Nursing Home Abuse

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.

Social Media Posts May Be Key Evidence in Maryland Nursing Home Abuse and Neglect Cases

August 22, 2019 | Lebowitz & Mzhen

Maryland nursing home abuse takes a significant physical and psychological toll on the victims and their families. Recently, a national news outlet reported on a disturbing nursing home abuse case. Evidently, nursing home aides were accused of abusing a resident, recording the incident, and posting it on SnapChat. Maryland nursing home residents may face these situations, and families must be aware of this type of abuse.

Historically, people thought nursing home abuse to be mostly physical in nature. However, verbal abuse and public shaming through social media is a very real form of abuse in today’s society. Some common signs that a loved one is suffering from abuse or neglect are weight loss, changes in temperament, and unexplained injuries. However, sadly, many elderly victims suffer from severe memory loss or dementia and may not be able to recall the abuse. If a family suspects abuse and emergency medical treatment is needed, the family should contact police officials.

Additionally, the family should gather information to substantiate their claim of abuse or neglect. Loved ones should take photos, speak with other residents, and save anything that may contain evidence. Evidence gathering includes taking screenshots of any internet posts and keeping videos posted on social media platforms. Loved ones must be removed from an unsafe living arrangement. Finally, families should contact a Maryland nursing home abuse attorney to discuss their rights and remedies.

Why Maryland Nursing Home Residents Should Avoid Arbitration Whenever Possible

July 12, 2019 | Lebowitz & Mzhen

Arbitration clauses are very popular in the nursing home industry. Arbitration is a way to resolve a legal dispute without using the court system. Generally, arbitration is quicker and less expensive than a traditional lawsuit. At first glance, this may seem like a good alternative for many Maryland nursing home residents who want to bring a case against a negligent or abusive nursing home employee. However, arbitration typically favors the nursing home and should be avoided whenever possible.

Often, the paperwork presented to a prospective resident or the loved one in charge of their care contains an arbitration clause. These clauses essentially waive a resident’s right to pursue a case against the nursing home in court for any claim brought against the nursing home. However, nursing home residents are not provided anything waiving this right, and should carefully consider whether it is a right they want to waive.

Arbitration involves an independent arbitrator who hears the claim and renders a decision. The arbitrator that will hear the case is determined by the nursing home, and is typically included in the arbitration clause. Arbitration hearings often have strict time frames and relaxed rules of evidence, allowing savvy nursing homes who are familiar with the process and its rules to effectively defend against cases brought by residents. In a way, this gives nursing homes the “home-field advantage.”

How Common is Maryland Nursing Home Abuse?

June 19, 2019 | Lebowitz & Mzhen

Nursing homes have long had a reputation for providing less-than-stellar care to residents. Indeed, every day there are new allegations of Maryland nursing home abuse or neglect. However, according to a recent government study, the total number of instances of nursing home abuse and neglect is actually under-reported.

CNN recently discussed a newly released report issued by the Department of Health and Human Services, concluding that one in five emergency room visits by nursing home patients is the result of abuse. The study analyzed over 37,000 emergency room admissions that were reported to the Center for Medicare and Medicaid (CMS). Also startling is the fact that “nursing homes frequently failed to report incidents of abuse to either CMS or local law enforcement, as required by federal regulators.”

The Office of the Inspector General for the Department of Health and Human Services told reporters that he fears instances of nursing home abuse are under-reported and that CMS can do a better job preventing abuse and neglect by using available data to target facilities with recurring reports of misconduct.

Charitable Immunity in Maryland Nursing Home Abuse and Neglect Cases

April 17, 2019 | Lebowitz & Mzhen

While most Maryland nursing homes and skilled care facilities are for-profit businesses, some Maryland nursing homes operate as non-profit organizations. The question occasionally arises whether a nursing home’s status as a non-profit organization can affect a resident’s ability to recover for any injuries that were due to the neglect of the facility’s staff members. The answer, as is often the case in legal questions, is “it depends.”

Maryland law offers immunity to both volunteers as well as to charitable organizations. Depending on the specific circumstances of a case, either or both of these immunities may apply. Maryland law defines a charitable organization as one that is tax-exempt under § 501(c)(3) of the Internal Revenue Code.

Under the Maryland Volunteer Service Act, those who volunteer at charitable organizations cannot be held liable for amounts in excess of any personal insurance they carry for any injuries caused by the acts or omissions of “an officer, director, employee, trustee, or another volunteer.” When a volunteer’s actions result in injury to another, the volunteer will be afforded the same protection unless their actions constitute “gross negligence, reckless, willful, or wanton misconduct, or intentionally tortious conduct.” Importantly, the Volunteer Service Act does not grant complete immunity to qualifying volunteers and allows for a Maryland nursing home resident to pursue a claim for compensation. However, the resident will only be able to recover up to the limits of the individual’s insurance coverage.

