The validity and enforceability of arbitration agreements have recently become very important issues in Maryland nursing home abuse and neglect cases. Typically, these agreements are contained in the pre-admission paperwork that a resident or their loved one is asked to sign before the resident is admitted. Needless to say, this…
One would like to think that aging service members are provided with the care and compassion they deserve as they begin to require more and more assistance with their daily routine. However, Veterans’ Administration (VA) nursing homes have been continually under scrutiny for the poor quality of care they provide…
Maryland nursing homes have a responsibility to provide a safe environment for residents. But how far does this responsibility go towards others? In a recent case, the plaintiff sued a nursing facility he was shot by a resident. He argued that the facility had a duty to warn others of…
Maryland nursing home plaintiffs often have to wrestle with the impact of nursing home arbitration agreements. Massachusetts’s Supreme Court will soon decide whether wrongful death plaintiffs in nursing home lawsuits can be forced into arbitration. Many nursing home residents sign arbitration agreements when admitted into a nursing home, which can…
Historically, Maryland nursing homes have been able to avoid costly lawsuits brought by residents or their family members by including arbitration clauses in the pre-admission paperwork that is presented to residents prior to their admission. By signing an arbitration clause, a nursing home resident gives up their right to a…
While many of the Maryland nursing home cases we handle involve egregious instances of physical and sexual abuse committed against residents, the harms that befall neglected nursing home residents are often just as serious. Maryland nursing home residents are placed in skilled nursing facilities because they are unable to take…
When a Maryland nursing home employee is subject to neglect or abuse, the local prosecuting authority has the discretion whether to pursue criminal charges against the accused. Typically, if criminal charges are filed, the victim of the abuse or neglect will wait until the resolution of the criminal case to…
Reports of neglect and abuse are common in nursing homes and skilled care facilities. However, the exact number of Maryland nursing home residents who are neglected or forced to endure physical or sexual abuse is difficult to determine. One reason for this is because many nursing home residents have a…
Nursing homes take on an enormous responsibility when they accept a resident into their care. Of course, a Maryland nursing home is required to provide residents with a safe living environment, keeping residents free from the potential abuse of staff members and other residents. However, there is also an affirmative…
Maryland nursing homes often include a clause in their pre-admission paperwork indicating that the parties agree to arbitrate any claims that may arise in the future rather than file a case through the traditional means. However, arbitration can be detrimental to nursing home residents, and residents should not assume that…