Earlier this month in Ilion, New York, the top management and owners of a nursing home facility were criminally charged for their role in an alleged cover-up involving serious instances of alleged patient abuse. According to one local news source, the charges all stem from alleged errors that occurred back in May 2013.
The first incident involved a “serious medical error” that went unnoticed and untreated for several days. The second incident involved a resident who suffers from dementia engaging in unlawful sexual contact with another nursing home resident in the home’s cafeteria.
After the Attorney General’s office was notified of the alleged lapses in care, it initiated an investigation into the home. During the investigation, it is alleged that one of the part-owners of the company was eavesdropping on a conversation between investigators and a nursing home employee. It is also alleged that other management-level employees destroyed digital evidence in violation of the law.
Nursing Home Negligence and Abuse in Maryland
While the story discussed above took place in New York, the same principles prohibiting the abuse or neglect of nursing home residents apply here in Maryland as well. In fact, any time a nursing home employee engages in abuse or neglect of a resident, both the employee and the nursing home they work for may be held liable for any damages caused by the employee’s actions.
Criminal Cases Against Nursing Homes
Nursing homes across the country are routinely accused of abusing or neglecting residents. In the case described above, what is most shocking is the fact that the nursing home management is alleged to have intentionally destroyed evidence to keep it out of the hands of investigators. This kind of conduct could likely be admitted as evidence in a civil lawsuit brought by the victims of the nursing home to show the management’s consciousness of liability.
The argument goes as follows: why would management of a nursing home destroy evidence if they were truly innocent of the abuse or neglect in the first place? While this is not direct evidence of neglect or abuse, it does constitute circumstantial evidence that may be used by a judge or jury to establish liability on the part of the abusive or negligent nursing home.
Has Your Loved One Suffered in a Maryland Nursing Home?
If you have a loved one whom you believe has recently suffered at the hands of an abusive or negligent nursing home, you may be entitled to monetary compensation based on the negligent or abusive behavior. However, nursing homes are generally represented by skilled advocates who defend their every action. To ensure that you are treated fairly throughout the litigation process, enlist the assistance of a dedicated Maryland personal injury attorney. The nursing home attorneys at the Maryland law firm of Lebowitz & Mzhen, LLC have decades of experience representing clients in all kinds of personal injury matters, including those involving nursing home abuse and neglect. Call 410-654-3600 today to set up a free consultation.
See More Blog Posts:
Resident-on-Resident Sexual Abuse Goes Unreported; Nursing Home Fined, Maryland Nursing Home Lawyer Blog, published May 7, 2015.
Sexual Assault of Elders Occurs Most Often in Nursing Homes in Maryland, Nationwide, Maryland Nursing Home Lawyer Blog, published March 26, 2015.