Philadelphia Nursing Home Abuse Attorneys

Injuries that Warrant Further Investigation

Many times, we receive calls involving negligent conduct that does not result in an injury. While these mistakes may be egregious, luckily, no one got hurt. These kinds of instances do not usually result in litigation, as there are no significant damages that were sustained due to neglect.

However, we also routinely receive calls involving serious injuries that occurred under mysterious circumstances inside Philadelphia’s personal care homes or assisted living residences.

Oftentimes, the facility management will blame the resident for their own injuries. This is unacceptable as it is the legal duty of the nursing home to keep its residents safe from harm and injury. For this reason, if your loved one suffered a serious injury or death inside a Philadelphia nursing home, you should investigate further.

Indicators of nursing home or abuse include the following injuries:

• Bed sores or pressure wounds
• Falls
• Unexplained broken bones
• Brain bleeds
• Dehydration and weight loss
• Sexual abuse
• Resident on resident assault
• Untreated infection

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Ray Sarola

19:01 07 Sep 22

Senior Justice Law Firm is a fantastic group of talented attorneys that are focused on the rights and interests of nursing home residents. I have the privilege of teaming with them on important healthcare cases and cannot say enough about their professionalism and dedication.

Stacy English

10:46 03 Sep 22

THANK YOU SENIOR JUSTICE! These incredible nursing home abuse lawyers understand their field and specialize in elder abuse cases.

Beyond their unique insight, we are so thankful for the way you made my sister and I feel with personalized attention. All our questions were answered and we felt involved in the process from the initial call to the time we settled.

The successful case settlement far exceeded our expectations and it felt good knowing the nursing home that had lied to us for over a year was going to sign a fat check. We know this will create waves in the facility and likely get the responsible bad apples at the facility fired.

The horrors that we experienced with Dad's facility were indescribable. But the lawyers at Senior Justice Law Firm exposed the facility for what it was. If you need a specialist lawyer that really understands nursing home abuse law, do yourself a favor and call these guys. They are truly the best.

Monique McMaster

23:25 31 Aug 22

Senior Justice helped my family receive justice for the abusive treatment my mother received at a local nursing home facility. Other firms turned me down when we sought justice. But Senior Justice took the time and patience to see it all through. I would highly recommend their services, if your family went through the painful experience we did.

Danielle T.

10:04 22 Aug 22

My family had an excellent experience working with Senior Justice Law Firm. The entire team, from Attorney David Brevda, to every member of his staff we communicatd with, are incredibly compassionate, professional, and diligent in everything they do. It was very apparent that they cared about our mother's experience from day 1. They are incredibly prompt with communication, kept us informed the entire case, always explained things well, and actually worked things out more favorably than expected. We couldn't be happier to have chosen them. It really changes my view of what it should be like to work with a law firm. We HIGHLY recommend them!

Pam Blake

15:45 23 Mar 22

I just want to thank Senior Justice Law firm for taking such a sensitive case concerning my grandfathers death. I want to especially thank David Brevda for being professional, patient, and kept it 100 with me during the entire process!!! Not only did WE win but the settlement exceeded our expectations!!!! Extremely knowledgeable and fought hard for a desirable outcome!!! My grandfather also thanks you …..from Heaven Above!!!!

If your family member suffered any of the above injuries, contact our Philadelphia elder abuse attorneys immediately.

Be a Voice for the Voiceless Victims of Philadelphia Personal Care Home Negligence

Elderly abuse inside of Philadelphia facilities may be concealed from the resident’s family and friends. For this reason, it is crucial that you understand how to spot signs of negligence.

If your family member sustained any of the above injuries, you should speak with our Pennsylvania nursing home abuse lawyer immediately.

Remember, most victims of elder abuse and nursing home neglect victims cannot effectively communicate what happened to them. That is why it is so important that you remain vigilant in reporting possible care issues.

If your family member has suffered a facility injury that placed them in a Pennsylvania hospital, contact our experienced Philadelphia nursing home abuse attorney today. All calls are confidential and the case consultation is completely free.

What Does a Philadelphia Nursing Home Abuse Attorney Do?

