Western Pennsylvania Nursing Home Abuse Lawyer

When a loved one suffers abuse or neglect in a nursing home, the physical and emotional harm can be devastating. These injuries are not just a byproduct of age; they are often the direct result of a facility’s failure to provide proper care. In Pennsylvania, these injuries can give rise to serious legal claims, and it is important to know how they can impact your loved one and what rights you have.

Falls and Fractures Due to Lack of Supervision

Falls are a frequent and often preventable occurrence in nursing homes. When a facility fails to properly supervise a resident or does not follow a fall prevention plan, the consequences can be tragic. A simple trip can lead to broken bones, especially hip fractures, which often require complex surgery and a long, painful recovery. In some cases, a fall can even cause head trauma or a subdural hematoma, leading to a profound change in your loved one’s life. 

Nursing homes have a legal responsibility to mitigate these risks. When they fail, they may be liable for the harm caused.

Severe Infections and Sepsis

Nursing home residents are particularly vulnerable to infections due to their age and often compromised immune systems. An infection can quickly become life-threatening if it’s not detected and treated promptly. For example, bedsores or a urinary tract infection can escalate into sepsis, a condition where the body’s response to an infection damages its own tissues and organs. 

A nursing home may be held accountable for failing to maintain sanitary conditions, delaying medical attention, or not following proper hygiene protocols, all of which can contribute to a severe infection.

Wrongful Death Claims

In the most tragic of circumstances, abuse or neglect can lead to the wrongful death of a resident. A wrongful death claim in Pennsylvania can be brought when a person’s death is caused by the negligent, reckless, or intentional actions of another. 

This type of claim seeks compensation for the surviving family members for their losses, including funeral expenses, medical bills, and the profound emotional and psychological loss of a loved one. Common causes for these claims include falls, untreated infections, malnutrition, or medication errors.

Post-Traumatic Stress and Emotional Distress

Abuse in a nursing home is not only a physical ordeal; it is also an emotional one. Residents who have been victimized can suffer from significant emotional and psychological harm, which may manifest as post-traumatic stress disorder, anxiety, depression, or fear. They may become withdrawn, have trouble sleeping, or show an uncharacteristic fear around certain caregivers. Pennsylvania law recognizes that emotional distress is a real and compensable form of harm. While it doesn’t leave a physical mark, it can severely diminish a person’s quality of life and is a valid component of a legal claim.

When your loved one has suffered injuries due to abuse or neglect, getting help can feel overwhelming. A Western Pennsylvania nursing home abuse attorney from Luxenberg Garbett Kelly & George P.C. can provide clarity and compassionate support. We can help you pursue compensation for the medical costs, pain, and suffering your loved one has endured, while also holding the responsible parties accountable.

Contact Luxenberg Garbett Kelly & George P.C. for a confidential discussion about your situation.

When you’re dealing with the emotional and physical aftermath of nursing home abuse, the last thing you should have to worry about is the financial burden. Pennsylvania law gives you a path to pursue compensation for the harm that was done. This compensation, or “damages,” is meant to help you and your loved one recover from the injuries, expenses, and emotional distress caused by the mistreatment.

Recovering Damages for Medical Expenses

When abuse or neglect happens, there are often significant medical costs involved. These are considered “economic damages” because they have a clear dollar value. In Pennsylvania, you can seek to recover for all of the financial costs related to the injuries.

• This includes past, present, and future medical expenses, like hospital stays, surgeries, doctor visits, and medications.
• You may also be compensated for things like physical therapy, rehabilitation, and the cost of moving your loved one to a different care facility.

You’ll need to show documentation such as medical bills and receipts to prove these costs. Your attorney can help you gather this information and demonstrate to the court the full extent of the financial harm.

Compensation for Pain and Suffering

The physical and emotional trauma your loved one has endured is a serious part of the abuse. These non-economic damages are meant to compensate for the intangible harm that has been suffered, such as physical pain and emotional distress. Unlike a medical bill, there is no set price for this.

