A: Your mother or father may have a case, depending on the facts and circumstances. It is important to speak to a lawyer as soon as possible to discuss issues specific to the case, such as statute of limitations issues.
Nursing home abuse is an unfortunate reality. In 2001, a special U.S. congressional report indicated that as many as one of out of every three nursing homes in the U.S. had a report of abuse within a two year period. Many instances of abuse are undetected and unreported.
Proving a case of abuse may be difficult absent eyewitness testimony or physical evidence such as bruising or broken bones. Depending on the case, it may be appropriate to conduct a background investigation of the suspected abuser to determine whether that person has a criminal record. Nursing homes and other care facilities commonly hire unqualified staff members who may have criminal records. In addition, subpoena of the facility’s records may reveal systematic problems of abuse.
In nursing home physical or sexual abuse lawsuits, there are two main types of claims which are usually made: failure to provide a reasonably safe environment and negligent hiring or retention of a violent employee. In some instances, a claim for punitive damages may be appropriate, especially where the facility ignored or hid the abuse.
Read related legal article: Liability for Physical and Sexual Abuse in Nursing Homes in Pennsylvania and New Jersey.
To submit your case for review by our Pennsylvania and New Jersey crime victims civil lawyers, call Click To Call. Our lawyers are available for a free, no obligation legal consultation, and can obtain special admission in other states, such as New York or Delaware, on a case by case basis.
Our attorneys serve accident victims in the following areas: Allegheny County, PA; Berks County, PA; Bucks County, PA; Chester County, PA; Delaware County, PA; Lehigh County, PA; Montgomery County, PA; Northampton County, PA: Philadelphia County, PA; Atlantic County, NJ; Burlington County, NJ; Camden County, NJ; Cumberland County, NJ; Gloucester County, NJ; Salem County, NJ; New Castle County, DE; Kent County, DE; Atlantic City, NJ; Philadelphia, PA; Pittsburgh, PA; Newark, NJ; Doylestown, PA; Media, PA; West Chester, PA; Norristown, PA; Camden, NJ; Wilmington, DE; Newark, DE; Georgetown, DE; and New Castle, DE. Our lawyers can obtain special admission in other states on a case by case basis.
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