Have you or a loved one experienced nursing home abuse or neglect in Wyomissing, Pennsylvania? Taking legal action can hold the negligent facility and abusive staff accountable. You may also be entitled to compensation to preserve your quality of life and cover the cost of moving to a new facility.
At Marzzacco Niven & Associates, we understand the deep emotional and physical harm abuse can cause. We will use our 120 years of combined experience to advocate for you and help you seek justice.
Call our law firm at 717-231-1640 for a free case evaluation with a Wyomissing nursing home abuse lawyer. We will listen to your story, give you compassionate support, and help you understand your options.
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Why Choose Marzzacco Niven & Associates to Help When You Suspect Nursing Home Abuse In Wyomissing, PA?
Facing the reality of nursing home abuse is emotionally overwhelming and legally complicated. You trust the facility and staff to care for your vulnerable family member. When that trust is betrayed, you may be unsure what to do next or how to protect your loved one.
At Marzzacco Niven & Associates, we don’t just handle nursing home abuse cases. We support and empower families navigating some of their most challenging moments.
Our firm has earned a reputation built on compassion, integrity, and tireless advocacy. With more than 120 years of combined legal experience, we have recovered tens of millions. Our lawyers have been recognized as Super Lawyers and Best Lawyers of America.
Trust us to stand by your side and aggressively protect your loved one’s rights. Call our office to schedule a free consultation with a Wyomissing nursing home abuse attorney. Let’s discuss what happened and how we can help.
Types of Nursing Home Abuse and Neglect Cases We Handle in Wyomissing, Pennsylvania
Nursing home abuse or neglect refers to harmful actions or failures that result in injury or harm to residents. Abuse usually refers to intentional actions, while neglect means failure to provide adequate care. Neglect may include failing to provide adequate assistance, medical care, hygiene, safety, and nutrition. It also includes failure to see to an older adult’s social and emotional needs.
At Marzzacco Niven & Associates, we handle all types of nursing home abuse cases in Wyomissing, including:
- Physical abuse
- Emotional or psychological abuse
- Sexual abuse
- Failure to diagnose and other forms of medical malpractice
- Failure to seek timely medical care
- Inadequate staffing and supervision
- Elopement
- Bedsores
- Medication errors and overmedication
- Slip and fall accidents, a common cause of brain injuries and fractures in older adults
- Dehydration and/or malnourishment
- Untreated infection
- Resident-on-resident assault
- Wrongful death
When a skilled nursing facility fails to provide the care residents deserve, they can be held responsible.
What Laws Protect Pennsylvania Nursing Home Residents From Abuse and Neglect?
Pennsylvania nursing home residents are protected by both state and federal laws meant to ensure their safety, dignity, and quality of care. These laws give residents rights and provide legal options to hold facilities accountable for abuse or neglect.
Federal laws like the Nursing Home Reform Act set minimum care standards. Residents are also protected by Pennsylvania’s Older Adults Protective Services Act (OAPSA). This law mandates the reporting of suspected mistreatment of adults 60 and older. It also requires investigations by Area Agencies on Aging (AAAs).
The Department of Health licenses nursing homes in the state, conducts regular inspections, and investigates complaints.
If you suspect a loved one is being mistreated, the first step is to ensure their immediate safety. Call 911 or the police if you believe they are facing an immediate danger. Suspected abuse can be reported by calling the Pennsylvania Elder Abuse Hotline at 800-490-8505. You may also contact the Berks County Long-Term Care Ombudsman, who advocates for residents, investigates issues, and helps you find a resolution.
How Common Is Nursing Home Abuse?
Nursing home abuse and neglect are distressingly common issues across the United States. According to the World Health Organization (WHO), about one in six seniors has experienced some type of elder abuse in the past year. Long-term care residents are at the highest risk of neglect and abuse, particularly residents with dementia.
Mistreatment may come from family caregivers, facility staff, and even other residents. The prevalence rate of resident-on-resident abuse alone is estimated at 20%. Two out of three skilled nursing employees have reported committing at least one act that would constitute abuse or mistreatment.
The National Council on Aging (NCOA) suggests that only one in every 24 cases of elder abuse is formally reported.
Out of 15 nursing homes in Wyomissing and the rest of Berks County, six received a 5-star rating by CMS. Five facilities were rated average or below average, with one cited for abuse, according to the CMS Nursing Home Compare tool.
What Damages Are Available in Pennsylvania Nursing Home Abuse Cases?
If you or a loved one has been a victim of mistreatment in a nursing home, you have the right to seek compensation and hold the facility accountable. Damages in a nursing home abuse case cover the financial, emotional, and physical harm that a victim and their family have suffered.
Potential damages include:
- Reimbursement for medical and therapy expenses
- Compensation for ongoing care and support services required due to abuse
- Costs associated with relocation to a safer care facility
- Physical, mental, and emotional pain and suffering
- Loss of enjoyment of life
Additional damages may be awarded in a wrongful death case, including funeral and final expenses.
In certain cases, a jury may award punitive damages to punish a facility for egregious conduct. These damages may be available in cases involving extreme neglect, sexual abuse, or physical abuse.
How Long Do I Have to File a Nursing Home Abuse Lawsuit in Pennsylvania?
There is a two-year statute of limitations that applies to most personal injury cases in Pennsylvania. This time limit usually begins on the date the abuse or mistreatment began, or when it was or could have been reasonably discovered.
In nursing home abuse cases, this deadline may be tolled or paused if the victim was legally incapacitated. This often applies when the abuse victim has dementia.
Investigating abuse, gathering evidence, and building a case takes time. It’s crucial to consult with a lawyer as soon as possible to preserve your loved one’s right to compensation and hold the facility responsible.
Schedule a Free Consultation With Our Wyomissing Nursing Home Abuse Lawyers
When a nursing facility violates your trust and mistreats your loved one rather than giving them the quality care they deserve, they should be held accountable. Marzzacco Niven & Associates is ready to help you pursue justice and fair compensation for the harm you or your loved one suffered in Wyomissing, PA.
We have recovered tens of millions for injury victims and their families. We are here to give you the same tireless representation. Contact us today for a free consultation with a Wyomissing nursing home abuse lawyer.
Areas We Serve in Berks County, PA
Wyomissing Hills, Colony Park, Whitfield, Springmont, West Lawn, West Wyomissing, Lincoln Park, Shillington, Kenhorst, Alvernia University, Grill, Reading, Greenfields, Greenfield Manor, Spring Ridge, and all sounding areas of Wyomissing.