Nursing Home Neglect & Abuse

About Our Nursing Home Injury Lawyers

Kanner & Pintaluga opened its doors in 2003 and has since grown to encompass a team of nearly 100 experienced attorneys at law. Over the years, we’ve helped hundreds of thousands of clients nationwide get the settlements they deserve.

One thing is certain: when you are facing a case of nursing home abuse and neglect, we’re here to fight for you. Our team of lawyers, case managers, and subject matter experts is diligent and tireless, never stopping until you see a fair and just settlement.

Throughout the legal process, we’ll handle everything so that you can focus on caring for your loved one, and they can focus on healing from the traumatic experience that is nursing home abuse. We’ll take care of communication with insurance companies, the opposing party, and their attorneys and handle all the filing of paperwork and more to ease the burden from your shoulders.

We pride ourselves on settling cases quickly with the maximum payout. More than 95% of personal injury cases settle before ever seeing the inside of a courtroom. However, we’re ready to fight for you before a jury if your case is in the 5% that proceed to trial.

Contact our team today for the best representation from knowledgeable nursing home injury lawyers. We’ll provide you with an entirely FREE consultation and case review, without any obligation, to discuss what your claim may be worth. Additionally, we won’t take a single penny from you until you see a payout. That means we don’t get paid unless your family receives a settlement. Don’t go bankrupt in the process of seeking needed justice.

What to Do If You Suspect Nursing Home Neglect

Hundreds of thousands of elderly Americans suffer abuse and neglect at the hands of nursing homes and long-term care facilities each year. These numbers are devastating, as it puts one of our most vulnerable populations at steep risk. Oftentimes, families see signs that their loved one may be suffering from mistreatment but are unsure of what to do or where to turn.

Here are the steps to take if you suspect nursing home neglect and abuse.

Step One: Document Everything

Having as much documentation as possible to present to an elder abuse and neglect attorney is crucial. This documentation can be in official form, such as medical reports, doctor’s notes, and personal forms. Take pictures of any injuries you observe on your loved one and the conditions of their bed, room, and the facility in general.

It’s important to document more than just physical injuries. You should note any changes in behavior and mood and any drastic changes in their medical condition. Often, psychological signs are present before the physical becomes apparent. Note any unsafe conditions or hazards you see on the property. Take note of how many staff are working, how often you see staff caring for residents and other concerning events.

Keep a written log or document everything in your phone’s notes app.

Step Two: Speak with the Facility

People may feel hesitant to do this, but it’s essential that you get your complaints on record with the nursing home or facility. You can speak with those responsible for your loved one’s direct care, but you should also lodge your complaints with management or the program directors.

Here, ask to submit a written complaint regarding care. Additionally, ask for a formal response. Ask for details regarding your loved one’s care and examples of how your concerns will be addressed. Keep copies of all correspondence with the nursing home, complete with dates and names of those involved.

Step Three: Contact the Proper Authorities

You should always report nursing home abuse and neglect to the police, but there are other parties to alert, too. In the United States, each state has a long-term care ombudsman or adult protective services agency investigating allegations of neglect and abuse.

If you suspect nursing home abuse, call the National Long-Term Care Ombudsman Resource Center at 1-800-677-1116. Additionally, other agencies to call include:

• Your state’s Adult Protective Services (APS) hotline.
• Your state’s Department of Health.
• Your local Area Agency on Aging.

Keep records of all reports and complaints filed with such parties and ask for written documentation regarding your correspondence.

Step Four: Consult a Nursing Home Lawyer

Once you have all your documentation organized, contact an experienced elder abuse lawyer at Kanner & Pintaluga. We represent clients nationwide in nursing home abuse and neglect cases. While state and local agencies may take criminal action against the nursing home or care providers, we represent your loved one to fight for civil compensation to which they may be entitled. Initial consultations with our team are always FREE, and we don’t take a dime in payment until you receive a financial settlement.

Step Five: Monitor the Situation

At this point, many people choose to move their loved ones to a different care facility or nursing home, if possible. However, not everyone can do so due to financial or insurance constraints. This can be stressful for all involved. Stay involved once the proper authorities and agencies investigate your claims, and an elder abuse lawyer works diligently on your case.

Now is the time when it’s most crucial to monitor your loved one’s care and continue documenting anything concerning you may see. Keep your attorney, the authorities, and state agencies updated regarding any changes or further incidents involving your loved one and the facility.

