Frequently Asked Questions
Nursing Home Abuse & Neglect
Injury Lawyer Serving All of PA & NJ
Bedsores · Wrongful Death · Malpractice Lawsuits · Elder Abuse
Listed below are some frequently asked questions (FAQs) Mr. Murphy receives from his clients about nursing home abuse and neglect in Philadelphia / Pennsylvania and New Jersey nursing homes. Should you have any additional questions for Mr. Murphy about nursing home abuse or neglect, contact him today to answer your questions.
What is nursing home neglect?
Philadelphia, Pennsylvania, and New Jersey nursing homes are charged with the duty of providing nursing home residents the care necessary to maintain the resident’s “physical, mental, and psychosocial well being.” Naturally, as an elderly nursing home resident ages, these three health components will deteriorate. This is inevitable; however, a nursing home facility, according to Pennsylvania and New Jersey law, must not deprive a nursing home resident of the care necessary to attain his or her optimum health. If the nursing home does, your loved one is likely being subjected to nursing home neglect and you should consider contacting a nursing home abuse attorney immediately.
Nursing home neglect can come in many forms. Sometimes it may be obvious, such as with an unexplained fracture or a severe bed sore. Other times it is not, such as when a nursing home resident with many co-morbidities, begins losing weight or becomes dehydrated. Determining whether neglect has occurred usually takes a detailed investigation by a nursing home abuse attorney; however, there are signs that you can observe which make it easier to detect nursing home neglect. Learn more about the signs of nursing home neglect.
What is nursing home abuse?
Nursing home abuse is the intentional deprivation, through action or inaction, of certain basic rights of nursing home residents. An experienced Philadelphia, Pennsylvania, or New Jersey nursing home abuse attorney will tell you that nursing home residents can be abused a number of different ways. Some common forms of nursing home abuse include:
- physical abuse
- psychological abuse
- financial abuse
- sexual abuse
Each kind of nursing home abuse is different and each has its own signs and symptoms. Review a list of nursing home abuses.
What can I do if I suspect nursing home abuse or neglect?
If you suspect nursing home abuse or neglect at a Philadelphia, Pennsylvania, or New Jersy nursing home, contact an experienced nursing home abuse attorney, such as Brian P. Murphy. An experienced nursing home abuse attorney will know where to look and what to ask when determining if nursing home abuse or neglect has occurred. He or she will likely instruct you to immediately report your suspicions to the nursing home administrator. In addition, you should also contact your state’s Department of Health / Ombudsman’s Office. Philadelphia / Pennsylvania and New Jersey, provide officials who investigate allegations of nursing home abuse or neglect. All Philadelphia,Pennsylvania, and New Jersey nursing homes are required to have their state’s investigator’s contact information readily available at the nursing home. Ask your administrator for it.
Registering a complaint of nursing home abuse or neglect with the state agency will automatically trigger a state investigation into the allegations. Although the state is investigating your claim, you will want to keep in contact with a nursing home abuse attorney as well. Your questions about possible nursing home abuse or neglect may not be answered to your satisfaction by a nursing home administrator or state investigator. An experienced nursing home abuse attorney has extensive knowledge regarding the law surrounding nursing home abuse / neglect and possesses the skill set to know where to look and with whom to speak in order to conduct a thorough investigation of the suspected nursing home abuse or neglect.
Will I subject my loved one to more abuse or neglect if I complain?
Nursing home attorneys commonly hear this concern. And, despite your understandable fear, it is almost always suggested that you voice your complaints. Direct your complaints to the nursing home administrator. At the same time, be sure to express your concerns about fear of retribution. You may also want to ask the nursing home administrator for the Pennsylvania and New Jersey state agency’s contact information. You can then call them and register a complaint with the state. These steps will likely put attention on your elderly loved one. You may very well see improvement. Although, it is common to see continued nursing home abuse or neglect, it is rare that such abuse and neglect is in retribution for raising concerns or complaints.
What can a nursing home abuse attorney do for me?
A Philadelphia / PA or NJ nursing home abuse attorney can get answers to your questions. An experienced nursing home abuse attorney, such as Brian P. Murphy, has handled nursing home abuse and neglect claims day-in and day-out for years. As a result of this extensive experience a nursing home abuse attorney possesses a specialized skill set that enables him or her to thoroughly investigate all allegations of nursing home abuse or neglect.
