Two Charged For Abuse In Pennsylvania Nursing Home

In late March, two men were indicted on 12 counts of abuse of nursing home residents where the two accused men were employed. According to reports, from 2016-2017, these men horrifically abused residents who had severe physical and mental disabilities. It’s believed that the accused intended to intentionally harm victims because of their disabilities, deeming these horrific acts as hate crimes. Our PA nursing home neglect lawyer shares that, like many nursing home abuse cases, victims could not report the abuse or defend themselves from harm. Loved ones of residents subsequently filed lawsuits against the nursing homes insurance company, seeking damages for the losses faced by victims. As a result, the nursing home took action to mitigate occurrences of abuse by installing security cameras in the building and changing nursing home policies. 

Davis & Brusca, LLC can share that nursing homes have a legal duty to ensure that nursing home residents receive the appropriate care and medical treatment. Nursing homes accept liability for their patients to ensure they fulfill these duties. When a nursing home fails to uphold this standard of care, it may have violated state and federal laws in place to protect nursing home residents. There are several ways a nursing home can breach its duty of care, including:

• Failing to have the appropriate number of staff to care for residents
• Not providing comprehensive training to staff following state and federal regulations
• Failing to hire experienced and competent staff 
• Failing to conduct proper background checks when hiring staff
• Not providing nursing home residents with the appropriate supervision
• Not ensuring that the property is safe and free from hazards
• Failing to treat residents’ medical conditions and illnesses

Unfortunately, abuse in nursing homes is largely underreported because many residents are either unable to report these claims for fear of their safety or are unable to do so because of their mental capacity. Although situations of abuse and neglect are possible, nursing home administration and staff should take every step necessary to ensure it does not occur. Common steps nursing homes can take to prevent abuse include:

• Having clear policies and procedures in place that are in accordance with state and federal laws
• Ensuring that each resident has an individualized plan of care
• Having appropriate safety and security systems in place
• Providing comprehensive employee training
• Ensuring employees can identify the signs of abuse and neglect

Nursing homes have a duty to uphold their duty of care to ensure that residents are adequately cared for. When this doesn’t occur, victims and their families may need guidance from an experienced nursing home neglect lawyer PA as quickly as possible. When victims contact our team, they will receive:

• A professional who will review the case and determine the appropriate course of action
• A professional who can navigate the legal system with ease
• A professional who can assign a fair value to the case
• A professional who can negotiate with nursing home lawyers and insurance companies
• A professional who will be available to answer legal questions and provide regular case updates

Residents of nursing homes are often highly vulnerable, and victims and their families have a right to seek damages and hold the responsible party accountable for their actions. While nothing can change the pain caused by a nursing home’s negligence, it’s possible to ensure that your loved one is receiving the care they deserve and that they receive damages that help cover what they have lost. To learn more about the steps that should be taken in the wake of nursing home abuse, schedule a consultation with our team at Davis & Brusca, LLC.