The Standard of Care in Nursing Home Cases in Maryland

Nursing homes are required to provide residents with a safe environment, free from abuse and neglect. However, whether a nursing facility violated the “standard of care” is often disputed in Maryland nursing home negligence cases.

Nursing Home HallwayDetermining the standard of care is important in a nursing home case, particularly in cases alleging that a nursing home was negligent in caring for a resident. To show that a nursing facility was negligent, a plaintiff has to demonstrate that the defendant had a duty to protect the plaintiff, the defendant breached its duty, the plaintiff suffered an injury or loss, and the injury or loss was caused by the defendant’s breach. In order to demonstrate that a nursing home breached its duty, the plaintiff has to show that the home’s conduct failed to meet the applicable standard of care under the circumstances.

The standard of care may be set forth in a statute or regulation, which can serve as the standard by which the court can measure the nursing home’s conduct. For example, a nursing home’s violation of a law or regulation may allow a court to presume a nursing home was negligent. Some courts have also found that the federal Nursing Home Reform Law provides the standard of care for nursing homes. In many cases, an expert is required to explain how the facility’s conduct failed to meet the standard of care.

Nursing Home Settles Claim After Alleged Abuse and Neglect Leads to Resident’s Death

A Chicago nursing home is facing a lawsuit alleging that a woman died due to the nursing home’s abuse and neglect. According to a local news source, the plaintiff’s 36-year-old daughter was living at the nursing home because she had severe mental health issues, including dementia and the inability to speak or to use her arms or legs. The mother alleges that despite these issues, her daughter was left in her own feces repeatedly, in addition to other instances of abuse, resulting in bed sores and wounds. The mother claimed that there were bugs in her daughter’s bed, that she was not fed regularly, and that her daughter had a wound “all the way to the bone.”

The nursing home did not respond to requests for comment. However, the home settled the case recently for almost $900,000. The woman’s doctor admitted that the woman had a sexually transmitted disease before her death, for which he treated her but which he did not report to the police. The mother said that her daughter could not speak and could not have consented to sex. The resident’s doctor also admitted that he never reported the woman’s suspected physical abuse. The nursing home is facing almost 90 pending lawsuits.

Has Your Family Member Suffered from Abuse or Neglect at a Maryland Nursing Home?

If you suspect a family member or loved one has been a victim of abuse or neglect at a Maryland nursing home, contact a nursing home attorney as soon as possible. Nursing home residents are entitled to proper care, and a nursing home attorney can help you determine whether you should pursue a lawsuit against the facility. At Lebowitz & Mzhen, LLC, we have decades of experience representing victims of nursing home abuse or neglect 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.

Sexual Assault Among Maryland Nursing Home Residents, Maryland Nursing Home Lawyer Blog, published January 5, 2018.

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