Nursing home abuse and neglect litigation is a very challenging process. It generally involves complex medical charts, volumes of business records, and extensive depositions of many fact witnesses. Additionally, the defendant is often evasive and will at times deliberately attempt to block any investigation into its facility. A skilled nursing home abuse attorney knows precisely where to look and with whom to speak. He or she is able to effectively and efficiently identify, obtain, and utilize the evidence that is necessary to prove the client’s case.
In short, an experienced Philadelphia / PA and NJ nursing home abuse attorney, such as Brian P. Murphy has seen and heard it all. Not only is he or she familiar with the array of nursing home abuse and neglect allegations, a nursing home abuse attorney is also well versed in the types of excuses and defenses nursing homes make in response to such allegations. Nursing home abuse attorneys know which documents to seek, the witnesses to obtain, and the arguments to make to effectively advocate for their clients.
How much will it cost to litigate a nursing home case?
Nursing home abuse attorney, Brian P. Murphy, works on a contingency fee basis in Philadelphia, Pennsylvania, and New Jersey. That means the attorneys does not get paid unless and until you get paid. If the case were to go to trial and you lost, the nursing home attorney picks up all costs and you would owe nothing. All money needed to file a lawsuit and litigate the matter is paid for by your nursing home abuse attorney. Once a case has settled, the litigation costs covered by the nursing home abuse attorney is subtracted from the gross settlement amount. From that reduced net amount, an attorneys’ fee is subtracted. The remaining money is the client’s net settlement amount (less any liens or other debt that may attach). All information regarding the contingency fee arrangement are detailed in an attorney-client contract.
How long does it take to litigate a nursing home abuse case?
There are many variables that make this a difficult question to answer. Mr. Murphy settles nursing home abuse and neglect lawsuits at various times. He has settled them without ever having to file a lawsuit and has taken them all the way to trial. Generally speaking, once a complaint is filed, a nursing home abuse case will be litigated for two to three years. After it is litigated, the case is then scheduled for trial; however, because of scheduling conflicts and court docket limitations, it is not unusual in Philadelphia, Pennsylvania, and New Jersey to wait another year before going to trial. Once at trial, a nursing home abuse case usually takes about two to three weeks.
Upon signing up a case, nursing home abuse attorney, Brian P. Murphy, will begin preparing it as if it were going to trial. But, for one reason or another, it may be more advantageous for a client to pursue a settlement. Parties can settle a case at any point. Nursing home abuse attorney, Brian P. Murphy, routinely helps clients settle cases without ever having to file suit. The decision, if and when to settle a case, is solely at the discretion of the client and it should be carefully considered. Nursing home abuse attorney, Brian P. Murphy, takes the time to explain to his clients every advantage and possible disadvantages to settlement before any decision is made.
How long do I have to file a lawsuit against a nursing home for abuse or neglect?
In the states of Pennsylvania and New Jersey, a lawsuit for personal injury must be filed within two (2) years of the date of the injury. If a lawsuit is not filed within two (2) years of the date of the injury, plaintiff is forever barred from bringing the action. Accordingly, it is imperative that you contact a nursing home abuse attorney at your very earliest opportunity to explore the possibility of bringing a lawsuit. A nursing home abuse attorney will need time to review and evaluate your case to determine if it has merit.
Do you offer free consultations?
Yes. Nursing home abuse attorney, Brian P. Murphy, offers, free of charge, the opportunity for you to get your questions answered. Contact Mr. Murphy through The Nursing Home Attorneys website for a free evaluation of any and all suspicions you have about potential nursing home abuse or neglect.
If my loved one has passed away, can I still file a nursing home lawsuit?
Yes. Most of the lawsuits handled by this nursing home abuse attorney are brought by family members who are fighting for the rights of their deceased loved one. If the decedent has a written will, then the executor or executrix will bring the action on behalf of his or her loved one’s estate. If the decedent passed away without a will, the family will need to chose one individual as the estate’s administrator or administratrix. Proper paperwork will need to be completed with your state’s probate office. In New Jersey you would need to visit the Surrogate’s Office in the county in which your loved one resided. In Pennsylvania, you would need to visit the Register of Wills in the county you loved one last resided. Nursing home abuse attorney, Brian P. Murphy, can help guide you through the process to help get you the documents you need to move forward with the litigation.
