Nursing Home Abuse

Filing a Negligent Hiring Claim Following Instances of Maryland Nursing Home Abuse

April 20, 2021 | Lebowitz & Mzhen

In cases where a Maryland nursing home resident has been the victim of abuse or neglect, victims may be able to file a lawsuit against the facility for the negligent hiring of the abuser. The facility may be liable for negligently hiring a staff member or an independent contractor in some circumstances.

In a Maryland negligent hiring claim, a plaintiff must show that the defendant owed the plaintiff a duty, that the defendant breached that duty, that the defendant’s breach caused the harm suffered, and that the plaintiff suffered damages. More specifically, in a negligent hiring claim, to show causation, the plaintiff must establish that the employer’s failure to undertake a reasonable inquiry resulted in the hiring of the employee or contractor and that the defendant’s hiring was a proximate cause of the plaintiff’s injury. This means that the quality that makes the employee or contractor incompetent or unfit must be the cause of the plaintiff’s harm.

What Are a Nursing Home's Obligations to Provide Safe Staff Members?

In general, an employer has a duty to exercise reasonable care in selecting an employee or contractor that is competent and suitable for the work assigned to them. The defendant’s duty to do so is extended to people who one would reasonably expect to come into contact with the employee or contractor. For example, a nursing home might be liable for negligent hiring if the facility fails to do a background check that would have revealed that an applicant had criminal convictions for sexual abuse if the applicant then goes on to sexually abuse a resident. The same might be true for an applicant with a history of theft if the applicant would have un-monitored access to residents’ belongings. Unfortunately, circumstances such as these do occur. One case recently settled after a disabled resident was sexually abused by a staff member.

In Maryland Nursing Home Abuse and Neglect Cases, Criminal Charges do Very Little to Help a Family

March 4, 2021 | Lebowitz & Mzhen

Maryland nursing home abuse and neglect is a pervasive problem, affecting many residents and their families each year. In some cases, the abuse and neglect, once discovered, is so severe that law enforcement gets involved, potentially filing criminal charges against the bad actors. This is especially likely to happen when an individual living in a nursing home dies as a result of the abuse or neglect they experienced.

Take, for example, a case where a 69-year-old woman died at her assisted living facility. According to a local news article, the woman developed an ulcer on her right heel in 2017. Her case manager at the facility, a registered nurse, failed to properly assess the ulcer. As a result, a plan of care was never developed and the ulcer worsened into a wound. The woman had to undergo emergency surgery on her right foot, which had become septic and gangrenous. She eventually died, a tragic loss for her family and loved ones. Her case manager has since been charged with elder abuse by neglect and could face up to 10 years in prison if convicted.

While some may think a criminal charge is a sign of justice in the aftermath of these incidents, and that the wrongs caused will be righted, families who have experienced the loss of a loved one this way often note that the criminal charges do nothing to actually help them recover. That is why many consider filing a civil negligence lawsuit, even when criminal charges are pending, to help them recover for their losses and begin to move on.

After Discovering Maryland Nursing Home Abuse or Neglect: What To Do Next?

February 17, 2021 | Lebowitz & Mzhen

There are many reasons that Maryland nursing home abuse and neglect might go unnoticed for a significant period of time. Often, the victims themselves are vulnerable or even disabled, making it hard for them to report or explain what is happening to them. In some cases, they may not even be able to understand it themselves. Sometimes, their loved ones visiting might suspect that something is wrong, but with some nursing homes limiting and restricting visitation due to the COVID-19 pandemic loved ones may be unable to check-in, and abuse and neglect may continue to fly under the radar. Precisely because this abuse and neglect can fly under the radar for so long, it can be shocking and heartbreaking once family members do discover it. Family members of an abused nursing home resident may find themselves wondering—what do I do now?