A Philadelphia nursing home abuse attorney is a legal professional who specializes in representing victims of nursing home abuse and neglect. Oftentimes, the actual client is not the victim themselves, but their family members. A Philly nursing home attorney advocates for the rights of elderly individuals and their families who have suffered harm due to the negligence or intentional misconduct of nursing home staff.

The duties of a Philadelphia nursing home abuse attorney include:

• Conducting investigations: They investigate the allegations of abuse, interview witnesses and gather evidence to build a strong case.
• Filing legal claims: They file legal claims against nursing homes or individual staff members for their clients who have suffered from abuse, neglect, or exploitation.
• Negotiating settlements: They negotiate settlements with the nursing homes, insurance companies, or other parties involved in the case.
• Representing clients in court: They represent their clients in the Pennsylvania court system if the case goes to trial, and argue on behalf of the client for fair compensation for the harm caused.
• Providing legal advice: They provide legal advice and guidance to their clients on how to protect their rights, how to prevent further abuse, how to report nursing home negligence to the appropriate Pennsylvania authorities, and how to deal with the aftermath of abuse.

Overall, a Philadelphia nursing home abuse attorney works to hold nursing homes and their staff accountable for their actions, and ensure that their clients receive justice and fair compensation for their injuries and suffering. Further, the goal of most nursing home abuse cases is to ensure that this kind of harm does not happen again to the next vulnerable resident.

Choosing the Right Philadelphia Nursing Home Abuse Lawyer for Your Case

There are lots of lawyers in Philadelphia, so how do you choose the right one for your case?

Many area firms handle a wide variety of injury claims. These car accident firms might handle some nursing home negligence claims, but elder abuse is one of many fields in which they practice.

Contrastingly, Senior Justice Law Firm solely focuses on elder abuse and neglect claims.

Our Philadelphia nursing home abuse lawyers only handle cases in this niche practice area. This means we have a deep understanding of nursing home corporate structure, we have the right expert witnesses, and we know how to analyze staffing data to determine if your nursing home was chronically understaffed by its corporate owners. Our attorneys have some of the largest verdicts and settlements in Pennsylvania in this practice area. We believe this makes us uniquely qualified to help your family get justice after a nursing home brings injury or wrongful death to your loved one.

Next Steps After a Loved One is Harmed in a Philadelphia Area Long Term Care Facility

After a preventable tragedy occurs inside a long term care facility, you may be at a loss on what to do next.

Should you report the incident to the Pennsylvania Department of Health? Should you complain to the Director of Nursing, or Administrator of the facility? Should you contact corporate?

Living through a loved one being injured or killed due to nursing home negligence is not something you plan for. However, adverse incidents inside Pennsylvania nursing homes are becoming increasingly common.

Follow these steps after a loved one is wrongfully injured inside a Philadelphia nursing home:

1. Seek emergency medical treatment right away if the patient is ill or injured. Even if the facility says they are fine, if you believe they are hurt, call 911 and have them checked out at the hospital.
2. Document any visible injuries with photographs.
3. Report the injury to the Pennsylvania Department of Aging at 1-800-490-8505.
4. Contact a specialized Philadelphia nursing home abuse lawyer to investigate what happened.

Our Philadelphia nursing home abuse attorneys can help guide you through this painful, and unexpected, process. We can assist you in filing a report to the Commonwealth of Pennsylvania, should this be something you would like to do.

Most importantly, we can help your family file a Philadelphia nursing home negligence claim, demanding accountability and compensation for the harm caused to your family member. A Philadelphia nursing home abuse lawsuit serves two purposes:

1. It compensates your family for things like medical bills, funeral bills, and pain and suffering
2. It acts as a financial deterrent to the nursing home corporation, so that this kind of harm does not happen again to another resident

Call or live chat with us now to speak with a Philadelphia nursing home abuse attorney about your rights under Pennsylvania law.

A Nursing Home Abuse Law Firm Serving the People of Philadelphia, Pennsylvania

Elderly abuse is one of the most despicable acts imaginable. No one inside a Philadelphia personal care home or assisted living residence deserves to be neglected.

Fortunately, both Pennsylvania and the federal government heavily regulate nursing homes, and legal options are available to abuse victims and their loved ones. The Pennsylvania Department of Health monitors neglect and abuse inside Philadelphia’s personal care homes. 