• Pain and suffering compensation takes into account physical discomfort, mental anguish, and emotional distress.
• It also considers things like a loss of enjoyment of life, as well as embarrassment or humiliation.

Courts and juries look at factors like the severity and duration of the injuries and how they have affected your loved one’s day-to-day life. There is no hard cap on this compensation in most personal injury cases in Pennsylvania, giving the courts flexibility to provide fair awards.

Punitive Damages for Egregious Conduct

In some cases, the nursing home’s conduct is so outrageous that the court may award punitive damages. These damages are not meant to compensate you for your losses; they are meant to punish the facility for its actions and deter similar misconduct from happening again.

To receive punitive damages, you must show that the nursing home’s behavior went beyond simple carelessness. You have to prove with clear evidence that they acted maliciously or showed a reckless disregard for the safety of your loved one. Examples of this could be intentionally harming a resident, ignoring repeated warnings about a dangerous situation, or falsifying medical records to cover up an error. The threshold of punitive damages is very high. Working with an experienced attorney can help clarify whether the circumstances of your case apply and how best to approach the claim for punitive damages.

A skilled Western Pennsylvania nursing home abuse attorney can help you determine the full value of your claim under Pennsylvania law and work to hold the responsible parties accountable. When you’re ready to take the next step, contact Luxenberg Garbett Kelly & George P.C. for a confidential and compassionate discussion about your loved one’s situation.

If you suspect your loved one has suffered abuse or neglect in a Pennsylvania nursing home, you don’t have to wonder whether you’re legally allowed to step in. Pennsylvania law grants the right to file a lawsuit not only to the victim but also to specific individuals acting in their best interest.

Family Members and Legal Guardians

In many cases, it’s the family who notices signs of abuse before anyone else. If your parent, grandparent, spouse, or child is being mistreated in a facility, and they are physically or mentally unable to act on their own, you may be able to file on their behalf.

• Immediate family members, such as adult children or spouses, are often permitted to pursue legal action when the nursing home resident cannot.
• Court-appointed guardians, including those assigned due to dementia, Alzheimer’s, or other conditions, can initiate lawsuits on behalf of the person in their care.

Pennsylvania courts prioritize the best interests of the resident. If you have legal standing and documented concerns, your voice can lead to real accountability.

Power of Attorney and Healthcare Agents

If you’ve been named as your loved one’s Power of Attorney (POA) or healthcare agent, you are generally authorized to act on their behalf in legal matters, including filing a lawsuit for nursing home abuse.

• Your POA document must be valid and include language granting you authority over legal or financial decisions.
• Healthcare agents appointed under an advance directive (living will or healthcare power of attorney) can act in abuse cases that involve medical neglect or harm.

These legal tools are often created long before any abuse happens, giving you the ability to act quickly when something goes wrong. If you’re unsure of your authority, an attorney can help review the documents and clarify your options.

What Happens If the Victim Has Passed Away?

If your loved one has passed away and you suspect their death was related to neglect or abuse, you may still have the right to pursue justice through a wrongful death or survival action.

• Wrongful death claims in Pennsylvania can be brought by the personal representative of the deceased’s estate, usually a family member named in the will or appointed by the court.
• Survival actions allow the estate to recover damages the victim would have been entitled to if they had survived, such as pain and suffering prior to death.

In these cases, Pennsylvania law allows certain family members, such as spouses, children, or parents, to receive compensation directly. Filing these lawsuits not only honors your loved one’s memory but can protect others from the same fate.

You don’t have to wait for confirmation or permission to protect someone you love. If you believe abuse has occurred in a Pennsylvania nursing home, the team at Luxenberg Garbett Kelly & George P.C. is ready to listen and take action. Our  Western Pennsylvania nursing home abuse attorneys can help you determine your legal standing, walk you through your options, and fight for the accountability your family deserves.

Reach out today by calling (724) 658-8535 to start the conversation.