A 76 year old nursing home patient died last month from complications of injuries he sustained when he was tased by local police.
The man was reportedly wielding a knife and scissors and otherwise behaving erratically when the police arrived. When officers motioned to the man, who did not speak English, and ordered him to drop the weapons, he moved the knife towards his throat. Police then used a taser in an attempt to prevent the man from harming himself. As a result, the man fell and severely injured his face.
The man died shortly thereafter from pneumonia that developed during treatment for delirium and his injuries, according to the medical examiner.
According to one account of the incident, a review of a department website shows that the facility involved has been investigated eight prior times in recent years by the state, but that none of those cases resulted in substantiated findings against the facility or its employees.
While at first blush it may appear that the police bear the sole brunt of the blame, if this is a blameworthy situation, there are many questions that remain unanswered regarding the incident.
For example, if the man was suffering from a form of dementia or other mental condition, the nursing home may have been negligent in allowing him to get ahold of the knife and scissors, with which he then subsequently used to attempt to harm himself. Additionally, there may be potential for an argument, depending on how the facts unfolded, that the home’s staff should have been better trained in ways to calm the patient down, or seek other methods of restraint in order to prevent the situation from escalating to the extent that it did.
Maryland nursing homes are required by law to have set of policies and procedures in place that will prevent abuse and neglect of its residents. While the more common sorts of abuse and neglect are a result of committing affirmatively abusive behaviors or failing to adequately tend to medical concerns, a failure to create policies regarding patients who are known to escalate situations, could potentially be a violation.
If you suspect that an elderly friend or relative living in a nursing home or assisted living facility within the Maryland or the Washington D.C. areas might be suffering from neglect or abuse, contact the experienced nursing home abuse and neglect attorneys at Lebowitz & Mzhen, LLC immediately. Our law firm has many years of experience advocating on behalf of victims who have suffered as a result of nursing home abuse or neglect within nursing homes and assisted living facilities. Contact us today in order to schedule your complimentary and confidential initial consultation. You can reach us by calling (800) 654-1949 or contact us through our website.
More Blog Posts:
Four Nursing Home Employees Accused of Spraying Nursing Home Patients with Water “For Fun”, Maryland Nursing Home Lawyer Blog, published August 8, 2013
Man Wins $1.1 Billion for Mother’s Death in Nursing Home Abuse Lawsuit, Maryland Nursing Home Lawyer Blog, published July 26, 2013