Most of the time, Philadelphia lives up to its reputation as the “City of Brotherly Love.” From Spruce Street Harbor Park to the cultivated exuberance of the Kimmel Center for the Performing Arts, Philadelphia also serves as a cosmopolitan dynamo. For some city residents, however, there is a dark side that doesn’t get talked about as often as it should.

About 200 nursing homes dot the Greater Philadelphia landscape with bed space for about 30,000 residents. There are many more assisted living residences and personal care homes in Philadelphia County. Although most of these residents are well cared for, a certain amount of abuse is inevitable when you have that many people who are completely dependent upon nursing staff for their well-being. When you suspect the abuse of your loved one, it’s time to take action.

We Focus on Nursing Home Abuse Cases and Personal Care Home Litigation

Many law firms are “jack of all trade” firms that will handle any type of case that is brought to them. At Senior Justice Law Firm, by contrast, our focus is exactly what our name implies – justice for senior citizens who have become victims of abuse in nursing homes, personal care homes, assisted living residences, hospitals, and similar facilities.

Just as you wouldn’t hire a general practitioner over a cardiologist to perform open-heart surgery on you, it’s not a good idea to hire a general practice personal injury law firm to handle a nursing home abuse case for you. You are going to need experienced Philadelphia nursing home abuse attorneys who understand the complex regulations that govern nursing homes.

A History of Serving Philadelphians Wronged by Elder Abuse and Nursing Home Negligence

Attorney Dan Purtell has a long track record of successfully resolving Pennsylvania nursing home negligence claims. Philadelphia nursing home abuse attorney Ian Norris has some of the largest verdicts and settlements in Pennsylvania for this practice area.

Of course, simply winning compensation is not enough. You need to have the abuse halted immediately and make sure that it never recurs. 

Our personal care home negligence attorneys regularly resolve cases in the hundreds of thousands of dollars. More important than the dollar amount recovered, our Philadelphia nursing home abuse attorneys restore justice and dignity to victims and their families.

Call us today to see why our knowledgeable, caring, and proven Philadelphia nursing home abuse lawyers are different — 215-399-9200.

FAQ’s Regarding Pennsylvania Nursing Home & Personal Care Home Lawsuits

What is the difference between a Personal Care Home, a Nursing Home, and an Assisted Living Residences?

In Pennsylvania, nursing homes are commonly referred to as personal care homes.

A personal care home is the ‘lowest’ care provided to residents. As a resident’s care needs increase, they can graduate to an assisted living residence. If they need an even higher level of care, the resident should be transferred to a nursing home, also referred to as a skilled nursing facility.

Why Bring a PA Nursing Home Negligence Case if Money Will Not Undo the Harm Done to my Loved one?

The loss of a loved one is an incredibly traumatic event.  No amount of money will ever fill the void that is left when a loved one is seriously injured or passes away.  You might ask: “so why should I even bother with a lawsuit”?

There are two key reasons to bring a lawsuit if a loved one suffered abuse or neglect at a personal care home or assisted-living facility in Pennsylvania.  First, compensation can help cover medical expenses that have accumulated for treatment in the past and future costs for medical treatment.  You should not go bankrupt due to increased costs in medical care caused by a nursing home’s negligence. You can claim medical expenses   In the unfortunate event that your case involves death, compensation can cover funeral expenses and provide for family members who lost their loved one.

The second reason to bring a lawsuit if a loved one suffered abuse or neglect at a personal care home or assisted living facility is to deter the harm from reoccurring at the facility to other residents.  Paying a settlement hurts a facility’s bottom line; if every abused or neglected resident sued, it would cost the facility a significant amount.  By making abuse and neglect more costly to the facility, lawsuits encourage the facility to spend more money on staffing, training and improving safety procedures and equipment to avoid abuse and neglect.  This is the main objective for many of our clients, who seek to prevent the pain and suffering caused by abuse and neglect in nursing homes and assisted living facilities to happen to other families.

How Much Does it Cost to Hire a Philadelphia Nursing Home Negligence Lawyer?

