Victims of negligence in a nursing home have legal rights to demand financial compensation for emotional and physical injuries. A lawyer can help you seek justice for your loved one in such a predicament. Pintas & Mullins Law Firm has a team of attorneys who can negotiate with liable parties on your behalf.
Call us at (800) 842-6336 for a free consultation.
Philadelphia laws expect nursing homes to offer high-quality care for elderly adults. Unfortunately, too many residents in these facilities experience abuse. For example, many nursing homes violate federal safety and health standards.
The Role a Philadelphia Bruises Lawyer Plays in Your Case
Our lawyers can investigate the incident to uncover what your family member experienced. For example, we will talk to your loved one, the nursing home, and eyewitnesses of the accident or assault. Our team will also scrutinize video and medical records to prove negligence.
The goal is to collect all evidence and build a strong case to show the facility is liable for your family member’s injuries. To ensure you receive a fair settlement, we will also collaborate with other professionals to estimate the losses your loved one suffered.
Your lawyer will guide you throughout the process and do everything to ensure justice prevails. Your bold action can also push the facility to enact new policies for safety improvement.
Establishing Liability in Nursing Home Injury Cases
A nursing home facility can be responsible for injuries under corporate negligence. This theory bases a claim on the failure of the institution. However, you must prove that the facility knew about the circumstances leading to the injuries. You can show that the hazard existed for a long time before your loved one suffered bruises, meaning that the facility should have realized the dangerous situation.
A nursing home has several duties, including:
- Ensuring adequate equipment and facilities for members
- Hiring and retaining qualified staff
- Overseeing the kind of care provided by its employees
- Enforcing rules and regulations to ensure proper care for all residents
A nursing home may also be vicariously liable for their employees’ negligence if it occurred within the employment scope. In such a situation, the court can attribute the employees’ acts to the facility. The nursing home must ensure residents do not suffer any physical injuries. They should also offer first aid to the injured victims.
For a free legal consultation with a Philadelphia Bruises Lawyer serving Philadelphia, call (800) 794-0444
Your Loved One Has Rights
The AARP notes that the 1987 Nursing Home Reform Act (NHRA) affirms residents’ rights and includes:
- Freedom from neglect, mistreatment, and abuse
- Freedom from restraints
- The right to enjoy human respect, dignity, and privacy
- The right to social, psychological, physical, and medical needs
- The right to take part in groups with family members and residents
- The right to proper treatment
- The right to communication
- The right to choose their pharmacy or doctor
- The right to access information about their medical diagnosis
Sometimes a victim may experience abuse from other residents. We can thoroughly evaluate your claim and uncover all liable parties. For instance, eyewitness testimony and security camera footage can prove instances of this type of abuse.
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Filing a Lawsuit Against a Nursing Home
If your loved one has bruises and you suspect mistreatment in the nursing home facility, do not hesitate to talk to an attorney. A Philadelphia bruises lawyer will assist you in taking legal action against the liable parties. Your lawyer will examine the circumstances surrounding your case and discuss with you the best available options.
According to the Philadelphia statutes of limitations imposed by Pennsylvania Consolidated Statutes Annotated (CSA) §5524, a victim of nursing home negligence has two years to file a lawsuit from the date the injury occurred. Do not hesitate to speak to a lawyer to ensure your case is not rejected due to technicalities.
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Types of Awards You Can Recover in a Nursing Home Negligence Lawsuit
While federal and state laws protect nursing home residents against mistreatment, the victim has to prove it happened. To show your family member suffered injuries because of the facility’s negligence, you have to present substantial evidence. A lawyer will guide you through all the phases of the lawsuit for a fair outcome. Ensure you gather as much information as possible to strengthen your case.
Depending on your claim, the local courts may award you several kinds of compensation, such as:
- Medical expenses
- Various past expenses (including medications, hospital bills, and nursing fees)
- Continued medical treatment expenses
- Harm due to some conditions, like long-term immobilization
- Pain and suffering due to physical injuries
- Lack of enjoyment of life
- Mental and emotional anguish
- Loss of sleep caused by mistreatment
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Learn More About Personal Injury Claims by Speaking with Us
Family members take their elderly adults to a nursing home because they want their loved ones to enjoy life in a safe environment. Unfortunately, this does not always occur the way families hope. If you notice your loved one has unexplained bruises, take immediate action.
Do you believe your loved one suffered bruises due to abuse in a nursing home? Our law firm can use the legal process to determine the circumstances surrounding how these bruises appeared. Our top priority is to ensure the safety of elderly adults. You deserve to find a secure environment for your loved one.
How to Prepare Before Meeting with Us
You can file a mistreatment complaint with the Pennsylvania Department of Health, alerting them of the abusive nursing home. Keep records of your reports and those you speak with for future reference. Your lawyer can use this information to argue your case because negotiating with an established nursing home facility on your own can be a challenge.
Consult with a Philadelphia bruises lawyer for guidance on the next steps. Call Pintas & Mullins Law Firm at (800) 842-6336 for advice about how to receive fair compensation.