York, PA Nursing Home Abuse and Neglect Lawyers
Experienced representation for seniors throughout York County
Seniors and their families trust that nursing homes will have competent and caring staff members. They trust that the nursing homes will attend to their healthcare needs and do everything possible to encourage the elder residents to enjoy life and socialize with the other members of the nursing home. Seniors expect that when nursing homes fail to vet and monitor their staff or take steps to ensure the physical and emotional safety of the seniors, that the nursing homes will be found liable for any injuries the seniors endure.
At KBG Injury Law, our York, PA nursing home lawyers measure our success by the financial results we obtain, and by how satisfied our clients are. The best sign of satisfaction is that our clients and their families and friends recommend us to other clients. One of the reasons we fight so strongly for seniors who have suffered abuse or neglect is that we understand that the other residents of the home may be suffering too. A strong settlement or verdict sends a message to the nursing home that the care of their residents is their top priority.
How can we help?
- How much of a problem is nursing home abuse and neglect?
- How is nursing home abuse defined?
- What signs and symptoms of nursing home abuse and neglect?
- What injuries can York, PA nursing home residents suffer?
- What rights do seniors have in Pennsylvania nursing homes?
- What conduct by a York, PA nursing home can justify a civil complaint?
- What damages can you seek in a York, PA nursing home injury case?
- Do you have a nursing home injury lawyer near me?
- Meet our experts
How much of a problem is nursing home abuse and neglect?
According to the Pennsylvania Department of Health, York County has approximately 17 licensed nursing home facilities with more than 2,300 beds.
The National Center for Elder Abuse (NCEA) estimates that as of 2018 there are more than 52 million seniors (aged 65 and older) in the US. That number is expected to increase to 80 million by 2040. By 2034, it is expected that there will be more seniors than children.
While the number of studies of abuse in institutions is limited, the studies that have been done estimate that about one-third of the residents self-reported psychological abuse, 14% reported physical abuse, 13.8% reported financial abuse, 11.6% reported neglect, and almost 2% reported sexual abuse. Many acts of abuse go unreported.
How is nursing home abuse defined?
The US Centers for Disease Control and Prevention (CDC) define abuse as follows:
- Physical abuse. This type of abuse involves the use of physical force such as hitting, slapping, burning, and pushing a senior. Seniors may suffer pain, broken bones, head trauma, bleeding, bruises, loss of function, and other harm.
- Sexual abuse. This type of abuse “involves forced or unwanted sexual interaction of any kind with an older adult.” Examples include sexual contact that is unwanted, penetration, and sexual harassment.
- Emotional or psychological abuse. Seniors should never be isolated, humiliated, or embarrassed. This type of abuse includes placing a senior in fear, inflicting anguish, and causes depression.
- Financial abuse. Sadly, many nursing homes and staff members take advantage of seniors by pressuring them to sign unauthorized powers of attorney, writing wills that favor a staff member, stealing, and other improper financially motivated acts.
- Nursing homes should be designed with seniors in mind. This means the homes should reduce the risk of falling. Nursing homes may also be liable for neglect if they fail to take care of the senior’s medical care, hygiene, food, clothing, and shelter. Nursing homes also need to provide competent wound care and help ensure the residents receive and take their proper medications.
What are signs and symptoms of nursing home abuse and neglect?
Many seniors who are being abused are afraid to speak for themselves. Some are incapable of speaking for themselves. They trust family and friends to speak for them. When you visit the nursing home or long-term care facility where your loved one or friend is staying some of the indicators of abuse or neglect include:
- Any physical injury such as head injuries, broken bones, cuts, and bruises
- Malnutrition or dehydration
- Withdrawal from social activities
- Anxiety or irritability
- Unexplained financial accounts
- Thoughts of suicide
- Poor hygiene
- Indications the senior is not taking his/her medications
- Any other signs of physical, emotional, sexual, or financial abuse
Nursing home residents should be encouraged to speak with our skilled York, PA personal injury lawyers as soon as possible to address the abuse, assert their rights, and protect other residents in the nursing home.
What injuries can York, PA nursing home residents suffer?
Our York, PA nursing home lawyers represent seniors who suffer any of the following types of injuries due to abuse or neglect:
- Head and brain injuries
- Broken legs, arms, hips, and other fractures
- Untreated infections stemming from bedsores, feeding tubes, catheters, or ventilators
- Dietary problems
- Respiratory disorders
- Heart disorders
- Soft tissue injuries
- Burn injuries
- Injuries due to forceful sexual contact
In the most devastating cases, a mother, father, sibling, or other relative or a friend dies due to abuse or neglect in a York, PA nursing home. Our lawyers file wrongful death lawsuits on behalf of the family. We also file survival actions when a senior suffers before death, or death occurs due to neglect.
Seniors deserve to live in comfort and safety in their golden years. That’s one of the reasons injuries need to be treated as quickly as possible. The sooner they receive quality healthcare, the sooner they can get back to enjoying life. At KBG Injury Law, we work with many different types of specialists including gerontologists who specialize in elder health care.
What rights do seniors have in Pennsylvania nursing homes?
Seniors have numerous rights based on federal and state law. Pennsylvania’s nursing home laws require that residents receive the best care possible to preserve their current health status. Residents also have specific rights (which they should receive in writing) including the right to:
- Know about their personal medical health.
- Be informed about the nursing home services and charges.
- Select their own doctor and pharmacy.
- Be free from any restraints that aren’t authorized by a physician.
- Control their finances.
- Be engaged in their plan of care – including the right to refuse care.
- Be treated with respect and dignity.