Our Philadelphia nursing home abuse lawyer works exclusively on a contingency fee. This means that we do not get paid unless you and your family recover money damages. If you do make a monetary recovery, we share in a percentage of the recovery for our attorney’s fees. This is traditionally a third to forty percent of the total settlement or judgment.

How do I know if I have a case?

Elderly residents often suffer from dementia or reduced capacity. Residents may not be able to communicate abuse or neglect directly because they forgot the incident or they are unable to formulate the complaint directly to you. Therefore, it is important to keep an eye out for common signs of nursing home abuse or neglect.

Signs of physical abuse include the following:

• unexplained fractures, broken bones or bruising
• unexplained scars or lacerations on the body
• an inconsistent or improper dosage of medications provided
• signs of restraint, such as marks from a rope on wrists or ankles
• inability to be alone with your loved one without a caregiver being present

Signs of emotional abuse include the following:

• signs of unusual behavioral change in your loved one, such as thumb sucking, rocking back and forth and/or increased signs of dementia
• seeing dominating or controlling behavior from staff towards residents in the facility

Signs of sexual abuse include the following:

• unexplained STDs or other infections in intimate areas
• bruising or cuts in intimate areas

Signs of neglect from the staff include the following:

• bedsore(s) developing because the resident was not turned regularly
• noticing residents in the facility who require heightened care being left alone in public areas
• infrequent bathing or leaving a resident in dirty clothing
• a soiled bed, dirty linens, bed bugs
• an unusual loss of weight or dehydration
• an unusual weight gain

If you notice any of these signs, you likely have a case for nursing home abuse or neglect. To be sure, you should reach out to a Philadelphia nursing home abuse attorney who focuses in this field, and can provide an experienced opinion on the validity of your case free of charge.

What is a nursing home negligence lawsuit?

In simple terms, negligence occurs when a party breaches a duty owed to another party that causes an injury to the other party.  For example, a personal care home owes a duty to take reasonable care of its residents (which is what the residents pay for, and what the facility and its parent company profit off of).  A nursing home can breach that duty in a number of ways.  For example, a nursing home can fail to hire enough staff to care for the number or acuity level of residents that it houses, or a nursing home’s employees can fail to turn a resident every two hours per care plan instructions (among many other breaches).

If a personal care home breaches their duty, that breach must have caused the injury.  The causation must be a cause in fact and it must have been foreseeable that such a breach could result in such an injury.  For example, if a nurse does not use the proper equipment for safely transporting a resident with limited mobility (duty breached), and that senior falls as a result of this (cause-in-fact), and it was foreseeable that using incorrect equipment could lead to a fall (foreseeable), the facility is liable for any damages that result from the negligent act (i.e. the fall).

If my family member passed away due to nursing home negligence, who has the standing to sue the at-fault facility?

The proper party to bring a nursing home wrongful death claim in Pennsylvania would be the estate of the decedent. We will work with probate attorneys to get you or your family member appointed as the executor of the Estate of your deceased loved one.

Are Punitive Damages available against Philadelphia Nursing Homes?

Yes, for “conduct that is outrageous, because of the defendant’s evil motive or reckless indifference”, punitive (punishment) damages are available. Pennsylvania’s punitive damage provision against reckless nursing home conduct allows for a jury or arbitration panel to punish the defendant by awarding more damages to the plaintiff than normally allowed.

I see that the Senior Justice Law Firm has offices in other areas. Which lawyer handles Philadelphia nursing home cases?

All our Pennsylvania nursing home negligence cases are handled by attorney Dan Purtell. Len has years of experience as a Philadelphia nursing home abuse lawyer and devotes the majority of his professional time to suing negligent Philadelphia personal care homes, nursing homes, medical providers, and assisted living facilities.

How Long do I Have to Sue a Philadelphia Nursing Home for Negligence?

Under 42 Pa. Cons. Stat. § 5524(2), victims of nursing home negligence in Pennsylvania have two years from when the injury was discovered, or reasonably should have been discovered, to bring their claim. If you are suspicious of an injury that occurred inside of Philadelphia facility, a delay is not on your side. Contact our Philadelphia nursing home abuse attorney before your claim is time-barred by the Pennsylvania statute of limitations.

Are there Caps on Damages in Philadelphia Nursing Home Abuse Lawsuits?

