The Top Nursing Home Negligence Lawyers

You agonized over your decision to send your parent to a nursing home. You did countless hours of research to find the best place to take good care of the person who raised you.

Unfortunately, all too often, nursing homes and rehabilitation centers – the vast majority of which are publicly held and put profits above patients' care – cut costs. As a result, patients suffer from negligence, leading to serious, often fatal consequences.

What Are The Common Types Of Serious And Preventable Injuries That Result From Nursing Home Negligence?

• Severe, painful pressure ulcers (sometimes called “pressure sores” or “bed sores”), including on the heels, feet, hips, buttocks, or tailbone area
• Sexual assault, rape, battery, or physical abuse by a fellow resident or a facility staff member
• Wound infections resulting in sepsis, osteomyelitis, amputation, or death
• Death or hospitalization due to severe dehydration
• Death or serious injury after eloping from an unsecured facility
• Death or brain injury after choking or aspirating on food or drinks
• Painful contractures of the hands, arms, and legs
• Falls or drops resulting in fractures, head trauma, hospitalization, or death
• Death or serious injury after being entrapped in an unsafe restraint, such as bed rails
• Severe injury to the penis, urethra, or bladder due to improper catheter placement or catheter mismanagement
• Other catastrophic injury resulting from an understaffed and unsafe environment

How Common Is Nursing Home Malpractice?

According to some estimates, each year across the U.S., hundreds of thousands of residents of nursing homes and similar facilities are victims of neglect and abuse. That statistic is even more troubling when you realize that the vast majority of negligence cases go unreported.

What Causes Nursing Home Negligence?

Many nursing homes are overcrowded and understaffed with workers who are poorly trained, paid, and equipped. And that is a combination that makes it ripe for abuse and negligence.

What Are Some Warning Signs Of Nursing Home Negligence?

You should keep a close eye out for these common indications of negligence and abuse and take prompt action if you notice any of these:

• Infected bedsores or pressure ulcers
• Injuries from falls that cannot be explained
• Unexpected or unexplained bruises or sprains, or cuts.
• Errors in medication
• Dehydration or malnutrition
• Unclean or unsanitary conditions
• Emotional changes such as withdrawal, fear, or agitation

Can You Sue A Nursing Home For Negligence In Pennsylvania?

Nursing home operators will rarely admit to any error or wrongdoing regarding injuries in their facilities. So it's up to you to be a strong advocate for your elderly parent or relative placed in their care.

When serious injuries occur, it may be the result of negligence, and you might be entitled to compensation through a nursing home malpractice lawsuit in Pennsylvania.

Who Is Legally Responsible For Nursing Home Negligence?

When a resident is injured or dies in a nursing home, the facility can be held responsible if any of the following is the cause of the injury or death: 

• Negligent hiring
• Understaffing
• Insufficient training
• Medication errors
• Violation of statutory or regulatory requirements

Also, the facility is vicariously liable for the bad actions of its employees. In other words, if a nursing home worker acts negligently and an injury or death of a resident results, the liability is imputed to the nursing home. It doesn't matter whether the negligence was committed by a doctor, nurse, or other staff members; if the facility employs them, a claim can be filed against the nursing home.

It's important to understand that many doctors who work in nursing homes are not actually employees of the facility. Instead, they are independent contractors who are simply contracted to work with the nursing home. Suppose an independently contracted doctor commits negligence, abuse, or neglect of a nursing home resident. In that case, the facility can argue that the doctor is not their employee, and thus the facility is not responsible. In that event, the doctor can be sued for negligence or wrongful death independently.

What Has To Be Proven For Nursing Home Negligence?

When there is an act of negligence, abuse, or neglect that results in harm or injury to a resident, a nursing home, rest home, convalescent home, or other long-term care facilities can be held legally liable. However, some things must be proven by the injured resident's legal team (or the family's legal team in the event of a nursing home resident's wrongful death) to win the case, including: 

• That there was a duty of care that the nursing home was required to provide to the resident. This is typically a given because when a resident is admitted to a nursing home, there is a signed contract detailing the care.
• That the nursing home, or an employee of the nursing home, breached the duty of care they were obligated to provide. This can be an action they should have performed but didn't, or an action they did perform but shouldn't have.
• That as a result of the nursing home's, or its employee's, action or inaction, the resident suffered harm, injuries, or death.

It isn't uncommon for a nursing home negligence or wrongful death claim to be settled before it goes to trial. Nursing home owners don't want the negative attention these types of cases bring, so they often decide to settle with the victim or the victim's family.

What Is The Statute Of Limitations For Nursing Home Malpractice And Negligence Lawsuits In Pennsylvania?

Most states limit how long after an event you are allowed to file a civil suit, such as a nursing home malpractice case. These limits are known statutes of limitations.

In Pennsylvania, generally speaking, you have two years after the injury to file a lawsuit, and the clock starts when the injury-causing event takes place, or when the victim discovers (or should have discovered) the injury. That’s why it is so important to contact a nursing home negligence lawyer right away.

How To Find The Best Nursing Home Malpractice Attorney In Pennsylvania?

Suppose your loved one was seriously injured due to negligence in a nursing home or rehab center in Philadelphia or across Pennsylvania and New Jersey. In that case, you should contact the experienced nursing home negligence lawyers at Ross Feller Casey.

Our Pennsylvania nursing home malpractice lawyers have a long record of successfully litigating these often-difficult cases.

Please don’t take our word for it.

Martindale-Hubbell, the legal directory giant, called Ross Feller Casey, “An impeccable, nationally recognized reputation in the field of personal injury law.” The Philadelphia Inquirer said we were “among the nation’s top plaintiffs firms,” and Harvard Law School praised us as “a firm that keeps setting new records.”

Ross Feller Casey has a team of leading doctors right on our staff to determine whether the injury involved medical negligence.

Contact our Pennsylvania nursing home malpractice lawyers now for a free consultation. As is the case with all the cases we handle, there will never be a charge to you until we make a financial recovery.