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Deciding to place a beloved family member in a nursing home is one of the most difficult choices a family can face. You put your trust in a facility, believing they will provide the dedicated, compassionate care your loved one deserves. When you discover that this trust has been broken and your family member has suffered due to neglect, it can be a profoundly painful experience.

If you are concerned about the care your loved one is receiving in a long-term care facility, understanding your rights is the first step toward protecting them and seeking accountability. A Pennsylvania nursing home neglect lawyer at Marcus & Mack is here to help your family find a path forward.

We understand the mix of emotions you may be feeling—anger, sadness, and uncertainty. Our mission is to provide the strong, steady support your family needs during this difficult time. We are committed to seeking justice for residents who have been harmed and holding facilities accountable for their failure to provide proper care.

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Why Choose Marcus & Mack for Your Pennsylvania Nursing Home Neglect Case

Marcus and Mack Partners

When you face a potential Pennsylvania nursing home neglect case, you need a legal team with a deep understanding of the law and a genuine commitment to your family’s well-being. At Marcus & Mack, our attorneys bring over 100 years of combined legal experience to the table, focusing our efforts on helping people who have been injured. We believe that caring for others is the cornerstone of our culture, and this belief guides every action we take.

A common passion to stand up for our clients and help change their lives for the better unites our firm.

We are dedicated to doing what is right for your family, whatever it takes. This commitment is reflected in how we work with you:

  • We Meet You Where You Are: If your loved one is unable to travel, we can come to their home or hospital room to discuss the situation. We serve communities across Pennsylvania, from Indiana and Johnstown to State College and beyond.
  • No Upfront Costs: We handle nursing home neglect cases on a contingency fee basis. This means you do not pay any attorney fees unless we recover financial compensation for you and your family.
  • Constant Support: We are available 24 hours a day, 365 days a year. When you call, you will speak to a knowledgeable person who can help. We are here to answer your questions and address your concerns every step of the way.

At Marcus & Mack, we are not just a law firm; we are part of your community. We are here to provide the strength and support necessary to protect your loved one and hold negligent facilities accountable.

Understanding a Nursing Home’s Duty of Care in Pennsylvania

NADC BadgeWhen a nursing home accepts a new resident, it also accepts a legal and ethical responsibility to provide a certain level of care. This is known as the duty of care. In simple terms, the facility must act as a reasonable, prudent caregiver would under similar circumstances to keep its residents safe from harm. This isn’t just a moral obligation; federal and state laws require it.

In Pennsylvania, nursing homes are regulated by the Pennsylvania Department of Health, which sets specific standards for everything from staffing levels and nutrition to hygiene and medical care. A key part of this duty of care involves protecting the rights of every resident. These rights are designed to promote a resident’s dignity, choice, and self-determination.

Under Pennsylvania law, residents of long-term care facilities have rights that include, but are not limited to:

  • The right to be treated with consideration, respect, and full recognition of their dignity and individuality.
  • The right to receive care, treatment, and services that are adequate, appropriate, and in compliance with relevant laws and regulations.
  • The right to be free from physical, verbal, sexual, or mental abuse, and from corporal punishment and involuntary seclusion.
  • The right to be free from chemical and physical restraints, unless they are authorized by a physician for a specific period to treat medical symptoms.

When a facility fails to meet these standards—whether through understaffing, poor training, or simple carelessness—it breaches its duty of care. This breach can lead directly to the suffering and injury of a resident, forming the basis of a Pennsylvania nursing home neglect claim.

Recognizing the Signs of Pennsylvania Nursing Home Neglect

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Neglect can be subtle at first, often making it difficult for families to identify. It’s not always a single, dramatic event but rather a pattern of substandard care that causes harm over time. It’s important to be observant and trust your instincts. If something feels wrong, it is worth looking into more closely. The signs of neglect can often be grouped into several key categories.

Physical Signs of Neglect

Physical indicators are often the most apparent signs that a resident is not receiving adequate care. These can be clear red flags that basic needs are being ignored. Keep an eye out for:

  • Bedsores (Pressure Ulcers): These s develop when a person is left in one position for too long. They are a classic sign of neglect, as they are largely preventable with proper repositioning and care.
  • Unexplained Weight Loss: Significant weight loss can indicate malnutrition, meaning the resident is not being fed properly or is not receiving the assistance they need to eat.
  • Dehydration: Signs like dry mouth, confusion, and infrequent urination can point to a lack of sufficient fluids.
  • Poor Personal Hygiene: Unkempt hair, dirty fingernails, body odor, or soiled clothing or bedding can suggest that a resident is not receiving help with basic hygiene tasks.
  • Untreated Medical Issues: A worsening of a known medical condition or new health problems that go unaddressed are serious concerns.