Pennsylvania statute title 40 section 1303. 505d states that there is no limit on compensatory damages. Punitive damages cannot be awarded in wrongful death claims. However, they can be awarded in a survival action against the facility.

What pre-suit requirements does Pennsylvania have two bring a nursing home negligence case against the Philadelphia nursing home?

In Pennsylvania, the law requires that the plaintiff obtains a certificate or affidavit of merit. This is a legal document signed by a medical professional which certifies that medical professional has reviewed the pertinent records and substantiates that there is a viable case of negligence. In other words, the certificate or affidavit of merit explains how and why the facility breached the standard of care relating to the injured resident.

How can I get a certificate of merit from an expert and a Pennsylvania nursing home case?

Because Pennsylvania statutes require a particular procedural pre-suit process, it is highly recommended that you hire an experienced lawyer to help you pursue justice in your case. Our committed Philadelphia nursing home abuse lawyer focuses on the specific practice area, and we have a variety of experienced expert witnesses who can provide us the required opinion to pursue the case.

What kind of claim can I file if my loved one died due to nursing home abuse?

Under Pennsylvania’s wrongful death law, the executor (personal representative) of the deceased victim’s estate has the right to file a wrongful death lawsuit, and the beneficiaries of the estate are entitled to the proceeds. Wrongful death lawsuit damages can be substantial, even if the victim was elderly.

Pennsylvania Nursing Home Resident’s Bill of Rights

Did you know that every personal care home resident is guaranteed certain rights under Pennsylvania law?

Protecting Vulnerable Patients inside Nursing Homes and Rehabilitation Facilities

In 1987, our Federal Government recognized that we have a nursing home neglect problem in this country. An official Congressional research study determined that elderly residents were routinely being abused, neglected, and given inadequate care. As a result, the Nursing Home Reform Act, or OBRA ’87 was passed. In this national legislation, elderly residents were guaranteed basic human rights, and nursing homes were legally obligated to prevent facility abuse, neglect, or negligence.

Pennsylvania’s Enactment of OBRA ’87

028 Pa. Code § 201.29 lays out protections for Pennsylvania’s nursing home residents. Also referred to as the Pennsylvania Nursing Home Resident Bill of Rights, 201.29 requires Philadelphia nursing homes to implement policies and procedures to keep residents safe. These policies must be available to the public and specifically prohibit mistreatment, neglect, and/or abuse of the resident.

Filing a Complaint Against a Philadelphia Nursing Home

In order to stop elder abuse, we must speak out when we observe it. Learn how to report nursing home abuse in Pennsylvania and be a voice for the voiceless.

In order to curb mistreatment, the Pennsylvania Department of Health has established a nursing home complaint hotline – 1-800-254-5164. Additionally, complaints can be electronically completed by clicking here. If you have any questions about filing a complaint, our attorney can help you through this process. Call us now at (215) 399-9200.

What Residents’ Rights are Protected in Pennsylvania?

Nursing home residents in Philadelphia facilities have the following guaranteed statutory rights:

1. To be informed of their medical diagnosis.
2. To see a physician if they choose to.
3. To be able to choose their own doctor and pharmacy.
4. To enjoy privacy and dignity and human respect.
5. To have the right to refuse medical treatment.
6. To have on adulterated access to telephone calls to speak with family and friends.
7. To be free of elder abuse neglect and negligence while a resident inside the Philadelphia nursing home.

Violations of these protected Pennsylvania Nursing Home Residents’ Rights can be remedied in a negligence lawsuit.

Corporate Liability: Can I Sue the Corporate Parent Company that Owns a Nursing Home or Assisted Living Facility?

Why sue a parent company?

When an injury occurs due to abuse or neglect, the facility itself is likely at fault.  In Pennsylvania, nursing homes or assisted living facilities are responsible for injuries from abuse or neglect.  Sadly, some nursing homes and assisted living facilities hire teams of lawyers and consultants to create complex structures to protect their assets from lawsuit liability.  In simple terms, they create a bunch of interrelated companies so that each facility does not have many assets.  These underfunded facilities may not have enough money to pay a verdict in full because they have been funneling profits and assets into other interrelated companies.  In Pennsylvania, one way to bypass these complex structures is to sue the corporate parent company of the nursing home or assisted living facility as well as the facility itself.

