Philadelphia Nursing Home Abuse Attorney
Michael Barrett
When you place a loved one in the care of a nursing home, you expect that their needs will be met and that they will, in fact, be cared for. Unfortunately, negligence and outright abuse in this area are all too common. In spite of the many state and federal regulations which have been established to protect the elderly in these settings, gross violations continue to occur every single day, tragically compromising the health, well-being and dignity of some of our society’s most vulnerable members.
As an experienced Philadelphia Nursing Home Abuse attorney, my firm has emerged as one of the region’s most recognized and respected leaders in the area of nursing home negligence. Both in the courtroom and outside of it, we are leading the charge to make a difference and create an environment where substandard nursing home care will not be tolerated. We have had success on behalf of abused and neglected patients and their families, in cases involving:
- Bed Sores (pressure sores, decubitus ulcers)
- Falls
- Physical or sexual assault
- Physical or chemical restraints
- Malnutrition or dehydration
- Choking
- Clogged breathing tubes
- Burns
- Wrongful Death
- Medical Malpractice
- Traumatic Brain Injury
- Spinal Cord Injury
- Slip And Fall/Premises Liability
Common warning signs that a nursing home resident may be suffering abuse or negligence include rapid weight loss, unexplained bruises or other injuries, sudden agitation or emotional withdrawal, the substitution of heavy medication or sedatives for supervision, or the inability of a caretaker to sufficiently explain the patient’s condition.
Saltz, Mongeluzzi, Barrett & Bendesky, P.C., concentrates on specific areas of litigation and works together in highly focused teams that have been mastering those areas of law for years. The team approach allows the Firm to handle multiple facets of your case simultaneously and creates an environment in which many minds are working on the same issues with the same goal: success. Our lawyers strive to learn the science of the cases in their areas. The net result: You get a litigation team that not only knows the law, but understands the scientific principles involved in their specific area.
Verdicts and Settlements:
$6 million: A Philadelphia jury awarded more than $6.6 million in damages to a woman who sued two doctors for failing to diagnose breast cancer in time to halt its spread to her liver and other vital organs.
$1.8 million: Following a construction accident, a man went to see a doctor about his back pain. The doctor performed two back surgeries; however, the patient’s condition only worsened, leaving him unable to work. The man ultimately had to undergo a third surgery with another doctor in an effort to correct the damages of the first two surgeries. Saltz, Mongeluzzi, Barrett & Bendesky investigated, finding the doctor had been negligent, failing to consider alternatives to surgery, performing surgery that was not indicated, and then failing to inform the patient of all of the risks of the surgery in order to gain his informed consent. The case went to trial, where a jury awarded $1.8 million for medical bills, lost wages and other damages.
$1.5 million: A Montgomery county jury returned a $1.5 million verdict in a medical malpractice case where a plaintiff alleged his doctors failed to diagnose a condition that led to a stroke.
$1.25 million: Philadelphia jury awards $1.25 million for failure to timely diagnosis Lymphoma.
$1 million: A diabetic man who fractured his foot and later had to have a below-the-knee amputation was awarded $1 million by a Philadelphia jury for a doctor’s failure to diagnose his developing gangrene.
If you or someone you know needs the assistance or trusted legal advice of an experienced Philadephia Nursing Home Abuse attorney, call Saltz, Mongeluzzi, Barrett & Bendesky, P.C., today at 866-601-4597, or use the contact form provided on this site to schedule a free consultation.
Practice Areas And Legal Definitions
Nursing Home Neglect:
Americans are living longer than ever before. The fastest growing segment in the United States is the elderly population. As a result of this demographic shift, many elderly Americans have become residents of nursing homes during their final years. As many of these nursing homes are under-funded and understaffed, a disturbing incidence of neglect and abuse is being reported. Injuries sustained by nursing home residents due to neglect and abuse often involve the inappropriate use of physical restraints, joint contractors, overuse of sedatives, unnecessary use of urinary catheters, loss of mobility, pressure sores and lack of nutrition with weight loss.
Nursing Home Liability:
Sadly, when people age, they become more vulnerable to abuse, neglect and exploitation. Some older people opt to move into nursing homes or long-term care facilities to ensure that they are well cared for and will be protected from the effects of their deteriorating physical and/or mental conditions. In these settings, however, older people are sometimes actually physically and/or psychologically harmed by the negligent or intentional acts of their caregivers.
Many people in the U.S. discount the feelings and rights of the elderly because they associate aging with physiological, psychological and social disability. Senior citizens should be allowed to live out their lives free from pain, suffering and distress caused by the negligence or abuse or others. One could argue they have an even stronger right to live in peace and comfort than any other segment of society, given the contributions they have made to society over their many years.
In institutional settings, several factors have been shown to contribute to the abuse or neglect of residents, including poorly qualified and inadequately trained staff, staff with a history of violence, inadequate numbers of staff, the isolation of residents and the known reluctance of residents to report abuse out of embarrassment or fear.
For all of these reasons, it is both an honor and a challenge for Saltz, Mongeluzzi, Barrett & Bendesky, P.C., to represent the elderly in personal injury litigation. Specifically, these cases present the challenge of overcoming a tendency on the part of others, including insurance adjusters and even physicians, to discount an elderly person's injuries and the diminished quality of life that results from them. With an attorney's thorough investigation and effective presentation of the losses sustained by an elderly client, however, insurance adjusters and jurors can be convinced to fully compensate injured senior citizens.
