Pennsylvania Nursing Home Lawsuit

This page looks at Pennsylvania nursing home lawsuits.  We will examine the law governing these claims and the expected settlement amount in Pennsylvania nursing home suits so you can get a better idea of what

If your elderly parent or relative died or was seriously injured due to nursing home negligence or abuse, you can file a lawsuit against the nursing home facility and get financial compensation.

Pennsylvania nursing homes get sued for negligence, abuse, and medical malpractice on a regular basis. Plaintiffs in Pennsylvania nursing home lawsuits have a very high success rate, and most nursing home facilities prefer to settle cases before they go to trial.

When Can You Sue a Pennsylvania Nursing Home?

Nursing homes and other elder care facilities (e.g., retirement homes, assisted living facilities, etc.) have a legal duty to provide a certain minimum level of care for their elderly residents. Unfortunately, nursing homes are notorious for their persistent failure to provide quality care to residents. Instead, nursing homes are usually chronically understaffed, and they tend to neglect or completely ignore the basic needs of their residents and provide care that is well below what is legally required.

To have a viable lawsuit against a Pennsylvania nursing home, you need  to be able to prove two essential elements:

• The nursing home provided negligent care
• The negligent care resulted in serious injury or death to a resident

Establishing the first element is often the easy part in nursing home cases. Negligent care by a nursing home is generally defined as any level of elderly care that falls below what is reasonably expected by elder care facilities under the circumstances. Again, just look at the rankings.  Pennsylvania nursing homes are not doing a good job.  Mistakes get made and people get badly hurt and die. All of the time.

Federal regulations actually define nursing home neglect as the “failure to provide goods and services necessary to avoid physical harm, mental anguish or mental illness” (42 C.F.R. § 488.301).

Pennsylvania Nursing Home Bedsore Lawsuits

A bedsore, also known as a pressure ulcer, pressure sore, or decubitus ulcer, is an injury to the skin and underlying tissue caused by prolonged pressure. These injuries typically occur on bony areas of the body, such as the heels, hips, elbows, and tailbone. Bedsores are most common in individuals with limited mobility, such as those confined to beds or wheelchairs, who cannot change positions regularly. They range in severity from mild skin irritation to severe wounds that reach the muscle or bone.

Nursing homes get sue very frequently for negligence related to bedsores on elderly residents. In fact, nursing home bedsore claims are on of the most frequently litigated healthcare negligence claim. Why? Because when a nursing home resident develops bedsores, it is almost always an indication that the nursing home has been negligent.

Pennsylvania Nursing Home Abuse Lawsuits

Tragically, many elderly residents in nursing homes fall victim to physical and mental abuse perpetrated by facility staff. Under federal regulations, nursing home abuse is defined as the “willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish” (42 CFR § 488.31).

Common examples of nursing home abuse include:

• Development of Bedsores (Pressure Ulcers)
  We talk about this one more above. It is probably the most common type of nursing home wrongful death lawsuit we handle.  Bedsores occur when a resident is left in the same position for too long without proper care, leading to painful wounds that can become infected. Claims often allege that nursing home staff failed to reposition immobile residents, use pressure-relieving devices, or provide proper hygiene and skin care. Severe cases of bedsores can lead to life-threatening infections, sepsis, or amputations.
• Medication Errors
  Mistakes such as administering the wrong medication, incorrect dosages, or failing to provide necessary medications can result in serious harm or death. Residents often rely on nursing home staff to manage complex medication regimens, and errors can exacerbate existing conditions or create new health crises.
• Neglect or Malnutrition
  Some nursing home lawsuits focus on the failure to provide basic necessities, such as proper nutrition, hydration, and hygiene. Malnourishment and dehydration can weaken a resident’s immune system, worsen chronic conditions, and increase the risk of falls or infections.
• Physical or Emotional Abuse
  Cases involving abuse by staff or other residents, including physical violence, verbal threats, sexual abuse, or humiliation, are unfortunately too common. Emotional abuse can lead to depression, anxiety, and withdrawal, while physical abuse may result in injuries that range from bruises to fractures.
• Nursing Home Fall
  Nursing home fall lawsuits arise when facilities fail to properly assess residents for fall risks or implement adequate safety measures to prevent accidents. These cases often involve negligence, such as failing to provide mobility aids, monitor residents, or address environmental hazards, leading to serious injuries like fractures or head trauma. Families pursue these lawsuits to hold nursing homes accountable for failing to provide a safe environment, seeking compensation for medical expenses, pain, and suffering.
• Inadequate Supervision Leading to Wandering or Elopement
  Residents with cognitive impairments, such as Alzheimer’s or dementia, may wander unsupervised or leave the facility, placing them at significant risk of injury or death. Claims in these cases allege insufficient staffing, lack of security measures, or failure to monitor residents appropriately.
• Failure to Address Medical Needs
  Residents may require regular monitoring for chronic conditions like diabetes, heart disease, or respiratory illnesses. Failing to provide timely medical attention, monitor vital signs, or administer treatment for emerging health issues can lead to severe complications or preventable deaths.

Pennsylvania Nursing Home Fall Lawsuits

Nursing homes are often sued for failing to take proper precautions to prevent elderly residents from falling and sustaining injuries. Many nursing home residents face mobility challenges, making them prone to falls when walking or moving. For a frail, elderly individual, even a minor fall can result in severe injuries or death.