Taking these steps can help protect your loved one and ensure accountability for any neglect or mistreatment at the hands of a nursing home.

Steps to Get Started with an Elder Abuse Lawyer

Getting started with an elder abuse lawyer or nursing home neglect attorney is simple. Contact us today to schedule your FREE and confidential case review.

We’ll ask for some basic information to get started:

• Your full name
• Your location (city and state)
• Contact information (email and phone number)
• The type of case you’re inquiring about
• Case details

Under the case details section, please provide us with a brief overview of why you seek legal representation. Here, provide key details regarding your loved one’s situation. Additionally, give as much documentation as possible–it’s okay if you don’t have everything. Include police reports and complaints filed with monitoring agencies, pictures of injuries or unsafe conditions, medical reports regarding the care of your loved one, and more.

An example of completing case details and requesting a consultation with an elder abuse lawyer may look like this:

“My mother, age 82, is currently residing at the ABC123 nursing home in Philadelphia, Pennsylvania, and has been a victim of nursing home neglect/abuse. She has been a full-time resident at the facility since 2015. Since residing at ABC123, my mother has gotten bedsores, broken bones, and received subpar care. We have reported the abuse and neglect to the police, the state ombudsman, and the Agency on Aging and have these documents to share. We want to move forward with a lawsuit against ABC123 nursing home and seek legal representation.”

Once you complete our contact form, a representative will contact you shortly to begin discussing your case and advise on the next steps.

Nursing Home Neglect & Abuse: Common Injuries

There are some common themes regarding nursing home neglect and abuse when it comes to injuries and sustained harm. These are the most commonly reported injuries and examples of neglect:

• Bedsores
• Broken bones
• Concussions
• Bruising and lacerations
• Burns
• Infections
• Spinal cord injuries
• Dental injuries
• Unexplained STDs
• Malnutrition and dehydration
• Missed medication, improper dosing, incorrect medication
• Neglecting to bathe or change a resident’s clothes
• Neglecting to change a resident’s bedding properly
• Leaving an immobile resident in their room too long
• Name-calling and other emotional abuse
• Verbal threats
• Unhygienic living conditions

These are a few common examples. However, it’s important to know that nursing home abuse and neglect can take many forms.

Nursing Home Industry Data and Statistics

In 2017, the National Ombudsman Reporting System (NORS) received more than 201,000 complaints of abuse and neglect from nursing home residents, family members, and others. Many more went unreported. Research from the National Library of Medicine suggests that about 10% of all nursing home residents experience abuse or neglect.

Elder abuse then saw a sharp rise in 2020, especially as many states implemented mandatory lockdowns, leaving nursing home residents more isolated from their families. A study revealed that nursing home abuse surged by 83.6% during this period, with roughly one in five residents facing abuse. Some experts believe that for every one reported instance of nursing home abuse, there are an additional 24 instances that go unreported. This is highly alarming, and these victims deserve justice.

The most common types of nursing home abuse and neglect are physical, psychological, sexual, and financial. Here’s what the numbers say about elder abuse in America:

• Nursing home abuse and neglect are most common among those who spend the most time directly caring for residents. In this case, nursing aides (CNAs) are often responsible for 80%-90% of direct contact.
• Psychological and emotional abuse are the most common types of abuse in nursing homes. This accounts for 33.4% of abuse in institutional settings
• Physical abuse accounts for more than 14% of cases.
• Only 1 in 25 nursing home abuse and neglect cases are reported.

How Much Is My Elder Abuse Case Worth?

The average settlement for nursing home abuse and neglect cases can vary widely based on the severity of the abuse, the evidence presented, and the location of the case. However, settlements typically range from $100,000 to $1 million or more. According to the Nursing Home Abuse Center, the average settlement payout for nursing home abuse and neglect is $406,000.

Here are the factors that can impact the value of your case:

• The injuries’ severity and lasting impact on the resident’s quality of life.
• Medical expenses relating to care and recovery for the noted injuries.
• Emotional distress and pain & suffering.
• Type of abuse: physical, psychological, sexual, or financial.
• The level of negligence and intent.
• History of abuse and negligence claims at the facility.