Nursing Home Criminal Conduct:
Some states provide criminal penalties for the abuse, neglect or other mistreatment of nursing home residents. Historically, prosecutions for crimes involving abuse, neglect and exploitation of the elderly were relatively infrequent. This was due in part to the reluctance of older persons to report incidents or press charges, the fact that the immediate harm was removed through the intervention of adult protective services, the difficulty some older people have in participating in a criminal trial, physical frailty, the frequent lack of supporting evidence and the concern of some prosecutors that elderly victims might not make credible witness due to physical limitations or loss of memory. Recently, however, there have been more and more prosecutions of such actions.
Moreover, some states have enhanced penalties for crimes committed against older people. In some cases, failures to provide residents with sufficient food, keep residents clean enough or prevent bedsores from occurring have supported convictions for criminal neglect. In other cases, the unjustified use of physical restraint or force against nursing home residents has resulted in convictions for nursing home abuse. In some states, the definition of abuse may require inappropriate physical contact that harms or threatens to harm the patient and may not cover verbal threats.
Wrongful Death:
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company, or organization. A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents. Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in PA, the following elements must be present:
- The death of a human being caused by another's negligent or intentional conduct.
- The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.
The general rule in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his wife, children and/or parents had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, society, companionship, comfort, affection, society, solace or moral support.
Medical Malpractice:
Medical malpractice is the failure of a health care provider to follow the accepted standards of practice of his or her profession in the community where the service is rendered. If a physician was careless, lacked proper skills, or disregarded standardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence. Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.
Examples of Medical Malpractice include:
- Failing to diagnose a tumor while reading an x-ray
- Puncturing a nearby organ or tissue during surgery
- Failing to order necessary and appropriate medical tests
- Failing to diagnose a condition in time to treat it properly
- Failing to refer a case to a medical specialist
- Prescribing incorrect medication
- Brain Injury
- Birth Injury
- Cerebral Palsy
- Incorrect diagnosis that results in a failure to treat a medical condition
- Failing to properly administer anesthesia
- Emergency room negligence
- Dental Malpractice
- Cosmetic Surgery Malpractice
Traumatic Brain Injury:
Traumatic brain injury (TBI) is a medical phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head. Essentially, the human brain floats in a fluid substance call cerebrospinal fluid. TBI can result when an impact causes the momentum of the brain to come into contact with the skull. This type of injury, often the result of hitting your head on the windshield, pavement, or object, is frequently referred to as a “closed head injury.” Whiplash can also cause TBI. These closed head injuries can result in lasting physical and mental problems.
Spinal Cord Injury:
Spinal cord injury (SCI) occurs when the nerves within the spinal canal are damaged. Most SCI's are caused by trauma to the vertebral column, affecting the spinal cord's ability to send and receive messages from the brain to the body's systems that control sensory, motor and autonomic function. Motor vehicle accidents are the leading cause of SCI, followed by acts of violence, falls, sports injuries and diseases such as polio, spina bifida, and Friedreich’s Ataxia. The spinal cord does not have to be severed in order for a loss of functioning to occur; it only has to be fractured.
Slip And Fall/Premises Liability:
Slip and fall accidents can cause serious injury, although often are not taken seriously. A fall on another person's property due to unsafe conditions may be eligible for compensation due to personal injury. Property owners are responsible for keeping their premises safe and must warn visitors of potential non-obvious hazards. For example, if fluids are left on the floor of a store for an unreasonable amount of time or there is no effort to clean the floor after notice of the condition, the owner may be legally liable for a slip and fall injury occurring in that location.
Most slip and falls happen in commercial settings, including grocery stores, drug stores, office buildings, construction sites, and even gas stations and malls. These accidents may also happen on private property. Either way, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of dangerous conditions.
If you or someone you know needs the assistance or trusted legal advice of an experienced Philadephia Nursing Home Abuse attorney, call Saltz, Mongeluzzi, Barrett & Bendesky, P.C., today at 866-601-4597, or use the contact form provided on this site to schedule a free consultation.If you or someone you love needs the assistance of a trusted Philadelphia Nursing Home Abuse attorney, call Saltz, Mongeluzzi, Barrett & Bendesky, P.C., today at 866-601-4597, or complete the contact form provided on this site to schedule a free consultation.
ADDRESS OF THE FIRM:
Michael Barrett
Saltz, Mongeluzzi, Barrett & Bendesky, P.C.
One Liberty Place - 52nd
1650 Market Street
Philadelphia, PA 19103
Phone: 866-601-4597
MEMBERS OF THE FIRM:
Attorney Michael F. Barrett
- Jurisdictions Attorney is Licensed in: Commonwealth of Pennsylvania; State of New Jersey; State of New York; District of Columbia; United States District Court, Eastern District of Pennsylvania; United States District Court, District of New Jersey; United States District Court, District of Columbia; United States District Court of Appeals, Third Circuit
- Date Admitted to the Bar: 1984
- Colleges Attended, Degree & Year Graduated: University of Pennsylvania, 1981; Villanova University School of Law, 1984, JD
- Professional Memberships & Achievements: Philadelphia Trial Lawyers Association, President 2008-2009; Pennsylvania Association for Justice, Board of Governors, 2008-2009; American Association for Justice; Louis D. Brandeis Law Society Foundation, Board of Directors, 2008-2009
- Board Certifications: Certified Civil Advocate of the National Board of Trial Advocates
- How juvie scandal was uncovered (Times Leader)
WILKES-BARRE – Tipped off that a county judge was improperly incarcerating juveniles for minor offenses, attorneys for the Juvenile Law Center knew there was just one way to get to the truth: - Culture clash on display in rape trial (Main Line Suburban Life)
WEST CHESTER — The cultural differences between American and West African society were on display in a Common Pleas courtroom Wednesday, as a native of Sierra Leone testified she endured months of sexual assaults by a fellow countryman because she had been taught that if a man rapes a woman, she must submit to him.
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