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Nursing Home Neglect

Nursing Home Neglect Injures and Kills The Most Vulnerable

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HoeyLegal FIGHTS FOR THE DEFENSELESS AGAINST THE NURSING HOME INDUSTRY

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Nursing-home-abuse

The most vulnerable and defenseless patients are those confined to nursing homes and long-term care facilities. Instead of receiving the best possible care in the last days of their lives, they are mistreated, neglected, abused and ignored. If you believe that a family member has suffered from mistreatment in a nursing home and/or long-term care facility, that relative deserves vigilant representation. What we discover most often is that the nursing home typically chooses profit over patient care and under-staffs their facility to the great detriment of the most vulnerable patients they are entrusted to treat.

The typical result is that these patients are ignored, mistreated and abused. Our investigative team includes rehabilitative medicine physicians, emergency room physicians, nursing home experts and investigators who know and understand the state and federal regulations regarding staffing, quality of care and nursing home treatment plans. Our exhaustive investigations typically lead to significant awards for the neglected patient and fines and penalties for the profit driven nursing home. Please feel free to contact the nursing home attorneys at HoeyLegal for your free and comprehensive consultation. Expect the best.

COMMON SIGNS OF NURSING HOME ABUSE

At HoeyLegal, our nursing home trial attorneys are more than familiar with the unfortunate warning signs that an elderly resident has been abused. Warning signs may include any of the following:
  • Untimely or Unexplained Death
  • Infected Bedsores or Pressure Ulcers
  • Unexpected Falls
  • Unexplained Injuries like broken bones, sprains, head injuries, bruises, burns, cuts or abrasions
  • Medication Errors or Overdoses
  • Sexual Assault
  • Wrongful Death
  • Malnutrition and Dehydration
  • Unsanitary or Unclean Conditions
  • Agitation, Withdraw or Fear
  • Complaints of Poor Treatment
  • Frequent Crying
If your loved one demonstrates any of the above-noted signs of physical and emotional abuse, contact the nursing home attorneys at HoeyLegal at once. Your free consultation will include a thorough examination of your loved one’s injuries and a discussion as to how to hold the institution accountable for their loss.
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Frequently Asked Questions

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Nursing home abuse refers to any form of mistreatment or harm inflicted upon residents of long-term care facilities, including nursing homes, assisted living facilities, and skilled nursing facilities. This mistreatment can be physical, emotional, sexual, or financial.
Signs of nursing home abuse can vary depending on the type of abuse, it may include unexplained injuries such as bruises, cuts, or fractures, sudden changes in behavior or mood, withdrawal from social activities, poor hygiene, unexplained weight loss, and financial discrepancies.
If you suspect nursing home abuse, it is crucial to take immediate action to protect the resident. This may involve contacting the authorities, such as Adult Protective Services or local law enforcement, documenting any evidence of abuse, and removing the resident from the facility if their safety is at risk.

Yes, you can file a civil lawsuit against a nursing home for abuse or neglect. Depending on the circumstances, you may be able to seek compensation for damages such as medical expenses, pain and suffering, and punitive damages to punish the facility for its misconduct.

Proving nursing home abuse in a lawsuit typically requires gathering evidence such as medical records, witness statements, photographs of injuries, documentation of the resident’s condition before and after the abuse, and expert testimony from medical professionals or forensic specialists.
To help prevent nursing home abuse, it is essential to thoroughly research facilities before choosing one for yourself or a loved one, visit frequently, and stay involved in your loved one’s care. Additionally, be vigilant for signs of abuse and report any concerns to the appropriate authorities immediately.

If your loved one has been a victim of nursing home abuse, prioritize their safety and well-being by removing them from the abusive environment if necessary. Report the abuse to the authorities, contact a qualified elder law attorney to explore legal options, and seek appropriate medical and emotional support for your loved one. 

Victims of nursing home abuse have various legal options available to seek justice and financial compensation for their injuries. They can file civil lawsuits against the nursing home, caregivers, or other responsible parties, seeking damages for medical bills, pain and suffering damages, and punitive damages.
A personal injury lawyer with experience in nursing home abuse cases can provide invaluable assistance to victims and their families. They can investigate the abuse, gather evidence, assess the extent of damages, negotiate with insurance companies, and advocate for fair compensation through settlement negotiations or litigation.
Yes, a medical malpractice lawyer who specializes in cases involving elder abuse and neglect can handle nursing home abuse cases. These lawyers have experience navigating complex medical and legal issues and can effectively advocate for victims of nursing home abuse.
Personal injury lawyers use various strategies to prove nursing home abuse in court, including gathering evidence such as medical records, witness testimony, photographs of injuries, and expert testimony from medical professionals. They may also employ forensic specialists to analyze evidence and reconstruct the circumstances of the abuse.

Yes, nursing homes can be held liable for the actions of their staff under the legal principle of vicarious liability, also known as respondeat superior. This means that nursing homes can be held responsible for the negligent actions of their employees that occur within the scope of their employment.

Yes, nursing home abuse lawsuits are subject to statutes of limitations, which vary by state but typically range from one to three years from the date of the abuse or discovery of the abuse. It is essential to consult with a personal injury lawyer promptly to ensure compliance with these deadlines.
Arbitration clauses in nursing home contracts may limit your ability to file a lawsuit against the facility. However, these clauses are not always enforceable, particularly if they are found to be unconscionable or against public policy. A personal injury lawyer can review the contract and advise you on your legal options.

In cases of severe abuse or neglect, criminal charges may be brought against the perpetrators, including nursing home staff or administrators. These charges may include assault, battery, elder abuse, neglect, or financial exploitation. A personal injury lawyer can advise you on both civil and criminal aspects of the case.

WHY CHOOSE THE HoeyLegal NURSING HOME TRIAL ATTORNEYS?

For more than 20 years, the nursing home trial attorneys at HoeyLegal have obtained significant compensation and awards for individuals who sustained injury as a result of the negligent care/abusive care they received at a nursing home or long-term care facility. Our team aggressively litigates nursing home negligence claims and is not deterred by the aggressive defense brought on behalf of the institution and employees. Our analysis of your claim begins with a free consultation and comprehensive review of your medical records, injuries and the conduct leading up to the injuries sustained by your loved one. HoeyLegal’s extensive investigation will likewise include a review of each and every complaint made against the institution by former residents. The Commonwealth of Pennsylvania maintains prior complaints which are accessible to the general public, and our investigators in particular. All nursing home cases at HoeyLegal include a thorough review of the Commonwealth of Pennsylvania nursing home databases to determine whether or not a pattern of abusive conduct exists at your loved one’s facility.

If you or a loved one has been injured or suffered an untimely and unexplained death at a nursing home or long-term care facility, contact the attorneys at HoeyLegal at once. Let our on-staff physician, experienced trial attorneys and experts conduct a comprehensive evaluation of your claim. At HoeyLegal, expect the best!

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At HoeyLegal, we have dedicated our careers to fighting for our clients. If you have been injured in an accident or charged with a crime, you need a lawyer who will work tirelessly on your behalf.

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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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