One of the biggest things plaguing nursing homes in Pennsylvania and several other states is abuse. It affects so many residents in different facilities because it has a lot of faces. Men and women are physically abused, mentally abused, and even financially abused but there are other shades of this harm as well.
Normally, the abuser is someone from inside the facility such as another resident or staff member but it can also be someone from outside the premises. Here are some Pennsylvania nursing home cases that showcase abuse:
$500,000 NURSING HOME SETTLEMENT:
Pennsylvania nursing home abuse case. This dispute began so flagrantly that it almost doomed any chance of actually getting to trial. The victim was an elderly woman who suffered from numerous handicaps all of which combined to render her extremely vulnerable to any form of abuse.
Unfortunately, on one occasion, that is exactly what she received. A staff member assaulted and attacked her as she lie asleep in bed. The event left her injured and traumatized. She needed extensive and emergency care as well as significant long-term follow up rehabilitation. After the event and her time in the hospital, she explored her options as to recovery.
Eventually, she decided to bring a lawsuit against her attacker as well as the nursing home. The nursing home objected on the grounds that the employee’s actions were his own, intentional, and should in no way be traced back to the company. However, faced with the steep proposition of defending this theory in court in front of a cold jury and innocent plaintiff, it agreed to settle.
$130,000 NURSING HOME SETTLEMENT:
Pennsylvania nursing home abuse case. This incident was between two male nursing home residents. Enraged, one of them hauled off and smacked the other right in the face. The victim had to be taken to the hospital. He broke a nose and suffered other immediate, personal injuries.
However, he also claimed indefinite pain and suffering as well as other intangible injuries. For these and for the costs that arose from the altercation, he sued the man who attacked him as well as the nursing home.
As against the male defendant, that matter went to court but the matter against the nursing home settled. The plaintiff contended that it did not do all that it could to ensure a safe environment. The defendant did not ever have to admit this because it did not get to court.
At that point, it was just comparing the costs of trial versus the costs of settlement and the latter won out in this instance.
$250,000 NURSING HOME SETTLEMENT:
Pennsylvania nursing home abuse case. This cause of action was more for abuse of care than your typical abuse case. The resident involved had multiple ailments and required extensive care and treatment. For instance, she needed several prescriptions throughout the day as well as continuous rotating to avoid bed sores and treat other issues such as joint pain.
However, this apparently overwhelmed the staff and resources of the nursing home where she was residing. They failed to meet up to the promises they made regarding her care when she was first admitted and she suffered as a result.
Her health fell down into a serious state and she had to be taken to the emergency room. There doctors discovered the true extent of her illness and at once moved to stabilize her condition. Yet, the damage was done. The weight of missed medications, improper treatments, dehydration, and malnutrition was seriously threatening her life.
Eventually, her physicians were successful but only after several procedures and a heavy round of rehabilitation. Once her medical affairs were finally resolved, she sued the nursing home for negligence in order to recover for the damages that these events created.
The nursing home cried foul and argued that she was already sick prior to entering its premises. Yet, unable to explain its own deficient care, it agreed to settle and the woman recovered $250,000.
$360,00 NURSING HOME SETTLEMENT:
Pennsylvania nursing home abuse case. This incident involved a third-party intruder. A female resident of seventy-four years was passing between two different departments in the early morning hours when she was struck and knocked to the ground by the trespasser.
She suffered a head contusion, broken bone, and other various personal injuries including several scrapes and scars. After a few days in the hospital, she was released into the care of her family. On the advice of counsel and in consultation with those same family members, she brought two lawsuits: one against the attacker and one against the nursing home.
Her claims against the latter sought compensation for its lack of supervision and controls that led to the man’s intrusion. Unwilling to submit to these contentions or the lengthy process of trial, the defendant nursing home pursued more agreeable routes such as settlements.
The woman received $200,000 from the facility as well as $160,000 from the man.
$100,000 NURSING HOME SETTLEMENT:
Pennsylvania nursing home abuse case. The resident that brought this claim in Pennsylvania court had one particular and agonizing claim: nursing home staff failed to take into special consideration his medical needs.
He suffered from diabetes and required regular treatments for the upkeep of his health. However, staff at the facility did not timely arrange for his transfer to the appropriate center for those treatments on several different occasions. This caused him pain and a worsening of his overall condition.
For that error as well as the pain and costs that attended it, he sought compensation in court. After a bit of haggling, the two sides worked out an agreement at $100,000.
PENNSYLVANIA NURSING HOME ABUSE CASE TAKEAWAYS
Take serious time to look over these nursing home lawsuit summaries because they are emblematic of this field of litigation. Here are some takeaways that trace some of the most important lessons from these cases:
- You need to gather and store evidence in order to reject the claim that you were not abused or that you were not abused as much as you claim you were.
- You need to point to the nursing home’s poor employee hiring, training, and supervisory controls in order to beat the defense that it is only the fault of the aggressor and not the company itself.
- You need to identify whatever relevant insurance policies the nursing home has because they can be an additional source of compensation.
WERE YOU OR A FAMILY MEMBER ABUSED IN A PENNSYLVANIA NURSING HOME?
Our law firm fights for nursing home victims. We believe that everyone deserves freedom from abuse, neglect, and intolerance. If nursing homes violate that trust, then we step up for them and for you at no upfront cost. Lawyers at Nursing Home Law News can expertly build a case around your facts and circumstances so that you don’t miss out on any recovery allowed under Pennsylvania law. To hear what you can receive, call our offices today!
If you would like to learn more about nursing home cases in Pennsylvania, please read the following pages:
PENNSYLVANIA NURSING HOME FALL CASES
PENNSYLVANIA NURSING HOME BED SORE CASES