Noticing any of these physical signs should prompt immediate questions to the nursing staff and administration about your loved one’s care plan and daily routines.

Emotional and Behavioral Changes

The emotional toll of neglect can be just as damaging as the physical harm. A resident who feels ignored, isolated, or unsafe may exhibit significant changes in their mood and behavior. Families should be alert to:

  • Sudden withdrawal from social activities they once enjoyed.
  • Unexplained depression, anxiety, or agitation.
  • Fear or reluctance to speak in front of certain staff members.
  • Changes in communication, such as becoming uncharacteristically quiet or non-communicative.

These emotional shifts can be signs of a distressing environment where a resident’s emotional and psychological needs are being disregarded.

Environmental Red Flags

The physical environment of the nursing home can also provide clues about the quality of care. A well-run facility should be clean, safe, and adequately staffed. Red flags in the environment include:

  • Unsanitary conditions in rooms, bathrooms, or common areas.
  • Persistent, unpleasant odors.
  • Safety hazards like cluttered hallways, poor lighting, or wet floors.
  • A high turnover rate among staff or a noticeable lack of available caregivers.
  • Frequent, unanswered calls for assistance or long delays in staff response times.

These issues often point to systemic problems within the facility, such as understaffing or poor management, which are common root causes of nursing home neglect.

What is the Difference Between Neglect and Abuse?

Bopp - Rising Star (2023)While the terms are sometimes used interchangeably, it is important to understand the legal distinction between nursing home neglect and nursing home abuse. Both are unacceptable and cause serious harm, but they differ in intent.

  • Neglect is typically defined as a failure to provide a person with the care and services necessary to maintain their health and safety. It is often a passive failure, resulting from carelessness, inadequate training, or understaffing. An example is a resident developing severe bedsores because staff failed to reposition them regularly.
  • Abuse involves the willful infliction of injury, unreasonable confinement, intimidation, or punishment. It is an active and intentional act designed to cause harm. Examples include physical assault, verbal threats, or sexual misconduct.

Both abuse and neglect are serious violations of a resident’s rights. At Marcus & Mack, we have the experience to handle cases involving either situation, and we are committed to holding the responsible parties accountable for the harm they have caused.

Common Injuries and Conditions Caused by Neglect

When a nursing home fails in its duty of care, the consequences for a resident can be severe and life-altering. These are not minor issues; they can lead to a rapid decline in health and, in the most tragic cases, wrongful death. The dedicated people in communities like DuBois and Altoona expect local care facilities to protect their elders, and when they fail, the results can be devastating.

Some of the most common injuries and health crises resulting from Pennsylvania nursing home neglect include:

  • Infections and Sepsis: Untreated bedsores, poor catheter care, or unhygienic conditions can lead to serious infections. If not managed properly, these infections can spread throughout the body and lead to sepsis, a life-threatening medical emergency.
  • Falls and Fractures: Residents may fall due to a lack of supervision, failure to use bed rails, or an unsafe environment. For an older adult, a fall can easily result in a broken hip, a head injury, or other serious fractures that drastically reduce mobility and quality of life.
  • Malnutrition and Dehydration: A lack of proper nutrition and hydration weakens the entire body. It compromises the immune system, slows down healing, and can lead to serious complications like kidney failure, confusion, and increased susceptibility to illness.
  • Medication Errors: Neglect can lead to residents receiving the wrong medication, the wrong dose, or missing their doses entirely. These errors can have severe consequences, worsening existing conditions or creating new, dangerous health problems.

These conditions are often preventable with attentive and proper care. When they occur, it is a strong indicator that the facility may be liable for the harm caused.

Steps to Take if You Suspect Pennsylvania Nursing Home Neglect

Million Dollar Advocates Forum badgeDiscovering that your loved one may be a target of neglect can be deeply upsetting. It is important to act methodically to protect them and start gathering the information needed to hold the facility accountable.

  1. Document Your Concerns. Keep a detailed journal of everything you observe. Note the dates and times of your visits, the specific issues you see (e.g., soiled bedding, a new bruise), and the names of the staff members on duty. If it is safe and appropriate to do so, take photos of the conditions or injuries.
  2. Speak with the Nursing Home Administration. Schedule a meeting with the director of nursing or the facility administrator. Present your concerns calmly and clearly, using your notes as a reference. Ask for a copy of your loved one’s care plan and request specific actions be taken to resolve the issues. Document this meeting, including who you spoke with and what was discussed.
  3. File an Official Report. You have the right to report suspected neglect to outside agencies. In Pennsylvania, you can file a complaint with the Pennsylvania Department of Health online or by phone. You can also contact the Pennsylvania Long-Term Care Ombudsman Program, which advocates for residents’ rights. Reporting is a crucial step in triggering an official investigation.
  4. Consult with an Experienced Attorney. A Pennsylvania lawyer who handles nursing home neglect cases can provide guidance on your legal options. They can help you understand the process of holding a facility accountable and seeking compensation for the harm your loved one has suffered.