In Pennsylvania and elsewhere, nursing homes are required to identify residents who are at risk of falling. Once a resident is determined to be a fall risk, the facility is obligated to take reasonable steps to protect them. These measures should address potential falls during walking and when getting in or out of bed.

It’s important to note that nursing homes are not expected to prevent every fall. Some falls are unavoidable despite best efforts. However, adhering to reasonable fall prevention protocols is a fundamental part of the care they are paid to provide.

Types of Nursing Home Fall Lawsuits

Failure to Identify Fall Risks: Claims allege that the nursing home did not properly assess a resident’s risk of falling.

Failure to Implement Fall Prevention Procedures: Cases where the facility recognized a resident as a fall risk but failed to put the necessary preventative measures in place.

Nursing homes have a duty to provide a safe environment for residents, and when they fail to meet this standard, legal action may be necessary to hold them accountable.

Pennsylvania Nursing Home Lawsuit Settlement Amounts

Nursing home lawsuits in Pennsylvania often result in higher settlement amounts compared to other personal injury cases. This is largely due to the negative public perception of nursing homes and their reputation for providing substandard care to elderly residents. This poor reputation makes nursing homes particularly vulnerable defendants in negligence lawsuits.

Juries tend to approach these cases with a degree of skepticism about nursing home practices. When a doctor makes a mistake, jurors often seek an explanation or consider it an isolated incident. In contrast, when a nursing home fails in its duties, it aligns with jurors’ preconceived notions about the industry’s systemic negligence, making them more likely to side with plaintiffs.

The settlement amounts of Pennsylvania nursing home lawsuit will vary widely based on the severity of harm and the extent of negligence involved. For cases with moderate injuries, such as fractures resulting from preventable falls, settlements might range between $50,000 and $250,000.  You do not see many of those lawsuits filed, however.  Most nursing home lawsuits in Pennsylvania involve catastrophic injuries and wrongful death.

So for more severe cases involving wrongful death or permanent disability you will often see settlement payouts exceeding $500,000 and sometimes crossing the $1 million mark. These figures depend heavily on the specific facts of the case, including the facility’s history of violations and the strength of the evidence presented.

It bears repeating that the settlement amounts for Pennsylvania nursing home lawsuits are, of course, highly case-specific and depend on the unique details of each situation. Factors such as the severity of the injury, the extent of negligence, the nursing home’s history of violations, and the strength of the evidence all play a significant role in determining the outcome. While general ranges can be estimated, each case is unique, and settlements or awards are tailored to the specific harm suffered by the resident and the circumstances of the claim.

Pennsylvania Nursing Home Settlements and Verdicts

• $125,000 Settlement (Pennsylvania 2024): A non-ambulatory resident of defendant Saint Ignatius Nursing Home, suffered a right humerus fracture while being transferred by staff using a Hoyer lift and required surgical intervention. Post surgery, she developed a stage II sacral wound, urosepsis and severe hydration and suffered a premature death. Lawsuit alleged that the nursing home was negligent both in causing the fall and her post-surgery care.
• $130,000 Settlement (Pennsylvania 2024): A 78-year-old resident of a nursing home suffered neglect resulting in his death. The decedent suffered numerous injuries consistent with custodial neglect, including severe dehydration with a water deficit of 6-7 liters, malnutrition, acute kidney failure, urinary tract infections, septic shock and poor hygiene.
• $250,000 Settlement (Pennsylvania 2024): An elderly woman was admitted to Crestview Center nursing home, operated by Genesis Healthcare LLC (a major nursing home company). She allegedly was caused to suffer injuries including fractures of both femurs, acute blood loss, joint effusion, and poor hygiene and died at the age of 94.
• $1,000,000 Settlement (Pennsylvania 2023): The decedent, 82-years-old, was a resident at Springcreek Rehabilitation & Nursing Center. He allegedly suffered multiple falls during the month of December 2019, resulting in multiple traumatic injuries. He eventually died from complications related to those injuries and his family brought a wrongful death lawsuit.
• $200,000 Settlement (Pennsylvania 2023): A elderly woman was a resident at Silver Lake Center nursing home.  She fell seven days after her admittance to the facility and suffered a left hip fracture which required surgery. A few months later, she was permitted to fall again, this time sustaining a right hip fracture which also required surgical intervention. Her estate filed a survival action with allegations that the defendant provided the decedent with negligent care, knew or should have known that she was a high fall risk due to her medical condition and failed to take the appropriate precautions and supervise her movements.
• $125,000 Settlement (Pennsylvania 2023): A 98-year-old resident of The Gardens at Pottstown, a nursing home, allegedly fell on several occasions during her ten year residency. The decedent reportedly suffered a fractured pelvis in her final fall, the complications of which allegedly resulted in a premature and preventable death. The age of the decedent was probably a big reason for the low settlement amount here.
• $200,000 Settlement (Pennsylvania 2022): This survival action was brought after a 77-year-old dementia patient, was transferred to defendant St. Joseph’s Manor Nursing Home, where she fell and suffered a subdural hematoma and fractures to her left femur, left orbital floor, nasal bone and left 5th metacarpal. The plaintiff estate contended the defendants were negligent for failing provide a clear fall assessment plan, free of conflicting information in terms of whether she could walk independently or with assistance from staff.

Hire a Pennsylvania Nursing Home Lawyer

If you have a potential nursing home negligence or abuse case, contact our Pennsylvania nursing home injury lawyers at (800) 553-8082, or CONTACT US ONLINE.