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Nursing Home Negligence and Abuse Archives

Three Arrested for Potential Abuse in Pennsylvania Nursing Home

In a recent example of the potential for neglect and abuse in nursing homes, the state has revoked the license of a nursing-home facility in Delaware County after three workers were arrested for allegedly abusing a patient.

Nursing Homes Can Now Be Successfully Sued for Neglect and Abuse Under the Doctrine of Corporate Negligence

The Pennsylvania Superior Court unanimously ruled that liability for neglect and abuse can be imposed on a nursing home under a corporate negligence theory in Scampone v. Grane Healthcare Company, _A.2d_, 2010 WL 2780315 (Pa. Super. July 15, 2010).  The Court observed that such liability is already imposed on hospitals, HMOs and medical professional corporations that have total responsibility for the coordination of care and management of all patients.  Reasoning that a nursing home is analogous to a hospital in the level of its involvement in a patient's overall health care, the Court held that the nursing home corporate owners and operators were liable to the deceased victim of systemic neglect and abuse for its grossly inadequate and incompetent staffing.  The Court said:  "If a health care provider fails to hire adequate staff to perfom the functions necessary to properly administer to a patient's needs, it has not enforced adequate policies to ensure quality care....the existence of this persitent lack of adequate staffing constituted a violation the [nursing home corporate owner's] duty to formulate, adopt and enforce adequate rules and policies to ensure quality care for its patients."

Gregory R. Gifford
  • RGS&G Firm News

    "Gregory R. Gifford, a partner at the Lansdale law firm of Rubin, Glickman, Steinberg and Gifford, P.C., was elected Vice President of the Montgomery Bar Association on January 13, 2017. Mr. Gifford is a past Director of the Association and has also served as its Treasurer and Secretary"Read more...

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Rubin, Glickman, Steinberg and Gifford has been a member of the local Penn Suburban Chamber of Commerce (previously known as North Penn Suburban Chamber of Commerce) for more than 25 years.

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