For example, take a recent account of a nursing home where multiple residents were found neglected or otherwise harmed. According to a news article, one of the incidents happened in March of 2020. A resident in the home was found to have a bruised face, with a huge gash on her forehead and a lump “the size of a golf ball,” according to her daughter. Police were called to the home to investigate and were concerned about possible abuse happening in the facility. A subsequent investigation found that between 2019 and 2020 there were 272 calls to 911 from the home, with a range of concerning incidents. For example, firefighters once found an injured resident alone lying on the floor and asking for help. When they asked why no one was helping, the woman in charge laughed. In another instance, a patient’s ventilator was not working correctly. Firefighters who responded found that none of the electrical outlets were working in the room. These are just some of the concerning instances that can happen in Maryland nursing homes and sometimes go unnoticed by authorities or loved ones.

What Should Families Do if They Discover Their Loved One Is a Victim of Nursing Home Abuse?

When residents’ families discover this abuse or neglect, they often wonder what to do next to protect their loved ones, stop the harm, and hold the nursing home accountable. In the case of the nursing home above, police were called in to investigate. While calling the police can be an important step to take in these circumstances, it is important to remember that criminal charges, while they can hold the nursing home accountable for their harm, do little to actually help those most harmed by the facility’s actions. That’s why many families decide to also file a personal injury lawsuit. These lawsuits have the goal of helping those injured. While they cannot undo the damage that has been done, they can ensure that the victim and their family are given the financial compensation they deserve for their pain and suffering, their medical bills, and other related expenses.

Maryland Nursing Homes Residents’ Rights

December 11, 2020 | Lebowitz & Mzhen

Nursing home residents may feel as though they have lost the ability to make decisions for themselves and that they have no rights when they enter a facility. This may be particularly true during the COVID-19 pandemic, when many nursing homes have limited the movement of residents and while many facilities struggle to meet resident needs. However, all Maryland nursing home residents have rights and legal protections, even during a pandemic.

Maryland’s Office of Health Care Quality monitors the quality of care in the state’s health care facilities. Under Maryland law, suspected abuse of assisted living residents must be reported to the Office of Health Care Quality. Reports of abuse can be made at 877-402-8219. Maryland’s Department of Health Long Term Care Unit investigates complaints of abuse and assists with the prosecution of abusers.

Under the Code of Maryland Regulation 10.07.09.08, Maryland nursing home residents are afforded some of the following basic rights.

Maryland Nursing Home Abuse and Neglect May Go Unnoticed In Many Facilities

November 24, 2020 | Lebowitz & Mzhen

Abuse and neglect can, unfortunately, run rampant in Maryland nursing homes, putting residents in danger of serious injuries, illness, or even death. Oftentimes, incidents of abuse and neglect may go unnoticed or unreported, and residents or families of residents may have no idea of the extent of the problem. If, for example, 20 residents are all being abused or neglected in subtle ways not recognized by their families, family members may think their loved ones are in a safe facility and well taken care of when in reality they are not. Even if individual family members realize that their loved one is being harmed, they may assume that it is an isolated incident, or chalk it up to an accident. This is one of the key reasons that nursing home abuse and neglect in Maryland nursing homes can go on for so long and cause so much harm.

According to a recent news report, a group of about 15 people gathered outside a nursing home decided to speak out against the alleged abuse and neglect that their loved ones suffered during their time at the facility. The group believes that the situation is a crisis. For example, one woman’s father claims he was punched by a nursing home staff member. His family also found multiple bruises going up and down his body, which suggested that he was carelessly slung into a wheelchair. In addition, family members believe that residents are not being fed properly. One woman told reporters that her father lost almost 50 pounds, and that she believed “they are not feeding these people. They are starving them.” Another woman reports that her 76-year-old mother, who uses a wheelchair, has had three major falls in just seven months, including one where she broke her femur.

How Can You Detect Nursing Home Abuse?

As explained above, it can be difficult for families to uncover nursing home abuse and neglect. But when they uncover these tragic and alarming instances, state law allows them to hold the nursing home accountable through a Maryland personal injury lawsuit. These lawsuits can be incredibly valuable for victims of abuse and neglect and for their families. If successful, they can result in large monetary amounts awarded to the plaintiffs to cover the harm that was caused, including for medical expenses, pain and suffering, or even funeral and burial costs if the resident dies.

