You trusted the facility to care for your parent, and instead, they came home with unexplained bruises. Pennsylvania families facing nursing home abuse don't have to figure out what to do alone. A Pennsylvania elder law attorney can help you understand your legal options and take action to protect your loved one while holding the facility accountable.
File a Complaint with the Pennsylvania Department of Health
The Pennsylvania Department of Health licenses and regulates nursing homes under the Health Care Facilities Act. When families report nursing home abuse, the DOH can issue citations, fines, or sanctions. In extreme cases, they can even revoke a facility's license.
Filing a complaint triggers an investigation. State inspectors visit the facility, review records, interview staff and residents, and determine whether violations occurred. The complaint process requires several steps:
- Submit an online intake form at the Department of Health's complaint webpage describing what happened in detail.
- Provide your contact information. The online intake form requires contact information, but you can request confidentiality from the facility.
- Call 1-800-254-5164 for urgent situations requiring immediate response.
- You can also send complaints to c-ncomplai@pa.gov or mail written complaints to Division of Nursing Care Facilities, 2525 N. 7th Street, Suite 210, Harrisburg, PA 17120.
This path protects other residents and forces facilities to fix problems, but it doesn't result in monetary damages for your family. That requires a civil lawsuit.
Contact the Long-Term Care Ombudsman Program
Pennsylvania's Long-Term Care Ombudsman Program provides a practical, non-lawsuit pathway for complaints and resident advocacy. Ombudsmen are trained professionals who investigate complaints, mediate disputes, and work toward resolutions without requiring legal action. The program is free and confidential.
Contact the statewide office at 717-783-8975 or email LTC-Ombudsman@pa.gov to find your local ombudsman or get assistance with nursing home problems.
Report to Older Adult Protective Services
For older adults aged 60 and over, Pennsylvania provides protective services through county Area Agencies on Aging under the Older Adults Protective Services Act. These services can investigate abuse, neglect, and exploitation, including situations involving older adults living in nursing homes and other care facilities.
Older Adult Protective Services can assess danger, coordinate protective interventions, and work with law enforcement when criminal conduct is suspected. However, for regulatory violations and facility-level care concerns in nursing homes, the Department of Health and Ombudsman Program typically serve as primary complaint channels.
Contact your county's Area Agency on Aging to report abuse of an older adult or request a protective services investigation. For adults with disabilities ages 18 to 59, different protective service frameworks apply through county programs.
Pursue a Civil Lawsuit for Damages
Civil litigation allows families to recover financial compensation for harm caused by nursing home abuse. Under Pennsylvania law, families can sue for medical expenses, pain and suffering, emotional distress, and punitive damages in cases of egregious conduct.
Types of Claims
Negligence claims apply when facilities fail to meet accepted standards of care, like leaving residents in soiled clothing, failing to prevent falls, or ignoring call buttons. You must prove the facility breached its duty of care and caused harm.
Wrongful death and survival actions provide two paths for recovery when abuse or neglect contributed to a resident's death. Designated family members may recover damages for funeral expenses and loss of companionship. Survival actions recover damages the deceased could have claimed if they had lived, including pain and suffering experienced before death.
Critical Legal Requirements
Pennsylvania's statute of limitations requires lawsuits to be filed within two years of the injury. Miss that deadline, and you lose the right to sue.
Many nursing homes include arbitration clauses in admission paperwork that force disputes into arbitration rather than court. Don't sign documents under pressure during admission. Have an attorney review admission paperwork to determine whether arbitration clauses are enforceable.
Report Criminal Abuse to Law Enforcement
Some nursing home abuse is criminal. Physical assault, sexual abuse, theft, and serious neglect are crimes punishable by prison sentences. When families suspect criminal conduct, report it to local police or the Pennsylvania Attorney General's Office.
Pennsylvania law makes it a crime when a caregiver intentionally, knowingly, or recklessly causes bodily injury, serious bodily injury, or death by failing to provide necessary care to a care-dependent person. The offense is graded based on harm, ranging from misdemeanors for bodily injury to felonies when serious injury or death results.
Know Who to Call First Based on the Situation
The right agency to contact regarding suspected nursing home abuse or neglect in Pennsylvania depends on what's happening:
- Immediate danger. Call 911 or local police for emergency response.
- Regulatory complaints. Contact the Pennsylvania Department of Health at 1-800-254-5164
- Resident advocacy. Reach out to the Long-Term Care Ombudsman at 717-783-8975
Take Multiple Actions Simultaneously
Families should understand that they aren't limited to just one path. File a DOH complaint, contact protective services through your Area Agency on Aging, report crimes to police, and file a civil lawsuit, all at once.
Each serves a different purpose. A state complaint improves care for current residents. A lawsuit compensates your family. Criminal investigations punish wrongdoers. Evidence from one action often strengthens others.
Get Help From a Paoli Elder Law Attorney
Evidence disappears quickly. Facilities may alter records or delete video footage. An attorney can issue preservation letters to secure evidence before it's gone. Pennsylvania families have more legal power than they realize. Call Ruggiero Law Offices to speak with an experienced elder law attorney who understands nursing home abuse cases and can help you protect your loved one.