Many Maryland Nursing Home Residents Have Difficulty Reporting Abuse

February 21, 2019 | Lebowitz & Mzhen

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 very difficult time successfully reporting abuse or neglect.

There are several reasons why a nursing home resident may have a difficult time successfully reporting abuse or neglect. For example, some residents may be ashamed of what they have experienced or fear that their reports or abuse or neglect will be met with skepticism from loved ones. However, the more common reason for a resident’s failure to report nursing home abuse or neglect is their inability to do so.

Those who are inclined to prey upon the aged or disabled often select the most vulnerable individuals of this population as victims. Predators do this knowing that their victims will likely be unable to report what has been done to them and, even if it is reported, the reports may not be taken seriously.

Low Pay May Be a Contributing Factor to the High Rate of Maryland Nursing Home Abuse and Neglect

January 8, 2019 | Lebowitz & Mzhen

Over the past several years, there has been a significant increase in the number of reported instances of Maryland nursing home abuse and neglect. In part, this is due to increased awareness of the problem, as social media has allowed for news of these disturbing events to disseminate more easily. However, experts still believe that the majority of nursing home abuse and neglect goes unreported.

Experts believe that there are several causes of nursing home abuse and neglect. Not surprisingly, most of the causes relate to the environment created by nursing home management rather than specific issues with individual nurses or employees. However, some nurses are better suited for the job. Often, this is due to the level of training or experience the nurse has obtained.

Studies have shown that low staffing levels are correlated with increased instances of abuse and neglect. Thus, it is generally agreed that the more stressful the work environment, the more likely employees are to “snap.” According to a recent article, Maryland and Virginia nurses are offered some of the lowest rates to provide in-home care to residents. Apparently, in-home nurses in Virginia and Maryland make only $20 to $35 per hour. This is about 30% lower than nearby states. As a result, qualified nurses are leaving Maryland and Virginia to pursue employment in states where they can earn a better living. Thus, residents are having a difficult time securing in-home nurses, especially during off-peak hours and on weekends.

Allegations of Abuse in Maryland Nursing Homes

September 7, 2018 | Lebowitz & Mzhen

For family members who diligently researched the available options and carefully helped place a loved one in a Maryland nursing home, it is incredibly upsetting to hear a loved one disclose that they are being neglected or abused by nursing home staff members. However, this is exactly what many family members experience when their loved ones report back to them about their life in the nursing home.

It is estimated that approximately 500,000 elderly nursing home residents are the victim of abuse and serious neglect each year. However, it is also understood that this figure likely is much lower than it should be due to rampant underreporting by residents. In addition, when residents decide to reach out to nursing home management to disclose abuse, the allegations are too often swept under the rug. In many cases, it is only when family members get involved that allegations of abuse get taken seriously.

Once a nursing home resident discloses abuse, a Maryland nursing home abuse lawsuit can be filed against the responsible parties. If successful, the resident will be able to obtain compensation for their injuries. Importantly, this includes compensation for emotional injuries, as well as physical injuries.

Study Reveals Dangers of Unlicensed Care Facilities

August 31, 2018 | Lebowitz & Mzhen

Nursing home residents in Maryland and throughout the country have the right to live in a safe environment, free from abuse and neglect. Claims against nursing homes can range from physical mistreatment and sexual abuse, to neglect, financial exploitation, and psychological abuse. Cases of Maryland nursing home abuse or neglect may not be obvious, as a resident may have difficulty communicating and may not even be aware of the neglect or abuse.

It is important for families to remain vigilant to identify cases of abuse and neglect, by looking out for warning signs, including poor hygiene and unexplained injuries. Although licensed care facilities are required to follow certain laws and regulations under federal and state law, some individuals are being under-cared for in unregulated, unlicensed homes, increasing the risk of abuse and neglect to those individuals, as one study recently found.

Abusive Unlicensed Care Homes Pose Serious Risks

A year-long study raised concerns about serious risks at unlicensed care homes in the United States, finding that “egregious crimes” are being committed against residents, according to one news source. RTI International, an independent, non-profit research firm, conducted the study for the Office of Disability, Aging, and Long-Term Care Policy and the Office of the Assistant Secretary for Planning and Evaluation of the U.S. Department of Health and Human Services.

Video Cameras Can Help Document Maryland Nursing Home Abuse and Neglect

May 28, 2018 | Lebowitz & Mzhen

Nursing homes have long been fairly scrutinized for the level of care that they provide to residents. Indeed, it is difficult to go more than a day or two without reading a headline discussing a family’s claims that a nursing home employee has abused their family member.

With the advent of affordable and low-profile video-recording technology, more families are considering placing a camera in their loved one’s room in hopes of being able to see how their loved one is being treated. In Maryland nursing homes, families can place cameras in a loved one’s room as long as both the resident as well as the nursing home are made aware and consent to the placement of the camera.

Under Vera’s Law, families can install a camera under certain circumstances. A few of the requirements are: