Discovering that a loved one may be suffering from neglect in a nursing home is a deeply distressing and painful experience. You placed your trust in a facility to provide compassionate care, and the thought that this trust has been broken is difficult to process.
If you suspect your family member is a victim of neglect in an Altoona nursing home, it is important to understand that you have rights and options. Holding a facility accountable can not only secure the resources your loved one needs to recover but can also prevent similar harm from happening to other residents in our community.
At Marcus & Mack, our Altoona nursing home neglect lawyer understands the delicate and serious nature of these cases. We are committed to standing up for the rights of the elderly and their families throughout Altoona and Blair County, providing strong advocacy when it is needed most.
When you are faced with a situation involving nursing home neglect, choosing the right legal team is a critical decision for your family. The attorneys at Marcus & Mack bring a powerful combination of experience, dedication, and community focus to every case. With over 100 years of combined legal practice, our team has a deep understanding of the laws that protect nursing home residents in Pennsylvania. We are not just lawyers; we are members of your community, invested in the well-being of our neighbors in Altoona and beyond.
Our approach is built on a foundation of care and a commitment to doing what is right. We believe in:
We handle all cases on a contingency fee basis, which means you pay no attorney fees unless we recover money for you. This focus allows you to concentrate on your loved one’s health while we handle the legal process. At Marcus & Mack, we are prepared to be the strong voice your family needs.
When a nursing home in Altoona accepts a resident, it enters into a legal and ethical agreement to provide a certain level of care. This is known as the “duty of care.” It’s not just a promise; it is a requirement under both federal and state law. In Pennsylvania, these standards are outlined in the state’s regulations for nursing care facilities, which are designed to protect the health and safety of every resident. This duty means the facility must provide an environment and services that promote the highest possible physical, mental, and psychosocial well-being for each individual.
This duty is comprehensive and covers nearly every aspect of a resident’s life within the facility. The legal concept of negligence arises when a facility fails to meet this established standard of care, and that failure results in harm to a resident. This failure isn’t always a single, dramatic event. More often, nursing home neglect is a pattern of smaller oversights, understaffing, or a lack of proper procedures that, over time, lead to serious injury or a decline in health.
A facility’s fundamental responsibilities include, but are not limited to:
Understanding these obligations is the first step in recognizing when a facility has failed to provide the care your loved one deserves.
Neglect can be subtle, and its signs are not always immediately obvious. Residents may be unable or afraid to speak up about the care they are receiving. Therefore, it is crucial for family and friends to be vigilant and aware of potential warning signs. These indicators can often be categorized into physical signs, emotional changes, and environmental red flags within the facility itself.
The most visible signs of neglect often manifest in a resident’s physical health and appearance. These symptoms can indicate a failure to provide basic daily care and medical attention.
Observing any of these signs warrants immediate attention and a conversation with the facility’s administration about your concerns.
The impact of neglect is not just physical. The emotional toll can be just as damaging and may signal that a resident’s social and psychological needs are being ignored.
These behavioral shifts are significant and should never be dismissed simply as a part of aging.
Sometimes, the clearest signs of a problem are not with the resident but with the nursing home itself. The physical environment and the way the facility operates can reveal a lot about the quality of care being provided.
These facility-wide issues can affect every person living there and often point to systemic problems in management and procedure.
When a nursing home fails in its duty of care, the consequences for residents can be severe. The injuries that arise from neglect can lead to a significant decline in a person’s health, require extensive medical treatment, and cause immense pain and suffering. Identifying the connection between an injury and a facility’s negligence is key to holding them accountable.
These injuries are often preventable with proper staffing, procedures, and attention to detail, which is why their occurrence is a serious red flag.
Taking action when you suspect neglect is essential for protecting your loved one. The steps you take can help ensure their immediate safety and begin the process of documenting the situation, which is vital for holding the facility accountable.
First and foremost, address any immediate health concerns. If you believe your loved one is in danger, do not hesitate to seek an independent medical evaluation or, if necessary, call for emergency medical help. Once their immediate safety is addressed, you can focus on reporting and documentation.
Here are some steps you can take:
Taking these proactive measures can help protect your family member and start the process of seeking justice for the harm they have suffered.
Pursuing a claim against a nursing home can feel like a daunting task. These facilities and their parent corporations are often represented by powerful insurance companies and legal teams. An experienced attorney from Marcus & Mack can level the playing field and advocate tirelessly on your behalf. Our role is to manage the legal complexities so you can focus on your family.
An attorney provides critical assistance by:
Having a dedicated legal team on your side sends a clear message to the nursing facility: you will not let this go unchallenged.
Here are answers to some common questions families have about nursing home neglect cases in Pennsylvania.
In Pennsylvania, the statute of limitations for personal injury cases, which typically includes nursing home neglect, is generally two years from the date the injury occurred or was discovered. However, some exceptions can apply, so it is important to discuss the specific details of your case with an attorney as soon as possible to protect your right to file a claim.
No. It is illegal for a nursing home to retaliate against a resident or their family for reporting concerns or filing a complaint. Retaliation can include a decline in care, eviction, or any other form of punishment. If you suspect retaliation, it should be reported to the Pennsylvania Department of Health and your attorney immediately.
A claim can be filed by the resident themselves if they are able. If the resident is incapacitated, the claim can usually be filed by a person with a durable power of attorney for healthcare or a legally appointed guardian. In cases where neglect led to a resident’s passing, certain family members may be able to file a wrongful death lawsuit.
Compensation, often called damages, is intended to cover the various losses the resident and their family have suffered. This can include the cost of medical bills, physical therapy, pain and suffering, emotional distress, disability, and disfigurement. In some situations, punitive damages may be available if the facility’s conduct was particularly reckless.
Yes. Many neglect cases involve residents with cognitive impairments like dementia or Alzheimer’s. In these situations, evidence of neglect is often established through medical records, physical evidence like bedsores, witness testimony from family or other staff, and facility records. An attorney can work to build a case even if the resident cannot testify on their own behalf.
Robert S. Marcus Altoona Nursing Home Neglect Lawyer
If you suspect a loved one is suffering from neglect in an Altoona-area nursing home, your family deserves answers, accountability, and justice. At Marcus & Mack, we are here to provide the support and strong legal representation you need during this difficult time. We are committed to protecting the rights of our community’s most vulnerable residents.
Don’t wait to get the help you need. We are available 24/7 to listen to your story. Contact Marcus & Mack today to schedule a free, no-obligation consultation to discuss your case. Let us show you how we can help.
