Nursing Home Abuse and Neglect

Nursing Home Abuse

A standard of care must be followed to the letter when a loved one resides in a nursing facility, a long-term rehab center, or even a personal care facility. Personal care facilities, in general, are less structured with less seriously ill patients, but the standard of care remains the same for all three types of facilities. 

According to the PA Department of Health, any long-term or short-term care facility is subject to the standards of care. These standards range from the vetting and number of employees to the physical plant safety inside and outside each facility. In Pennsylvania, both Federal and State guidelines must be met. 

Any deviation from the guidelines can result in fines or even the closure of a facility if the standards are especially flawed. All aspects of care are scrutinized. Even the time spent with each resident and any physical plant dangers are addressed. One of the key investigative features is checking for any neglect of residents. 

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Signs of Nursing Home Neglect 

Nursing home and long-term care facility neglect are not always very obviousHowever, inspectors of facilities are trained to recognize signs that might be subtle

Some of the signs include: 

  • Withdrawal by residents. This can indicate isolation by staff and inattentiveness to the social needs of the residents. Enough activities and socializing with staff should occur. Crying might be present during family visits, or a resident may seem reluctant to speak. 
  • Weight loss. Residents that are losing weight are either in medical need or not being monitored by staff to ensure that they are eating. Since many residents can suffer from memory loss, eating when necessary might not be instinctive anymore. 
  • Bed sores that go unattended. This can lead to serious infections and illnesses. 
  • Broken bones or bruising of any type. Of course, this is serious and should be reported immediately to the authorities. The PA Department of Aging has an 800 number to call to report what is called a RON (Report of Need), which applies to nursing facilities, long-term care, and personal care homes. (2)
  • Hygiene problems in residents. This can seem to relatives to be the duty of the resident, but it is not. Residents are in facilities because they cannot care for themselves alone, and therefore the “duty of care” includes staff that will bathe and attends to the hygiene of the residents. 
  • Dirty facilities or linens. Residents have a right to live in a clean environment, especially the elderly, who are more prone to the risk of infections and diseases from dirt and grime. 

Constant Slips and Falls Need Investigation

When an elderly person falls regularly, facilities should be checked out thoroughly by family members of the person who has Power of Attorney. While some falls occur naturally because of poor balance, dirty floors, wet floors, and understaffing are frequently the cause also. 

Any slip or fall should lead to an evaluation by a hospital or physician, and not seeking this by a facility is also a significant breach of the duty of care requirements. 

Head injuries occur too often during slips and fall accidents and can lead to catastrophic brain injuries or spinal injuries. Many head injuries and spinal injuries are not immediately apparent, and patients will need ongoing monitoring. 

Wrongful Death Issues in Care Facilities

Needless to say, the sudden death of a facility resident should always be investigated, even when existing medical issues are present. In addition, any patient that is in distress or has suffered a slip and fall and then dies might be determined as a Wrongful Death action lawsuit against the facility. 

An attorney should be called immediately as a timeline and record of all circumstances leading up to the death must be initiated. Whether suffering from neglect or neglect that ends in death, Christian J. Hoey, Esq., of Paoli, PA, and his team are seasoned in nursing home neglect and wrongful death, as well as catastrophic brain and spinal cord injuries. 

Summary of Nursing Home Neglect

Those individuals in long-term care facilities, personal care homes, or even shorter-term stay facilities are genuinely at the mercy of those that care for them. Therefore, the families or primary individuals responsible for their well-being must be on the watch for any signs of neglect or abuse. 

When something seems awry, a call to the Area of Aging in the local PA county or in the state of PA will start the process by documenting the complaint. However, an attorney like Christian J. Hoey, Esq. should also be called immediately to ensure that all steps and all procedures are in place. 

A determination can also be made whether a lawsuit should be initiated, and all first-time consultations with Attorney Hoey are free. Having a loved one in a facility is painful for the resident and the family. Christian J. Hoey cares and is there when needed with compassion and dedication.

For more information on all our legal services, visit us at HoeyLegal.com or call us at (610) 647-5151.

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.

Speeding

The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.

OBTAIN NECESSARY COURT ORDERS TO PRESERVE EVIDENCE

At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.

IDENTIFY ALL AT-FAULT DEFENDANTS

Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.

LOCATE, EXAMINE AND INSPECT THE TRACTOR-TRAILER

Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer

ACCIDENT RECONSTRUCTION

Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.

INTERVIEW ALL WITNESS

Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

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