There are a number of potential causes of action that plaintiffs may be able to bring in Maryland nursing home cases. Some potential causes of action include negligence, battery, wrongful death, infliction of emotional distress, false imprisonment, and violation of consumer protection laws.
One of the most common causes of action is negligence. It can be brought against a long-term care facility if the facility is negligent in caring for the resident or if the home is negligent in training or supervising its staff. To establish a negligence cause of action, a plaintiff must show that the defendant had a duty to protect the plaintiff from injury, the defendant breached that duty, the plaintiff suffered an actual injury or loss, and the injury or loss proximately resulted from the defendant’s breach of duty.
Another potential cause of action is the infliction of emotional distress. Although it is a high bar, to prove a claim of intentional infliction of emotional distress, the conduct must be intentional or reckless, as well as extreme and outrageous. Additionally, the plaintiff must have suffered severe emotional distress, and there has to be a causal connection between the conduct and the emotional distress. Furthermore, in addition to these claims, facilities may be liable for failing to have adequate policies in place to prevent abuse or for failing to report allegations of abuse.
State Issues Emergency Suspension Against Nursing Home After Investigation Reveals Abuse and Neglect
According to a recent news report, Florida recently issued an emergency suspension order against a retirement home after it found a number of life-threatening issues that were not being addressed. The state found that there were unsafe and deficient practices, and the facility had repeatedly overlooked regulatory mechanisms enacted for the residents’ protection.
The state’s health care administration conducted an investigation and found the emergency suspension was necessary in order to protect the home’s residents. An inspection earlier this month found many violations of state requirements for care at assisted living facilities. For example, the state found one resident had refused to take prescribed medication and refused to eat for several days, but that information was not given to the residents’ health care provider. Similar incidents occurred with other residents as well.
The state also found that staff gave medicine to residents that did not always meet the prescription protocols provided by doctors, and staff did not always record residents’ blood pressure readings. Two administrators at the home were recently arrested and charged with elderly neglect in separate incidents. The state also cited a recent incident in which a resident fell, hit her head, and died. In another incident, a video showed one resident assaulting another resident while no staff members were present in a secure unit, and they were shown punching or hitting the other resident about 56 times.
The executive director of an assisted living group said that the suspension was “long overdue” because there had been almost a decade’s worth of infractions, deficiencies, sanctions, deaths, and incidents of abuse and neglect. The state said that it would work with other agencies to safely relocate the home’s residents.
Contact a Nursing Home Abuse Attorney
If you have a loved one whom you suspect may have suffered from abuse or neglect at a Maryland nursing home or another facility, you may be able to bring a claim against the nursing home for one or more causes of action. Residents are entitled to proper care, and an experienced nursing home attorney can help you evaluate your potential claim against a facility. The attorneys at Lebowitz & Mzhen, LLC have decades of experience representing victims throughout Maryland, Virginia, and Washington, D.C. For a free consultation, contact us at 800-654-1949 or 410-654-3600 or by filling out our online form.
More Blog Posts:
Elder Abuse in Maryland Nursing Homes, Maryland Nursing Home Lawyer Blog, published December 21, 2017.
Nursing Home Settles Federal Lawsuit Stemming from the Inadequate Care Provided to Residents, Maryland Nursing Home Lawyer Blog, published December 7, 2017.