How Can Families Pursue Justice for Loved Ones in Nursing Homes?
The decision to relocate a loved one to a nursing home is rarely easy. Families trust that these facilities will provide the compassionate care, supervision, and dignity their elderly relatives need. Unfortunately, for many families, that trust is violated when loved ones experience neglect, abuse, or substandard care in nursing homes.
If you suspect that your loved one has suffered harm in a nursing home, you may be overwhelmed with emotions—anger, confusion, grief, and frustration. Pursuing justice can feel overwhelming, especially when you're unsure where to begin.
That’s where Goldberg, Goldberg & Maloney comes in. Based in West Chester, Pennsylvania, our firm is here to help families understand their rights, recognize the signs of nursing home abuse and neglect, and take legal steps to hold negligent facilities accountable.
Nursing Home Abuse vs. Neglect
Nursing home abuse and neglect are two different, but equally serious, forms of mistreatment that can occur in long-term care settings.
Abuse is typically intentional and can be physical, emotional, sexual, or financial. Examples of abuse include:
Physical assault (hitting, slapping, or excessive restraint)
Emotional manipulation or verbal degradation
Sexual assault or harassment
Financial exploitation by staff or caregivers
Neglect, on the other hand, generally stems from inattention or understaffing. It includes:
Failing to provide adequate food or hydration
Allowing preventable infections or bedsores to develop
Ignoring medical needs or failing to administer medications
Not assisting residents with personal hygiene or mobility
Both abuse and neglect can have life-altering consequences, including physical injury, emotional trauma, and even death. Pennsylvania families have the legal right to seek justice through civil claims or other legal channels.
Common Warning Signs of Abuse or Neglect
Family members are often the first to notice changes in a resident’s condition or behavior. While not all signs are definitive proof of mistreatment, the following warning signs should prompt further investigation:
Unexplained bruises, cuts, or broken bones
Sudden changes in mood or demeanor
Withdrawal from social activities or family visits
Poor hygiene or signs of malnutrition
Bedsores or frequent infections
Unsanitary living conditions
Unresponsiveness from staff or refusal to allow unsupervised visits
It's critical to trust your instincts. If something feels off, it’s worth investigating.
Legal Protections for Nursing Home Residents in Pennsylvania
Nursing home residents in Pennsylvania are protected by both state and federal laws designed with their rights and safety in mind. These include:
The Nursing Home Reform Act of 1987
This federal law sets basic standards of care for nursing homes that receive Medicare or Medicaid funding. It mandates:
The right to be free from abuse and neglect
The right to privacy and dignity
The right to voice grievances without fear of retaliation
Regular assessments and personalized care plans
Violating these principles comes with serious legal consequences.
Pennsylvania’s Older Adults Protective Services Act (OAPSA)
OAPSA requires that suspected elder abuse be reported and investigated promptly. Facilities are also obligated to screen and train employees to prevent abuse.
State Department of Health Oversight
The Pennsylvania Department of Health inspects and licenses nursing homes. Families can file complaints, and facilities found in violation may face fines or license suspension.
Steps to Take If You Suspect Abuse or Neglect
If you believe your loved one is being mistreated in a nursing home, take immediate and strategic action. Time is of the essence—both for your loved one’s safety and for preserving your legal rights.
Prioritize the Resident’s Safety
If your loved one is in immediate danger, call 911. In less urgent situations, you may still want to move the resident to a safer environment or a different facility while your concerns are addressed.
Document Everything
Accurate documentation can make or break a case. Keep detailed records of:
Medical reports and prescriptions
Photographs of injuries or living conditions
Names of caregivers or staff involved
Conversations with nursing home staff
Notes from family visits
The more in-depth your evidence is, the more likely your case will have a favorable outcome.
File a Complaint With the Pennsylvania Department of Health
You can submit a complaint through the Department’s website or hotline. An investigation may result in citations or penalties for the facility and can provide valuable evidence in a legal case.
Contact Adult Protective Services
Pennsylvania’s Area Agencies on Aging provide access to Adult Protective Services. They investigate allegations of abuse or neglect and can intervene when necessary.
Speak With an Experienced Nursing Home Abuse Attorney
Working through the legal system alone is challenging. An experienced attorney can assess the strength of your case, preserve evidence, and guide you through the claims process.
Pursuing a Civil Lawsuit for Nursing Home Abuse
In Pennsylvania, families may pursue a civil lawsuit for nursing home abuse or neglect under several legal theories:
Negligence
A nursing home can be held liable if it fails to meet the standard of care expected, and that failure causes harm. Examples include failing to monitor residents, improper medication administration, or inadequate staff training.
Medical Malpractice
When a licensed healthcare provider, such as a nurse or physician, commits an error that causes harm, it may be grounds for a medical malpractice claim. These cases require expert testimony to prove that care fell below accepted standards.
Wrongful Death
If nursing home negligence leads to a resident’s death, surviving family members may pursue a wrongful death claim. Compensation can include funeral expenses, loss of companionship, and other damages.
Violation of Resident Rights
If a resident’s rights under federal or state law were violated, the facility may be liable. Some of these rights include the right to privacy, dignity, and personal autonomy.
What Compensation Can Families Receive?
A successful lawsuit can result in compensation for:
Medical expenses related to the injury
Pain and suffering endured by the resident
Emotional distress
Costs associated with relocating to a safer facility
Punitive damages (in cases of extreme recklessness or willful misconduct)
In wrongful death claims, families may also recover compensation for loss of financial support and funeral costs.
Statute of Limitations in Pennsylvania
In most nursing home abuse or neglect cases, Pennsylvania law provides a two-year statute of limitations from the date of the injury or discovery of the harm. If this time limit expires, your legal claim may be barred. However, exceptions may apply depending on the circumstances, especially in cases involving delayed discovery or incapacitated victims.
Preventing Abuse and Staying Involved
While legal recourse is essential after abuse has occurred, prevention remains critical. Families can take proactive steps to protect their loved ones:
Visit frequently and at irregular times
Ask questions and maintain open communication with staff
Observe the facility’s cleanliness, noise levels, and staffing ratios
Advocate for regular care plan updates
Encourage your loved one to speak openly about their experiences
Remaining vigilant and engaged is one of the most effective ways to reduce the risk of abuse or neglect.
Choosing the Right Law Firm
Not all law firms are created equal. When selecting legal representation, consider the following:
Experience handling nursing home abuse cases
Successful trial and settlement history
Knowledge of Pennsylvania elder law
Client testimonials and professional reputation
Compassionate, communicative attorneys who prioritize your family’s needs
At Goldberg, Goldberg & Maloney, we bring decades of experience and a deep commitment to holding negligent facilities accountable. We treat every case with the utmost seriousness because behind every claim is a person who should have been treated with proper care.
Contact Us Today
If you believe your loved one has suffered abuse or neglect in a nursing home, you can depend on Goldberg, Goldberg & Maloney for dedicated, compassionate legal support. Serving clients in West Chester, Pennsylvania, and the surrounding areas, we work tirelessly to advocate for those treated improperly in nursing homes. Contact us today to learn more about our legal services.