Learning to Identify Warning Signs of Maryland Nursing Home Abuse or Neglect

November 11, 2020 | Lebowitz & Mzhen

Many Maryland families will one day make the decision to place a loved one into a nursing home, if they have not already. As the population ages, nursing homes are becoming more and more necessary for individuals who can no longer care for themselves and need assistance in their daily activities. While many residents may have pleasant experiences in their nursing homes, the tragic fact is that nursing home abuse and neglect are still common occurrences in Maryland and nationwide. In fact, one survey of nursing home residents showed that up to 44% of them had been abused at some point, and almost 95% had witnessed someone else be neglected. Despite its prevalence, this abuse and neglect might sometimes fly under the radar, especially when the resident victims are ill, confused, and unable to report it themselves.

Thus, unfortunately, the onus may be on family members to identify abuse or neglect in nursing homes. In some situations, the signs will be subtle, or easily written off as something else. Still, family members should, when visiting their loved ones in Maryland nursing homes, pay close attention to some “red flags” that may indicate abuse or neglect.

What Are the Signs of Nursing Home Abuse and Neglect?

Some of the signs of abuse and neglect in a nursing home are situational—what are the living conditions like? Unsanitary conditions in the residence may be a sign of general neglect. Other signs have to do with resident behavior. Does the resident act oddly when staff members are around? Do they have sudden unusual behaviors, such as a fear of being touched or extreme irritability? Lastly, the physical condition of the resident can shed some light on the situation. Unexplained bruises, cuts, or other injuries should definitely raise concern, as should poor hygiene, sudden weight loss, falls, fractures, or infections.

Maryland Nursing Home Liability Following an Assault on a Resident

August 19, 2020 | Lebowitz & Mzhen

Over 1.5 million older adults reside in nursing homes in the United States. Unfortunately, many nursing home residents suffer serious injury or even fatal injuries because of the treatment they experience at these facilities. However, nursing home injury victims may hold the facility or its staff liable for negligence. Mayland nursing home abuse cases often raise many challenges and may involve various federal and state laws. As such, victims and their loved ones should contact an attorney to discuss their rights and remedies.

The Nursing Home Reform Act (NHRA) protects residents of nursing homes that receive certain federal funds. The majority of Maryland nursing homes fall into this category, and as such, the law applies to many facilities. The law provides the minimum standard of care that these nursing homes must comply with to maintain their residents’ physical, mental, and psychological health. Further, the NHRA, outlines parameters that the facilities must abide by to prevent nursing home abuse.

In addition to requiring that the facilities retain adequate staff, develop care plans, assist with daily activities, and provide skilled nursing services, the residents have the right to be free from “physical or mental abuse, corporal punishment, seclusion, and restraints for discipline or convenience.” Many nursing home abuse lawsuits arise after a resident falls, suffers malnutrition or dehydration, experiences a medication error, or is assaulted by a staff member or other resident.

Are Residents Permitted to Install Cameras In Maryland Nursing Homes?

December 21, 2019 | Lebowitz & Mzhen

Nursing home abuse, while unfortunately common, is often difficult to catch or prove. Often, the victims are seriously disabled and vulnerable, and they may be unable to tell someone about the incident or even remember the incident at all. If they do manage to tell someone, their credibility may be undermined by the nursing home itself, denying that the incident happened and blaming the victim’s disability for causing them to lie or imagine things. Because of this, more and more nursing home residents and their families are installing cameras in nursing homes to monitor interactions between staff and the resident and look for instances of abuse.

