Nursing Home Abuse/Neglect

Q. What is a nursing facility?

A. "Nursing facility" means a home, an establishment or an institution, which is primarily engaged in providing:

• skilled nursing care and related services for residents who require medical or nursing care,
• rehabilitation services for the treatment of injured, disabled, or sick persons, or
• on a regular basis, health care and services to people who need more than just live-in services and which are only available through a nursing facility.

Q. What is a "Nursing Home Administrator?"

A. "Administrator" means the person licensed by the State of Pennsylvania who is in charge of a facility. An administrator must devote at least one-third ( 1/3 ) of their working time to on-the-job supervision of the nursing home.

Q. I was told my mother would get "personal care." What is that supposed to mean?

A. "Personal care" means assistance with meals, dressing, movement, bathing or other personal needs or maintenance, or general supervision of the physical and mental well-being of a person who is incapable of taking care of themselves, whether or not a guardian has been appointed for them.

Q. What is Neglect?

A. "Neglect" means failure to provide goods and/or services necessary to avoid physical harm, mental suffering, or mental illness. Bedsores are prime examples of neglect.

Q. What is abuse?

A. "Abuse" means the intentional infliction of injury, unreasonable confinement, intimidation or punishment, with resulting physical harm or mental distress. Hitting a resident or placing a resident in restraints simply to avoid having to deal with the resident's needs are examples of abuse.

Q. What signs should I look for?

A. Nursing home abuse and neglect can show itself in many ways, physically and emotionally. You should pay attention to the following signs:

• Physical - Open wounds, cuts, bruises, welts or discoloration. Caretaker cannot adequately explain condition. Elder's sudden change in behavior. Loss of weight. Burns caused by cigarettes, harsh chemicals or acids. Poor personal cleanliness.
• Emotional Abuse - The Nursing Home resident is emotionally upset or agitated or is extremely withdrawn and won't talk. Unusual behavior [sucking, biting, rocking]. Dehydration, malnutrition, pressure sores. Poor personal hygiene. Begs for food. Unsanitary and unclean conditions. Dirt, soiled bed, fecal or urine odor.

Q. The nursing home is giving me problems about visiting my mother. Do I have the right to enter the nursing home to visit her?

A. Yes you have the right, at the request of the nursing home resident, to open access to the home. "Access" means you have the right to enter a nursing home, to talk privately and without unreasonable restriction when invited to do so by a resident. The state or local "ombudsman," and a case manager from the Department of Mental Health and Substance Abuse Services have the right to enter a facility, talk privately and without unreasonable restriction with any resident who agrees to talk with them, to ask to talk privately and without restriction with any resident, and to see all areas of the facility that directly affect patient care of the resident without intruding upon the privacy of the other residents before getting their consent.

Q. Does the nursing home have to be licensed by the state?

A. Yes. The State Department of Health has established a thorough system of licensing and certification for facilities for the purposes of:

• Protecting the health, welfare and safety of residents;
• Assuring the responsibility for care in certified facilities who are given federal or state funds through the Department of Human Services.

It is illegal to operate or open a nursing home unless it has been approved and is regularly licensed by the state.

Q. Is the nursing home inspected by the state?

A. Yes, it is supposed to be. Pennsylvania law requires that every building, institution, or establishment which has been licensed to be periodically inspected by the State Department of Health.

Q. Does the Nursing Home Act allow me to sue a nursing home?

A. Yes. The Nursing Home Care Act specifically allows nursing home residents or their guardians to file a lawsuit if a resident's rights have been violated.

Q. What type of compensation is the resident entitled to for the nursing home's negligence?

A. The resident, or their guardian, is entitled to be compensated for the following damages (there may be other damages depending on the circumstances of the case):

• Past, present and future medical expenses
• Physical pain and suffering - past, present and future
• Emotional and mental suffering- past, present and future
• Permanent physical damage
• Disfigurement
• Punitive damages may be applicable

It is up to the jury to determine the total amount of the award.

If you have a family member who has been abused, neglected, or mistreated in a nursing home, call Ogg, Cordes, Murphy & Ignelzi. Let us use our knowledge, experience and resources to compel responsibility for your injuries. We understand that it may be impossible to completely restore the damage and loss, but we will vigorously pursue a verdict which will compensate you to the full extent of the law. There is no charge for discussing your situation with us.

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