Types of Nursing Home Abuse Cases

There are five primary types of nursing home abuse and neglect cases. The elder abuse lawyers at Kanner & Pintaluga are ready to fight for justice in each of these types of cases.

Nursing Home Neglect

Nursing home neglect can take many forms and pose a danger to all long-term care facility residents. In neglect cases, a care provider is not necessarily intentionally negligent or causing malicious harm. However, that doesn’t make their actions okay (or legal).

According to the CDC, “neglect is the failure to meet an older adult’s basic needs. These needs include food, water, shelter, clothing, hygiene, and essential medical care.”

Examples of nursing home neglect include:

• Medication errors
• Isolation or abandonment
• Withholding of food or water
• Failure to provide prompt medical care
• And more

Physical Abuse

Physical abuse in nursing homes is a serious issue, and this type of abuse accounts for 14.1% of all reported cases. It occurs when a caregiver deliberately inflicts physical harm on a resident.

Examples of physical abuse in nursing homes include:

• Hitting, punching, pushing, kicking
• Inappropriate use or misuse of restraints
• Grabbing, scratching, etc (leaving bruises and marks)

Psychological and Emotional Abuse

This is the most common type of abuse reported in nursing homes and long-term care facilities, accounting for more than 33% of all cases. Psychological or emotional abuse takes place when a caretaker intentionally causes a resident to experience distress, trauma, or emotional suffering.

Examples of psychological abuse in nursing homes include:

• Yelling and verbal abuse
• Name-calling
• Making fun of a resident, taunting or teasing them in mean spirits
• Threatening a resident or their family
• Ignoring resident needs
• Excluding residents from community activities

Sexual Abuse

Unfortunately, sexual abuse is present in nursing homes and long-term care facilities. In these cases, staff members or other residents may be the perpetrators. These cases account for 1.9% of reported events.

Examples of sexual abuse in nursing homes include:

• Forcing residents to engage in non-consensual sexual acts
• Forcing residents to watch sexual acts
• Inappropriate sexual touching

Financial Abuse

More than 13% of reported abuse cases in nursing homes are related to financial abuse. According to the American Bankers Association, this is the most quickly growing form of elder abuse. Elder financial abuse is “the illegal, unauthorized, or improper use of an older person’s funds, property, or assets.” This crime deprives older adults of their resources and, ultimately, their independence.

Financial abuse costs elderly Americans over $2.9 billion annually.

Examples of financial abuse in nursing homes include:

• Stealing resident property
• Misappropriating resident funds and payments
• Identity theft
• Fraudulently convincing a resident to participate in a scam
• Convincing a resident to spend money on a caretaker or buy them gifts
• Convincing a resident to alter their will or estate for a caretaker’s benefit

Kanner & Pintaluga: Customer Reviews & Testimonials

With more than twenty years of experience representing clients across the country, our reviews speak for themselves. We have a team of nearly 100 attorneys who fight for victims’ rights everywhere. You will work with elder neglect attorneys who work diligently to get the compensation you deserve.

Our team is continuously praised for our legal expertise and the compassionate support we provide to those seeking legal representation. We keep our clients informed each step of the way while guiding them to help navigate the legal system. Here’s what other clients are saying about working with Kanner & Pintaluga.*

“I wish to thank this law firm for being with me and advising me every step of the way. Yes, the journey and my treatment were long. Thank you for being receptive and responsive.” Robert B.

“From day one, one has been very helpful and compassionate to my case…[They were] very helpful and answered all my questions. [They were] very understanding, and I would recommend them to everyone. They really know how to work with people and listen.”–Joseph K.

“The Law Offices of Kanner & Pintaluga handled my case. It took them less than a year to settle my case. Their staff and my attorney were communicative, knowledgeable, and very helpful. [They] went above and beyond to fully explain the process to me, answer my questions, and move my case to completion. [They were] always pleasant, professional, and extremely responsive to emails and voicemails. Thank you, K&P.”–Sharvie B.

“The law office of Kanner & Pintaluga was very helpful in my case. When I made the call to have them represent me, they were at my door the same day. Their team made me feel secure. I would recommend them to anyone.”–Henry B.

“Extremely satisfied with the service and dedication provided by the firm. Every part of the legal process ran smoothly because of their attention to detail. If you want your legal case to run as quickly as possible and with the best outcome, this is definitely the firm to call.”–Ileana S.

*Testimonials are edited for grammar and clarity.