How can you sue a parent company for negligence in a Philadelphia nursing home or assisted living facility?

In Scampone v. Highland Park Care Center, the Supreme Court of Pennsylvania described why a parent company of a nursing home could be subject to liability for negligence.  The court discusses negligence under “direct liability” and “vicarious liability”.  Quoting the case, direct liability occurs when “the plaintiff seeks to hold the defendant responsible for the harm the defendant caused…directly to the plaintiff”.  Vicarious liability occurs because of the relationship between the subsidiary personal care home and the parent company.  Vicarious liability occurs simply because the corporate parent, as principal, assumes the risk of individual agents’ negligence even if the parent company has played no direct part in the neglect or abuse.

The Supreme Court found that a plaintiff can sue a corporate parent for negligence under theories of direct liability and vicarious liability.  Additionally, the Supreme Court clearly states that a plaintiff can assert these claims together or in the alternative.

Philadelphia Nursing Home Negligence – Wrongful Death or Survival Claim?

What is a Wrongful Death Claim in a Pennsylvania Nursing Home? Who Can Claim Wrongful Death Damages in a Philadelphia Nursing Home Case?

Under Pennsylvania law, in a claim of Wrongful Death, family members of the deceased (limited to the spouse, the parents, or children of the deceased) can bring a claim for damages resulting from the death of the decedent.

Only certain damages are recoverable under Pennsylvania law. Further, those damages are only available to a select class of wrongful death survivors.

The following damages are recoverable under a claim of Wrongful Death in Pennsylvania:

1. expenses for funeral costs, medical treatment, and administration of the estate of the deceased;
2. compensation to cover the loss of contributions for material items the family would have received between the time of death and today. These material items include, but are not limited to, payments for food, clothing, education, medical treatment and coverage, entertainment and gifts, and housing;
3. compensation to cover the loss of contributions for non-material items the family would have received between the time of death and today.  These nonmaterial items focus more on the concept of the decedent’s support as a family member, such as comfort, services, and society; and
4. compensation to cover the loss of contributions for services the decedent’s children would have received between the time of death and today.  This includes parental services such as guidance, advice, providing a stable household, and raising a child with morals and ethics.

What is a Survival Claim in a Pennsylvania Nursing Home?

Under a Survival Claim, the personal representative of the decedent’s estate stands in the shoes of the decedent. This kind of lawsuit claims damages that the decedent endured while they suffered from the injury. In other words, a survival claim is limited to the time of injury until the decedent’s death.

The recovery varies depending on the cause of action possessed by the decedent at the time of their death.  To put it succinctly, a Survival Action is the statutory right of the personal representative to bring a claim (or continue a claim) that the decedent had during their lifetime.

Pennsylvania has a survivor statute that allows for any causes of action to survive the death of the decedent. The estate of the decedent may recover damages on a negligence claim that occurred prior to the death of the decedent.  These damages can arise from:

• pain and suffering,
• loss of gross earning power from the time of the injury until the death of the decedent, and
• loss of earning power, less personal maintenance expenses from the date of death through decedent’s hypothetical future years of work

Major Corporate Owners of Philadelphia Nursing Homes

Many Philadelphia nursing home facilities are owned by large corporate entities.  Some of the largest nursing home corporations have a significant presence in Pennsylvania, with a high percentage of those locations in Philadelphia.  Below are some key players in the nursing home industry who have an oversized presence in Pennsylvania.

1. Genesis – Genesis Healthcare Corp is based out of Kennet Square, PA.
2. Brookdale
3. Heartland
4. Manor Care
5. Arden Courts
6. Golden Living
7. Kindred
8. Five Star Quality Care

Our Philadelphia nursing home abuse attorney has experience with handling cases against these large corporate defendants.

Notable Philadelphia Nursing Homes in the Philadelphia Area

The Pennsylvania Department of Health is charged with inspecting Philadelphia Nursing Homes.  According to the Pennsylvania Department of Health, there are 47 facilities in Philadelphia County.  Please use the link for updated information.
Below is a list of each of those facilities: