Allentown Nursing Home Negligence Attorney

When Winning Is the Only Option

What Is Your Case Worth?

We get big settlements

Nursing Home Negligence Lawyer in Allentown

When a loved one suffers harm in a nursing home, families often feel betrayed and worried about the future. Residents and their families place trust in these facilities to provide safety, dignity, and appropriate medical care. When staff members or administrators fail in their duty, the consequences can include serious injuries, medical complications, and emotional distress. An Allentown nursing home negligence attorney from Leeson & Leeson helps families hold responsible parties accountable and pursue financial recovery for the losses caused by negligence.

The legal process involves more than filling out forms or sending letters. Nursing home cases require careful investigation, medical review, and evidence collection. With experienced representation, families can move forward knowing someone is protecting their rights and seeking accountability.

Leeson & Leeson offers free consultations for families in Allentown and throughout Pennsylvania who suspect nursing home negligence. Contact us now to get started.

Leeson & Leeson: Lehigh Valley Lawyer Fighting for Maximum Compensation

Real People, Real Results:
Client Testimonials

Key Takeaways About Nursing Home Negligence

  • Pennsylvania nursing homes are required by state and federal law to provide a minimum standard of care to all residents
  • Common signs of negligence include unexplained injuries, bedsores, malnutrition, medication errors, and emotional distress
  • Families have legal rights to hold facilities accountable through civil lawsuits for damages including medical expenses, pain and suffering, and punitive damages
  • Documentation and evidence collection are crucial for building a strong negligence case
  • Pennsylvania’s statute of limitations for nursing home negligence claims is typically two years from the date of discovery

What Constitutes Nursing Home Negligence Under Pennsylvania Law?

Pennsylvania law recognizes negligence when a facility or staff member fails to act with reasonable care, resulting in harm to a resident. Nursing homes must meet standards of medical treatment, supervision, and living conditions. Falling short of these standards can justify a lawsuit.

Failure to Provide Adequate Medical Care

Residents often require ongoing medical treatment, such as wound care or diabetes management. When facilities delay treatment, ignore medical concerns, or fail to call physicians, residents may experience serious complications.

Improper Medication Administration

Medication errors, such as giving the wrong drug or incorrect dosage, can cause severe health issues. Nursing homes must maintain accurate medication records and ensure proper training for staff.

Inadequate Staffing Levels

Facilities sometimes operate with too few caregivers. Understaffing leads to residents waiting hours for assistance, missed meals, or untreated medical needs. Staffing shortages are a leading cause of neglect claims.

Poor Hygiene and Sanitation Standards

Unclean living spaces expose residents to infections and illness. Nursing homes must maintain sanitary restrooms, bedding, and communal areas. Poor hygiene is often linked to bedsores and respiratory illnesses.

Failure to Prevent Falls and Injuries

Falls represent one of the greatest risks in nursing homes. Residents need mobility aids, supervision, and hazard-free walkways. A facility that ignores these precautions may be responsible for broken bones, head injuries, or other harm.

What Are the Most Common Types of Nursing Home Abuse and Neglect?

Neglect and abuse can appear in many forms. Families should understand the range of harmful conduct to protect their loved ones.

Physical Abuse and Assault

Physical abuse often shows up as bruises, broken bones, or cuts without clear explanations. A resident may flinch when staff approach or avoid contact altogether. Sometimes, families notice caregivers using restraints that seem unnecessary. Even rough handling during bathing or moving a resident can cross into abuse.

Emotional and Psychological Abuse

Emotional harm rarely leaves visible marks. Instead, residents may appear withdrawn, anxious, or suddenly fearful of being left alone with staff. A once-outgoing resident may stop participating in group activities or refuse to eat with others. Families sometimes overhear harsh or belittling language directed at residents, which signals emotional abuse.

Financial Exploitation

This type of abuse may become apparent when a resident’s personal items go missing or unexplained withdrawals appear in bank accounts. Staff may pressure residents to sign checks or change wills. Families might also receive questionable bills for services never provided.

Sexual Abuse

Sexual abuse can involve inappropriate touching, comments, or more severe misconduct. Warning signs include torn clothing, reluctance to be changed or bathed, or sudden fear of specific staff members. Residents with dementia may have difficulty expressing what happened, making it vital for families to pay close attention to behavioral changes.

Medical Neglect and Malpractice

Medical neglect often emerges when residents’ health conditions worsen without explanation. Untreated infections, worsening bedsores, or sudden hospitalizations due to missed medications may indicate malpractice. Families may notice patterns, such as repeated hospital visits for conditions that should have been managed in the facility.

How Do You Recognize the Warning Signs of Nursing Home Negligence?

Loved ones may not always communicate mistreatment directly. Recognizing early warning signs helps families intervene quickly.

  • Physical Indicators of Neglect: Unexplained bruises, bedsores, frequent infections, or sudden weight loss may suggest negligence.
  • Behavioral Changes in Residents: A resident who becomes withdrawn, anxious, or fearful around staff may be experiencing abuse or neglect.
  • Environmental Red Flags at the Facility: Dirty hallways, broken equipment, or foul odors often reflect poor management. During visits, families should note whether residents appear clean, fed, and comfortable.
  • Staff Behavior and Facility Policies: High staff turnover, unresponsiveness to family questions, or inconsistent explanations may point to deeper issues.

What Legal Standards Apply to Pennsylvania Nursing Homes?

Nursing homes in Pennsylvania must follow both federal and state regulations designed to protect residents.

Federal Nursing Home Reform Act Requirements

The Nursing Home Reform Act requires facilities to provide care that promotes residents’ physical, mental, and social well-being. Violations can serve as evidence in negligence cases.

Pennsylvania Department of Health Regulations

The Pennsylvania Department of Health oversees inspections, licensing, and enforcement. Reports of deficiencies may strengthen a negligence claim.

Residents’ Bill of Rights

Pennsylvania law grants residents rights such as freedom from abuse, privacy, and proper medical care. Violating these rights may lead to civil liability.

Corporate Liability for Nursing Home Chains

When large corporations own multiple facilities, they may be held liable for systemic failures like understaffing or cost-cutting policies that place residents at risk.

What Damages Can You Recover in a Pennsylvania Nursing Home Negligence Case?

Families who bring claims may seek financial recovery for the harm caused by a facility’s conduct.

Medical Expenses and Future Care Costs

These damages may cover immediate hospital visits, emergency surgeries, and medications. They can also include long-term care needs such as physical therapy, in-home nursing, or specialized equipment like wheelchairs. For example, a resident who suffers a hip fracture in a fall may require ongoing rehabilitation and assistance with mobility.

Pain and Suffering Compensation

Compensation for pain and suffering acknowledges the physical discomfort and emotional trauma residents experience. A resident who develops severe bedsores might endure constant pain that limits sleep and daily activities. Emotional suffering may arise from fear of being left in unsafe conditions.

Loss of Quality of Life

Injuries sometimes restrict independence. A resident who once enjoyed daily walks may no longer leave their bed. Others lose the ability to socialize or participate in hobbies. These losses reflect a measurable decline in daily living satisfaction.

Punitive Damages for Egregious Conduct

When facilities act with extreme disregard for safety, such as knowingly leaving residents without food or failing to treat infections, punitive damages may be awarded. These damages are designed to punish reckless conduct and discourage similar actions by other nursing homes.

Wrongful Death Claims

When neglect results in death, families may pursue wrongful death claims. These claims often cover funeral expenses, medical costs leading up to the death, and the emotional impact of losing a loved one. For example, untreated pneumonia in a nursing home resident could result in a preventable loss of life.

How Do You Prove Negligence in a Pennsylvania Nursing Home Case?

Establishing negligence requires careful steps to show how the facility failed in its duty of care. Attorneys often build these cases in a structured way:

Step 1: Establishing the Standard of Care

The attorney identifies what the nursing home should have done. This often involves comparing the facility’s actions to accepted medical practices, state regulations, and federal laws.

Step 2: Documenting Breach of Duty

The next step involves showing how the facility failed. Evidence may include staffing schedules proving too few employees worked during a shift or records showing missed medications.