Sometimes, these cameras can be the sole reason why a negligent nursing home is held responsible for the abuse that occurs in their facility. For example, a recent Minnesota nursing home recently discovered a video of a caregiver physically and verbally abusing a severely disabled resident. According to a local news report covering the incident, the staff member taunted the resident with derogatory and humiliating language, calling them vulgar names and asking them “do you think you have a hole in your brain?” The video also shows the caregiver tapping the resident’s face “in a slapping-type motion.” Without the video, the incident may never have been uncovered; the resident is partially paralyzed and has lost the ability to understand or express speech, and it is highly unlikely that they ever would have reported it themselves.

Fortunately for Maryland residents, the state’s laws allow a resident, or their family with the resident’s permission, to place hidden video cameras in the resident’s room. These video cameras can increase transparency in nursing homes and make it easier to catch incidents of abuse when they happen. They can also make it easier to pursue a resulting personal injury claim against the nursing home. Many personal injury cases against nursing homes likely would not have been won without video evidence, since the nursing home generally denies that any abuse occurred, and it can be difficult without hard evidence for plaintiffs to prove otherwise. Maryland is one of only a handful of states that allow video camera installation in nursing homes, and the nursing home industry actively fights against similar laws in other states.

Government Website Warns Families of Potential Abuse or Neglect in Maryland Nursing Homes

November 12, 2019 | Lebowitz & Mzhen

When it comes time to place a loved one into a Maryland nursing home, families should be aware of the danger of abuse and neglect in nursing homes across the state. Choosing a nursing home is an incredibly important decision, and, unfortunately, failure to research homes carefully can result in placing a loved one in a substandard institution.

To make this process easier on families, Medicare.com offers information on every Medicaid and Medicare certified nursing home in Maryland. Maryland nursing homes must comply with state and federal regulations, and the Centers for Medicare and Medicaid Services make sure that facilities are following these standards. On their Nursing Home Compare website, families searching for a safe institution for their loved one can search for nursing homes by state, zip code, or city. For each certified nursing home, the website offers detailed information, including ratings ranging from zero to five stars on how the nursing home does on health inspections, taking care of their residents, staffing, and more. This information can be crucial in deciding between two local nursing homes, for example.

Importantly, this website will also notify you if there has been a recent incident of abuse or neglect in the nursing home where the resident was either injured or could have been injured. Unfortunately, nursing home abuse is far too common, and residents placed in substandard institutions are at risk of being neglected, abused verbally, physically, or sexually, or harmed from inferior safety protocols. When incidents such as these come to the attention of the Centers for Medicare and Medicaid Services, however, the nursing homes involved are “flagged”. For example, according to a recent report, five nursing homes in San Antonio, Texas were flagged earlier this month for several instances of abuse and neglect, alerting potential customers to these problems. While it is tragic that these instances occur, it is important that families considering placing their loved one in a nursing home research institutions carefully so they are aware of the potential problems.

Maryland Nursing Home Abuse Victims Often Disclose Abuse to Loved Ones First

October 28, 2019 | Lebowitz & Mzhen

When a family member places their loved one in a Maryland nursing home, they are doing so to protect and care for their family member. However, unfortunately, each year thousands of nursing home residents report abuse or neglect in their institutions. There may even be more incidents than we are aware of, because many victims are unable to report their injuries, or are not believed when they do report. Unfortunately, there has been an increase in the rate of Maryland nursing home abuse. This is due in part to the aging population and an increase in life expectancy across the country.

Nursing home abuse can cause severe physical and psychological injury to the victims and their families. For instance, an 86-year-old woman was recently severely injured while staying in a nursing home. According to a local news report covering the incident, it is unknown exactly what happened to the resident, who suffered severe injuries to her face, including a broken nose, double fractures in her face, and stitches. Her son claims that his mother was assaulted, although the nursing home insists that she fell and there was no abuse.

Tragically, this is not the first time that the victim was injured from alleged nursing home abuse. Reportedly, she has told her son multiple times that her aides in the nursing home have been rough with her and hit her, causing noticeable bruising. Her son is heartbroken, having had to place his mother in the facility after she broke her hip and become totally disabled. An investigation is in progress.