- Maintain their privacy.
- Keep their clothing and possessions.
- Voice complaints without fear of retaliation.
- Receive visitors.
- Not be transferred or discharged – except for nonpayment, closing of the facility, medical reasons, or the welfare of the other residents.
The Centers for Medicare and Medicaid Services (CMS) also has a bill of rights if the nursing home accepts payments from Medicare or Medicaid. CMS rights include the right to freedom from discrimination, to assert their Constitutional rights, and many other rights that are like Pennsylvania’s nursing home rights.
What conduct by a York, PA nursing home can justify a civil complaint?
Nursing homes owe numerous duties of care to their residents. At KBG Injury Law, we work to show nursing homes violated the duty of care they owed their seniors based on state and federal laws. These duties include vetting the employees to determine if their employees are qualified, and they don’t have a background record that might reasonably indicate the safety of a senior may be at risk.
According to the Nursing Home Abuse Guide, nursing homes must meet:
- Nursing staff to resident ratio requirements so the nursing home isn’t understaffed.
- Nutrition and dietary requirements.
- Physician service requirements.
- Residential care plan requirements.
- Dental and social service requirements.
What damages can you seek in a York, PA nursing home injury case?
Seniors have the right to damages if the nursing home or a nursing home employee is liable for abuse or neglect. Our York nursing home lawyers demand payment for all the following damages:
- Medical costs. Medical bills including hospitalizations, doctor visits, physical therapy, emotional therapy, medications, and assistive devices.
- Pain and suffering. Seniors have a right to compensation for the loss of life’s pleasures, anxiety, depression, pain, difficulty sleeping, and other types of pain and suffering.
- Lost income. If a senior was working from the nursing home, he/she can claim any income loss due to an inability to work.
Our attorneys may file a claim for punitive damages if the nursing home was clearly aware of a danger and failed to take corrective action such that its conduct can be deemed reckless.
Do you have a nursing home injury lawyer near me?
KBG Injury Law is located at 110 North George Street. We are right in the heart of York, near Interstate 83 and Routes 30, 74 and 462. We also have offices throughout South Central Pennsylvania.
We meet with seniors at the nursing home, away from the nursing home, and by video if necessary.
Speak with a skilled aggressive York, PA nursing home lawyer now
Time is not on a senior’s side. They need to stop the abuse now. They need help for their injuries now. At KBG Injury Law, we work aggressively to file complaints against nursing homes and seek just settlements of a senior’s claim. We’re ready to argue a senior’s case before a jury if necessary. If a senior tragically dies due to nursing home abuse or neglect, we file a wrongful death claim on behalf of the family.
Contact us today – initial consultations are free. Request an appointment by calling 717-848-3838 or by filling out our contact form. We represent elder nursing home residents in York, Lancaster, Harrisburg, Hanover, and Gettysburg.
Meet Our Experts
Brian P. Strong is a personal injury and wrongful death lawyer at KBG since 2002, and has successfully achieved large verdicts for his clients. A member of multiple bar associations, he also actively supports community organizations. He started his career as a judicial clerk, then as a prosecutor, before focusing on civil litigation. Outside work, he enjoys outdoor activities and is an avid supporter of Susquehanna Service Dogs and the health of the Chesapeake Bay.
Craig Milsten, an AV-Preeminent rated trial attorney, is known for his numerous courtroom victories and specializes in personal injury and insurance bad faith cases. With degrees from The American University and the University of Pittsburgh School of Law, he has held leadership positions in the York County Bar Association. Prior to his law career, he was a sportswriter for the Washington Post. Craig is also an active community volunteer, raising significant funds for health initiatives.
Ted Kennett has spent over 30 years advocating for individuals harmed by negligence, specializing in various types of accident and negligence cases. A Temple Law School graduate, he has extensive experience, ranging from the District Attorney's office to litigation before the Supreme Court. With numerous accolades, including membership in the Million Dollar Advocates Forum and an "AV-Preeminent" rating, Ted is currently Chair of the Lancaster Bar Association Professionalism/Ethics Section.
Evan Kline, with nearly 30 years of experience, has represented hundreds of clients in complex injury claims, securing large verdicts. He is "AV-Preeminent" rated and a member of the Million Dollar Advocates Forum. Nationally recognized for his use of technology in law, he speaks at numerous conferences. A believer in prioritizing clients over cases, Evan joined KBG Injury Law in 2001, having previously worked with a large Harrisburg firm and insurance companies.
Tim Salvatore, with nearly 30 years of legal experience, specializes in complex injury claims, often representing motorcyclists. Previously representing insurance companies, he found fulfillment in advocacy for injured individuals and joined KBG over two decades ago. A Widener University School of Law graduate, he serves in multiple local associations and has an "AV-Preeminent" rating, as well as membership in the Million Dollar Advocates Forum.
Wesley A. Addington, a Lancaster County native and Widener Law School graduate, focuses on representing injured individuals at KBG's personal injury and wrongful death team. Prior to KBG, he gained experience in general practice law offices, the Dauphin County Public Defender’s Office, and a personal injury office in Lehigh Valley. He believes in informing clients about their rights and providing plain language advice. Wes is a member of the York County and Pennsylvania Bar Associations.
Brad K. Muller, a York County native and University of Baltimore School of Law graduate, began his legal career as a Judicial Clerk and then as a prosecutor in the York County District Attorney’s Office. Currently, at KBG Injury Law, he uses his expertise to assist clients achieve justice. Brad holds various roles within the York County Bar Association and the Pennsylvania Bar Association. His personal interests include cooking, board games, and traveling.