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Nursing Home Malpractice
Nursing Home Negligence • Nursing Home Malpractice • Long-Term Care Facility • Short-Term Care Facility • Personal Care Home • Assisted Living Facility
Your Pennsylvania and New Jersey Nursing Home Malpractice Lawyer
It has been estimated that 1.6 million seniors reside in nursing homes. Twenty percent of all deaths from all causes occur in nursing homes. While most residents die from natural causes, those deaths caused by substandard care will be aggressively litigated.
The Swain Law Firm will investigate nursing home cases where the resident has needlessly suffered from bed sores, malnutrition, a preventable fall, abuse, the failure to provide medications, the failure to carry out physician orders, the failure to have a qualified physician examine a resident after an accident, or from other correctable conditions.
Federal and state regulations provide minimum care levels. Violations can lead to liability in a civil suit or to fines and penalties assessed by the government.
For example, federal and state regulations require a facility to provide each resident with adequate supervision and assistant devices to prevent accidents, a facility must provide or arrange for the provision of physician services 24 hours a day in case of emergencies, and a facility must develop and implement written policies and procedures that prohibit mistreatment and neglect.
Despite clear and published regulations, accidents occur. A work environment that causes the staff to be too busy to care for their residents properly is often at the root of the problem.
A plaintiff may pursue claims against a nursing home for the negligent conduct of its staff as well as for the direct negligence of the nursing home. Corporate policies and insufficient staffing can cause harm. For example, staff shortages may cause a nurse's aide to transfer a resident by herself even though the resident should only be moved by two people.
In summary, a nursing home can be liable under various theories of liability depending on the circumstances of each case. Harm can occur where staff members are improperly trained, are overworked, poorly supervised, when they disregard physician orders or when they fail to implement and follow a resident's care plan.
Family members should not assume that their loved ones are properly cared for by the staff and should report any concerns to the nursing home director, and when necessary, to the government. Nursing homes are jointly regulated by both State and Federal Agencies, including the U.S. Department of Health and Human Services and The Centers for Medicare and Medicaid Services (CMS).
In Pennsylvania, The Department of Health, Division of Nursing Care Facilities is responsible for the licensing and oversight of Pennsylvania's nursing care facilities. Personal care homes are licensed by the Pennsylvania Department of Public Welfare.
In New Jersey, nursing facilities are licensed and regulated by the New Jersey Department of Health and Senior Services, related federal agencies, and state medical boards.
Contact us to schedule an appointment in one of our Pennsylvania or New Jersey offices.
