Philadelphia Nursing Home Negligence Lawyers

Many families have loved ones living in nursing homes, and more family members will be moving into assisted living and other long-term care facilities as the population continues to age. In the best of circumstances, nursing home residents receive good care. However, improper supervision, inadequate staffing, and other factors may result in cases of nursing home negligence, including physical and emotional abuse, medical injury, and neglect.

How Do I Know if I Have a Case Against a Nursing Home?

Families may have a case if a relative has died or sustained a serious injury under questionable circumstances in a nursing home. However, medical facilities cannot guarantee successful medical results. The following is needed to have a claim against a nursing home:

• The existence of a duty of proper care owed to the resident or patient
• The standard of care the nursing home should have followed
• The actual care and treatment of the patient
• The failure of the nursing home to follow the standard of care
• Injury or death to the patient or resident
• The causal relationship between the nursing home’s breach of duty and the patient’s death or injury

It is not always easy to determine that a patient’s death or injury was directly caused by the nursing home’s breach of duty. Many nursing home residents are at risk for developing medical problems. At the same time, their frailty makes them vulnerable to neglect and abuse because they may not be able to get out of bed, feed themselves, or call for help. Friends and family of nursing home residents should be aware of the signs of possible abuse or neglect so they can intervene on their loved one’s behalf, if needed.

Which Federal Laws Protect Nursing Home Residents?

In 1986, a major study was published on the widespread abuse of nursing home residents across the United States. In response to this, Congress passed the Nursing Home Reform Act (NHRA), which is intended to guarantee a standard of care to all residents of nursing homes that received Medicare or Medicaid payments. Today, nursing homes must provide residents with written notice of their rights and protections under the law, which include the following:

• Freedom from abuse and neglect
• Access to proper medical care
• Freedom from physical or chemical restraints when not medically necessary
• Protection against involuntary transfer or discharge
• Freedom to spend time with visitors
• Privacy and property
• Freedom to file complaints without retribution

Despite this law, nursing home negligence is still happening in the United States. Approximately 70 percent of U.S. nursing homes are for-profit institutions, and patient advocacy groups suggest that this may lead to operating short-staffed. In fact, studies suggest that more than half of the nursing homes in the United States are understaffed.

New Jersey Nursing Home Staffing Requirements

In 2021, New Jersey enacted a law raising the requirements for staffing in nursing homes and established the following staff-to-resident ratios in New Jersey nursing homes:

• One certified nursing assistant (CNA) to every eight residents during day shifts
• One direct-care staff member (RN, LPN, or CNA) to every 10 residents during the evening
• One direct-care staff member to every 14 residents during the night

To address low wages and lack of training, the bill also established a task force to evaluate wages, benefits, and training opportunities for nursing home workers.

How Do Pennsylvania Laws Protect Nursing Home Residents?

Nursing homes are inspected annually by the Pennsylvania Department of Health to protect the health and well-being of residents. Pennsylvania law requires:

• There must be at least one registered nurse on duty per 20 residents.
• There must be a medical director on staff who is a licensed physician.
• The medical director must develop an overall plan of care for each resident.
• The medical director is responsible for reviewing any accident or incident that may occur.

In addition, the law requires nursing homes to have written orders from a physician before using any type of restraint. The law also prohibits abuse, which is described as follows:

• Verbal abuse. Spoken or written words or gestures that willfully include disparaging and derogatory terms to residents or their families, including threats of harm or intent to frighten.
• Sexual abuse. This includes sexual assault, harassment, and coercion.
• Physical abuse. Examples of physical abuse include hitting, slapping, pinching, kicking, and any type of corporal punishment.
• Mental abuse. This may take the form of humiliation, harassment, or threats of deprivation.
• Involuntary seclusion. Separating a resident from other residents or confining residents to their room against their will may constitute involuntary seclusion. Emergency separation from other residents may be permitted if needed to reduce a resident’s agitation.
• Neglect. Depriving of goods or services that a resident needs to maintain physical or mental health is considered neglect.

Philadelphia Nursing Home Negligence Lawyers at Galfand Berger LLP Advocate for Nursing Home Residents

If you suspect that your loved one is a victim of nursing home negligence, contact the Philadelphia nursing home negligence lawyers at Galfand Berger LLP today. We are experienced in advocating for victims of nursing home negligence, and we are happy to review your case and give you the assistance you deserve. To schedule a free consultation, call 800-222-8792 or contact us online. From our offices in Philadelphia, Bethlehem, Lancaster, and Reading, Pennsylvania, we proudly serve clients throughout Pennsylvania and New Jersey, including Allentown and Harrisburg.