Abuse happens to the most vulnerable among us. That holds true for children and for seniors. The seniors who are living in any of the 650 Pennsylvania nursing homes are solely dependent on the staff at those facilities for their care.
The reason someone makes the transition to a nursing home is so that their medical, nutritional, and daily needs can be attended to.
Unfortunately, sometimes the staff is overworked or undertrained. There might also be facilities that experience a shortage of staff. While management struggles with those concerns, it’s the residents who ultimately suffer. When that abuse becomes obvious and harmful, it’s time to get an experienced Philadelphia nursing home abuse attorney involved.
The right attorney can become a strong advocate for the family by holding those responsible accountable. Every nursing home abuse claim begins with a thorough understanding of all applicable laws and regulations governing nursing home residents.
Understanding the Older Adults Protective Services Act
The Older Adults Protective Services Act (OAPSA) is a Pennsylvania law designed to protect seniors from physical abuse, neglect, exploitation, and abandonment. The act designates the Pennsylvania Department of Aging to investigate reports and provide protective services, such as emergency shelter and personal care. To receive protective services under OAPSA, an individual must be 60 years of age or older and reside within the Commonwealth of Pennsylvania.
They must also be functionally incapacitated. That’s defined as having a physical or cognitive impairment that restricts their ability to perform daily living tasks.
A key component of OAPSA is mandatory reporting. Under the law, employees and administrators of nursing care facilities must immediately report suspected abuse. Failure to do so can be a clear indication of negligence.
Family members and other visitors to nursing homes are not legally required to report instances of abuse, but they are strongly encouraged to do so. If you suspect elder abuse, neglect, or exploitation, you can report it 24/7 through the statewide hotline operated by the Pennsylvania Department of Aging at 1-800-490-8505.
Once a report is filed, the local Area Agency on Aging (AAA) will open an investigation within strict timeframes. If the agency substantiates the abuse, it will help create a customized protective care plan.
All of this will be done with the consent of the resident and their family.
The protective care plan can also be coordinated with the family’s attorney. It is important that the abuse stop immediately and that a remedy be sought, including restitution.
Rights of Nursing Home and Assisted Living Residents
In addition to the protection provided by OAPSA, Philly nursing home and assisted living residents are guaranteed robust legal protections under the National Consumer Voice for Quality Long-Term Care and the Pennsylvania Department of Human Services Residents’ Rights.
These rights provide the core foundation of what is expected of a nursing home and include the following principles:
- Care and Dignity: A nursing home resident has the right to be treated with respect and to receive adequate medical and personal care.
- Grievances and Appeals: A nursing home resident and their family have the right to voice complaints and appeal involuntary discharges without fear of retaliation. Facilities must provide a 30-day written notice prior to any transfer or discharge.
- Finances: A nursing home resident or their designated representative has the right to manage their personal financial affairs.
- Autonomy: The nursing home resident has the right to choose their own healthcare providers, to freely associate within the facility, and to communicate privately with their friends, family, and anyone else. They are also entitled to furnish personal living units with their own belongings.
When any of these rights is violated, they must be reported immediately and addressed accordingly.
Common Types of Elder Abuse in Pennsylvania
After your loved one has moved into a nursing home facility, you continue to act in your role as primary caregiver. That means you need to be on the lookout for any signs of abuse.
Some of these types of abuse can be evident between visits. Others take longer to establish. This is what you have to look for:
General Neglect
Neglect is widely considered one of the most common forms of elder mistreatment.
It involves a caregiver or facility failing to provide essential services. Check in with your loved one to see if they’re getting enough food, water, and clean clothing and bedding.
If they are unable to communicate, look for signs of unexplained weight loss, severe dehydration, untreated bedsores, lack of personal hygiene, and dirty or unsanitary living conditions; those can all point to neglect.
Financial Exploitation
Financial exploitation occurs when there is improper or unauthorized use of an elderly person’s money, assets, or property. Usually, when someone enters nursing home care, a designated family member becomes their power of attorney and takes over financial control.
However, there have been instances when a nursing home staff member might exploit a vulnerable resident to gain access. Look out for unexplained bank withdrawals, missing valuables, or new credit card accounts opened in their name.
Physical Abuse
Physical abuse involves the intentional use of force to cause bodily harm, pain, or impairment. In Pennsylvania, this ranges from hitting, slapping, and burning to improper use of physical or chemical restraints. If you see any unexplained bruises, cuts, welts, broken bones, or burn marks on your loved one, it could be a sign of physical abuse.
Emotional and Psychological Abuse
This type of abuse involves behaviors from the staff that inflict mental anguish, fear, or distress through verbal or non-verbal acts. If you notice your loved one withdrawing from activities or exhibiting signs of depression, this type of abuse could be the cause.
Sexual Abuse
Sexual abuse refers to any non-consensual sexual contact. It is hard to conceive of this happening in a nursing home, but if you notice torn or bloody undergarments or unexplained bruising around the genital or breast areas, you need to bring it to the facility management’s attention.
There might be some incidents that you witness that can be justified with an explanation. When your loved one’s well-being is at stake, it is better to err on the side of caution.
Acting On Your Concerns
When it becomes obvious that some form of abuse has taken place against your loved one, you can report the incident to the facility, the state agencies mentioned above, and to an attorney. The legal team at Shrager, Sachs, & Blanco has been proud to serve as advocates for many Philadelphia families who needed us to step in and hold a nursing home accountable.
In some cases, the matter can be resolved quickly, but when there is a deeper institutional problem, it demands broader attention. We can coordinate with the relevant state agencies responsible for inspecting these facilities and issuing corrective measures.
We’ve also filed civil complaints seeking restitution for clearly defined acts of abuse and neglect. If you suspect your loved one isn’t receiving the care a nursing home promised them, we want to hear from you.
Call to set up a free consultation today.
