an attorney who has devoted his career to fighting for victims and families. We are on your side—we do not represent nursing homes, the corporations that own them, or any insurance carrier. Our firm invests the time and resources into your case to deliver true justice. Attorney Quinn knows that you and your family need compensation. We are proactive. Among other things, our Philadelphia nursing home neglect lawyer is ready to: 

• Hear what you have to say and answer your legal questions.
• Investigate the incident—gathering evidence to prove liability. 
• Represent you in any settlement negotiations with insurers.
• Build a strategy to help you get justice and the maximum compensation. 

Nursing Home Abuse Claims: Frequently Asked Questions (FAQS)

What is Nursing Home Neglect?

Nursing home neglect refers to a situation where a nursing facility fails to provide an adequate level of care, service, or attention to its residents. It can take a wide array of different forms. including but not limited to:

• Physical Neglect: Failure to provide basic needs such as food, water, or a clean and safe environment.
• Medical Neglect: Not providing timely medical care, medication, or monitoring for medical conditions.
• Emotional or Social Neglect: Ignoring the resident, leaving them alone for extended periods, or not providing social interactions.
• Basic Needs Neglect: Failing to ensure the resident has a safe and clean living environment or not providing adequate clothing
• Hygiene Neglect: Not assisting with personal hygiene tasks when needed, such as bathing, dental care, or grooming.

Is Nursing Home Abuse the Same Thing as Neglect?

Technically no. Nursing home abuse and neglect are related but distinct concepts. Abuse refers to intentional actions that cause harm or distress to a resident, such as physical, emotional, or sexual harm. In contrast, neglect involves a failure to meet the resident’s basic needs or provide adequate care, often resulting from oversight or neglect of duties rather than intentional harm. With that being said, many nursing home residents who suffer abuse also suffer neglect or vice versa.

What Evidence Can Be Used to Prove Nursing Home Neglect?

It depends. All allegations of nursing home neglect require a comprehensive investigation. As a general rule, Proving nursing home neglect involves demonstrating that the nursing home failed to meet the standard of care expected and that this failure resulted in harm to the resident.  Among other things, you and your family should: 

• Collect medical records, photographs of injuries or living conditions, and any other physical evidence of neglect.
• Gather testimonies from the resident, other residents, visitors, and staff members. 
• Consult with healthcare professionals or other types of care facility experts who can attest to the standard of care expected and how it was not met.
• Demonstrate a direct link between the neglect and the injuries or harm suffered by the vulnerable nursing home resident.

Can You Be Forced to Arbitrate a Nursing Home Neglect Claim?

It depends. In both Pennsylvania and New Jersey, the issue of whether you can be forced to arbitrate a nursing home neglect claim depends on a number of factors, including any agreements signed by you or your vulnerable loved one when they enter the facility. Many nursing homes include arbitration clauses in their admission contracts—which can mandate arbitration. 

However, the enforceability of such clauses can be challenged in court—especially so if there are issues regarding the fairness of the arbitration process or the clarity and understanding of the agreement by the resident or their representatives. You should also consult with a Philadelphia nursing home neglect lawyer. Your attorney can review the matter. 

We Represent Nursing Home Neglect Victims On Contingency

How much does it cost to hire a nursing home neglect attorney in Philadelphia? With Quinn Injury Lawyers you never have to worry about any upfront costs or hourly bills. We only get paid when you get paid. You will not be charged any out-of-pocket fees. Our interests are always completely aligned with your best interests. It is our mission to help you secure the absolute maximum financial compensation. Initial consultations are free and there are absolutely no obligations. 

Contact Our Philadelphia Nursing Home Neglect Attorney Today

If your loved one has suffered from abuse or neglect in a nursing home, seeking legal help is paramount. The team at Quinn Injury Lawyers, comprising dedicated New Jersey and Pennsylvania lawyers, is committed to helping you achieve justice and obtain the compensation you’re entitled to receive. Schedule a free consultation by calling (877) 659-6070 or filling out the online form. Your loved one deserves the care and dignity they are entitled to in their senior years. With an office in Philadelphia and an office in Cherry Hill, we handle nursing home abuse and neglect cases throughout the surrounding communities in Pennsylvania and New Jersey.

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