Step 3: Connecting Breach to Harm

Attorneys then demonstrate that the failure directly caused injury. For example, if records show staff left a resident unattended despite fall risks, and the resident later broke a hip, that connection strengthens the claim.

Step 4: Collecting Supporting Evidence

Medical records, photographs of injuries, inspection reports, and witness statements all serve as key proof. Attorneys often request these documents through legal processes to ensure accuracy.

Step 5: Working with Medical Experts

Doctors and specialists may testify about how negligence caused harm. They explain medical details in plain terms so juries and judges understand the link between the facility’s actions and the resident’s injuries.

Step 6: Presenting the Case

Finally, attorneys present findings during settlement negotiations or in court. If an insurance company refuses to take responsibility, the evidence is organized for trial where a judge or jury decides the outcome.

What Evidence Should You Collect for Your Case?

Strong evidence increases the likelihood of a successful claim. Families can assist by gathering documentation.

  • Medical Records and Care Plans: Hospital charts, treatment orders, and nursing notes provide details about a resident’s care.
  • Photographic Documentation of Injuries: Photos of bruises, bedsores, or unsafe conditions create powerful evidence.
  • Witness Statements from Staff and Visitors: Testimony from employees, residents, or visitors can confirm neglect or abuse.
  • Facility Inspection Reports and Citations: State inspection reports showing deficiencies often play an important role in proving a case.

How Our Attorneys Can Help

Leeson & Leeson provides representation tailored to the needs of families confronting nursing home negligence.

  • Comprehensive Case Investigation: Our attorneys review records, interview witnesses, and gather inspection results to build a case.
  • Expert Medical Witness Coordination: We enlist medical professionals to testify about how negligence caused or worsened a resident’s condition.
  • Negotiation with Insurance Companies: Our attorneys pursue fair settlements by holding insurers accountable when they attempt to undervalue claims.
  • Trial Representation and Advocacy: If defendants refuse to accept responsibility, our attorneys present the case in court before a judge or jury.
  • Recovery of Maximum Compensation: Our firm seeks the full measure of damages available under Pennsylvania law, ensuring families aren’t left with uncovered expenses.

Frequently Asked Questions About Nursing Home Negligence Claims in PA

How Long Do I Have to File a Nursing Home Negligence Claim in Pennsylvania?

Families generally have two years from the date they discovered the injury or neglect to file a lawsuit. This deadline is called the statute of limitations. Missing it usually means losing the chance to bring a claim, so acting quickly is important.

Can I Sue If My Loved One Signed an Arbitration Agreement?

Arbitration agreements may complicate matters, but they don’t always prevent lawsuits. Courts sometimes limit or reject these agreements, especially if they appear unfair or were signed under pressure. An attorney can review the agreement to see whether it restricts legal action.

What If the Nursing Home Is Owned by a Large Corporation?

Corporations can be held accountable if their policies or cost-cutting decisions contributed to negligence. In some cases, patterns across multiple facilities point to corporate-level failures, which can increase liability.

How Much Does It Cost to Hire a Nursing Home Negligence Attorney?

Leeson & Leeson represents clients on a contingency fee basis, meaning legal fees are collected only if compensation is recovered. This arrangement allows families to pursue justice without paying upfront costs.

What Happens If My Loved One Passes Away During the Legal Process?

The case may continue as a wrongful death claim brought by surviving family members or the estate. This ensures that the facility remains accountable for the harm, even if the resident passes away before the case concludes.

Areas We Serve

Contact Our Nursing Home Abuse Lawyers in Allentown Now

Families in Allentown, from areas near Cedar Crest Boulevard to neighborhoods by Hamilton Park, deserve nursing homes that provide safety and respect. When facilities fall short, legal action offers a way to seek accountability and financial recovery.

Deadlines apply to nursing home negligence claims in Pennsylvania. Waiting too long can limit your options. Leeson & Leeson offers free, no-obligation consultations to discuss your case and explain the next steps.

Call (610) 691-3320 today to schedule a consultation with an Allentown personal injury attorney and protect your loved one’s rights.

Leeson & Leeson: Lehigh Valley Lawyer Fighting for Maximum Compensation