How do I find a good nursing home?
If you are considering placing a loved one in a nursing home, the first thing any experienced nursing home abuse attorney will tell you is to visit your state’s Department of Health website. There you will find the nursing home report cards which include a five-star ranking system for every nursing home in the state of Pennsylvania and New Jersey. The DHSS long-term care facility report cards are based on the results of annual on-site surveys conducted at each facility.
Once you have found a Philadelphia / PA or NJ nursing home that you believe will provide quality care, do not stop there. Go to the nursing home website and read about the facility. Also, do an internet search on the facility to see if it has received any negative press. Then visit the nursing home and meet with its administrator. Inquire about the staffing levels and turnover rates. While you are at the facility make some observations:
- Do the residents appear to be well taken care of?
- Is the building well maintained?
- Do the residents appear active?
- Is the staff respectful to the residents?
- What do staff members think of their work?
- Ask the residents and their loved ones if they like the nursing home.
The more time you take and the more questions you ask the better your chance of developing an accurate assessment of the facility.
What is a bed sore?
Bed sores are pressure-induced skin ulcerations that develop when an individual’s bony prominences (shoulder blades, heels, elbows, sacrum, hips, etc.) are subjected to prolonged pressure. They involve the death of living tissue and often create deep muscular infections. Severe bed sores can penetrate an individual’s internal organs. Learn how bed sores can be avoided and answers to other questions, including:
Does nursing home abuse attorney, Brian P. Murphy, handle assisted living facility abuse and neglect?
Yes. As a seasoned nursing home abuse attorney, Mr. Murphy is well versed in the law pertaining to both types of facilities. Although, the law governing proper care at an assisted living facility is somewhat different than that of a nursing home, the facts and allegations are usually very similar. This nursing home abuse attorney represents residents of assisted living facilities in Philadelphia, Pennsylvania, and New Jersey.
Where can I find out more about nursing home abuse and neglect?
There are many places you can use to find out more information on nursing home abuse and neglect. The first website that any New Jersey nursing home abuse attorney would recommend is the New Jersey Department of Health and Senior Services. Similarly in Pennsylvania, you will want to review their Department of Health and Senior Services websites. There you will find the DHSS nursing home report cards which include a five-star ranking system for every nursing home in the states of Pennsylvania and New Jersey.The DHSS long-term care facility report cards are based on the results of annual on-site surveys conducted at each facility.Other helpful resources include:
In which states do you practice nursing home litigation?
Nursing home abuse attorney, Brian P. Murphy, practices nursing home abuse and neglect litigation throughout the entire states of Pennsylvania and New Jersey. Please visit the following pages for a major list of service areas:
How do I get started?
To begin the process of exploring the potential of nursing home abuse or neglect in Pennsylvania or New Jersey, please contact nursing home abuse attorney, Brian P. Murphy, to schedule a free consultation. He will take the time to explain the step-by-step process and answer any questions you might have.
Contact an Attorney
Brian P. Murphy is an experienced and well-regarded New Jersey and Pennsylvania nursing home abuse attorney. He has successfully represented many elderly nursing home residents subjected to abuse and neglect. Mr. Murphy handles cases throughout New Jersey and Pennsylvania. If you see signs of nursing home abuse or neglect, take immediate action today. Contact nursing home abuse attorney, Brian P. Murphy, to discuss your potential legal matter.
This website is owned by Attorney Brian P. Murphy. Its purpose is to assist you in understanding your rights, especially when it comes to preventing or protecting yourself and/or your loved ones against nursing home abuse, neglect, bedsores, dehydration, and wrongful death. Legal matters are billed on a contingency fee basis.
Nothing on this website is to be construed as attorney advice or otherwise creating an attorney-client relationship. If you may be interested in establishing a relationship with The Law Firm of Brian P. Murphy, PC, please contact us to discuss your options.