Taking these steps can help ensure your loved one’s immediate safety while also laying the groundwork for a potential legal claim.

How a Pennsylvania Nursing Home Neglect Attorney Can Help Your Family Seek Justice

Americian Association justice logoPursuing a legal claim against a nursing home can feel like a monumental task. A dedicated attorney can lift that burden from your shoulders and manage the legal process on your behalf. At Marcus & Mack, our role is to be your family’s strongest advocate.

Investigating the Claim

We will conduct a thorough investigation into the circumstances of the neglect. This involves:

  • Gathering and reviewing all relevant medical records.
  • Obtaining the nursing home’s own records, including staffing schedules, incident reports, and care charts.
  • Identifying and interviewing potential witnesses, such as other residents, family members, or former staff.
  • Consulting with medical professionals to understand the full extent of the injuries and how they were caused by the facility’s failures.

This detailed investigation allows us to build a strong foundation for your case.

Establishing Liability

To succeed in a nursing home neglect claim, we must prove that the facility was negligent. This means showing that the nursing home breached its duty of care and that this breach directly caused your loved one’s injuries. Our legal team understands the specific laws and regulations that govern nursing homes in Pennsylvania and knows how to use evidence to demonstrate a facility’s failure to meet those standards.

Fighting for Fair Compensation

Our focus is on securing the resources your family needs to move forward. This includes pursuing compensation for a range of damages, such as:

  • Past and future medical expenses related to the injury.
  • The cost of moving to a new, safer facility.
  • Pain and suffering endured by your loved one.
  • Emotional distress experienced by the family.

We will handle all negotiations with the nursing home’s insurance company and legal team. While many cases are resolved through a settlement, we are always prepared to take a case to court if that is what it takes to achieve a just outcome for your family.

Pennsylvania Nursing Home Neglect FAQs

Here are answers to some common questions families have when dealing with potential nursing home neglect.

How long do I have to file a nursing home neglect claim in Pennsylvania?

In Pennsylvania, the statute of limitations—the legal deadline for filing a lawsuit—for personal injury cases is generally two years from the date the injury occurred or was discovered. It is important to speak with an attorney as soon as possible to ensure you do not miss this critical deadline.

Can the nursing home retaliate against my loved one if I complain?

Federal and state laws strictly prohibit any form of retaliation against a resident or their family for filing a complaint or raising concerns about care. If you fear retaliation, you should report it immediately to the state ombudsman and your attorney.

What if my loved one has dementia and cannot explain what happened?

Many residents with cognitive impairments like dementia are unable to communicate neglect. In these cases, evidence from medical records, physical signs of neglect, and witness testimony from family, friends, or even facility staff becomes critically important. An attorney can help piece together what happened even when the resident cannot speak for themselves.

Is understaffing considered a form of neglect?

Yes, chronic understaffing is one of the leading causes of nursing home neglect. When a facility does not have enough qualified staff to meet the needs of all its residents, basic care tasks are often missed, leading directly to harm. A facility can be held liable for injuries caused by its failure to staff appropriately.

My loved one was in a facility in Johnstown, but I live out of state. Can you still help?

Absolutely. Marcus & Mack represents clients throughout Pennsylvania, regardless of where the family members live. We can use phone calls, video conferences, and email to communicate with you and manage your case effectively, allowing you to focus on your loved one from a distance.

How crucial are medical records in a nursing home neglect claim?

Medical records serve as the core evidence in a nursing home neglect case. These records provide a timeline of a resident’s care, treatments, and injuries. They document when a facility discovers a condition, like a bedsore, and show whether the staff provided the proper and timely care needed to prevent it from worsening.

Experienced attorneys review these records to prove the nursing home breached its duty of care and that the breach directly caused your loved one harm.

Contact the Trusted Pennsylvania Nursing Home Neglect Lawyers at Marcus & Mack

Robert S. Marcus, Attorney at Marcus & Mack

Robert S. Marcus Pennsylvania Nursing Home Neglect Lawyer

You trusted a nursing home to care for your family member. If that trust was violated and your loved one was harmed, you have the right to demand answers and accountability. The legal team at Marcus & Mack is here to provide the support and aggressive advocacy you need to seek justice.

We are ready to listen to your story and explain your options. We welcome the opportunity to serve your family in any way we can. Whenever you call—24 hours a day, 365 days a year—you will talk to a knowledgeable, understanding person who can help. Helping injured people is what we do. It’s all we do.

Don’t wait. Schedule a free, no-obligation consultation today to learn how we can fight for you.

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Marcus & Mack

Marcus & Mack
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57 S 6th Street,
The Mitchell House

Indiana PA   15701