Nursing Home Cover-Ups

New Report “They Make You Pay” Details Fears of Retaliation by Nursing Home Residents

October 30, 2023 | Lebowitz & Mzhen

Why Does Nursing Home Abuse Go Largely Unreported?

There is an inherent power balance between residents and staff in nursing homes. Staff members are in charge of feeding, treating, and caring for residents, often making residents fully or largely reliant on staff members. That imbalance can result in a hesitation to report or take action when abuses are occurring. Additionally, many residents may have trouble directly or clearly communicating their experiences. As a result, it often falls to visitors and loved ones to advocate for them when things go wrong. It is extremely important to take a resident seriously if they disclose or report instances of nursing home neglect or abuse.

A new report by the Long Term Care Community Coalition, titled “They Make You Pay,” the coalition details the pervasive impact the fear of retaliation has on the entire nursing home resident community. The report detailed instances of residents being denied medicine, food, and even physical abuse such as beatings. The title of the project was inspired by a survey report that detailed how the residents of a nursing home in Florida chose not to report or file grievances related to poor care by staff due to fears of retaliation. During an interview with a surveyor for the report, a resident said she did not file a grievance regarding her poor treatment “because they get back at you . . . They are watching even now to see which rooms you go to and listen to what you ask.” The resident then asked the surveyor to leave and return at a later time because staff members were lingering at her door.

Elder Abuse in Nursing Homes and Violations of State Standards

October 27, 2022 | Lebowitz & Mzhen

State standards and federal regulations are set to help protect and keep nursing home patients safe, to keep the families and loved ones of the patients informed, and to help prospective patients look for a place to call home to make informed decisions. Allegations of abuse or neglect must be reported to the facility administrator, and nursing home facilities must notify the proper individuals within a designated time frame.

In a recent news report, a video captured the moment where two employees of a Texas city nursing home dragged an 87-year-old-man across the floor. The employees can be seen hitting and kicking the elderly man, and tossing him onto the bed. According to his family, facility staff told them that the man fell and had to go to the hospital as a result. The family decided to install a camera after the 87-year-old complained of staff members mistreating him. The patient is currently in the hospital suffering from bruised eyes and wearing a neck brace. The Texas Health and Human Services Commission records revealed that inspectors found 11 violations of state standards at the nursing home during the most recent check-in in July 2021. The nursing home was fined $19,800.

Are Most Nursing Homes Transparent About What’s Going On Inside the Facility?

Transparency in nursing home reports is extremely important because it allows patients and their loved ones, and prospective patients to have more knowledge regarding a facility’s history of care, including any violations of state standards set to protect patients. In February 2022, the White House released a fact sheet detailing information regarding protecting seniors by improving safety and quality of care in our nation’s nursing homes.

Is the Federal Government Allowing Maryland Nursing Homes to Cover Up Abuse and Neglect?

December 16, 2021 | Lebowitz & Mzhen

Nursing homes are a necessity of life for many families. Whether an older person doesn’t have any family members who can care for them, their family are too busy, don’t possess the requisite skills, or don’t have the room; hundreds of thousands of people are admitted to nursing homes each year. While most nursing homes hire caring, diligent staff members to care for residents, that is unfortunately not always the case.

When a family sets out to select a nursing home, there is only so much they can do in terms of due diligence. So much of what goes on in a nursing home is behind closed doors. Perhaps it’s not surprising that many nursing homes take affirmative efforts to hide instances of abuse and neglect. However, what’s more concerning is a recent report from the New York Times indicating that the federal government knew about instances of physical and sexual abuse and failed to inform the public.

Do nursing homes have a legal obligation to report abuse and neglect?

Yes, generally, nursing homes are under a legal duty to report abuse and neglect. For example, if one resident physically assaults another requiring the victim to be hospitalized, the nursing home must file a report with the state. One would assume that once a nursing home let federal authorities know of an incident, the government would then make that information public. Indeed, this is exactly the type of information families need when deciding on a nursing home.

Maryland Nursing Home Reporting Requirements

July 16, 2021 | Lebowitz & Mzhen

Nursing home residents in Maryland deserve to live in a safe and sanitary environment free from abuse and mistreatment. If abuse or certain other incidents occur at a Maryland nursing home, the nursing home is required to report the incident to the state. Facilities that receive federal funding must abide by federal regulations, and under federal regulations, a facility is required to report all allegations of mistreatment, neglect, or abuse, including injuries of unknown sources, and misappropriations of resident property. Incidents must be reported to the state within 24 hours. Maryland nursing homes are required to investigate all allegations of abuse and reports from investigations must be reported to Maryland’s Office of Health Care Qualify within five working days of the alleged violation.

Do Maryland Nursing Homes Have a Duty to Stop Abusive Staff Members?

Yes, Maryland nursing homes are required to have policies and procedures in place to keep residents safe and free from abuse. Abuse can include physical and mental abuse, exploitation, or neglect. This includes abuse conducted by staff members as well as other residents. Facilities that fail to report abuse are subject to fines and other sanctions. Victims of abuse may be able to receive financial compensation through a Maryland nursing home claim.

Nursing Home Faulted for Failing to Report Suicide Attempt

Recently, a nursing home was cited after it failed to report a suicide attempt as required. According to one news source, the facility reportedly failed to report a suicide attempt in which the resident had attempted to wrap sheets and cords around their neck. No internal investigation was conducted and the facility failed to report the incident to the health department as required. The recent inspection also revealed that a staff member borrowed $200 from a resident, which was also a violation. The staff member was supposed to repay the money in monthly installments and when the staff failed to make a payment, the resident complained to the facility. Yet, the facility failed to report the misappropriation of the resident’s money. The facility was also faulted for failing to report physical abuse among residents and failing to provide enough supervision and assistance to prevent accidents among residents. The facility was placed on a government list of the nation’s worst nursing homes earlier this year which included 86 nursing homes across the U.S.

Maryland Nursing Homes Residents May Be at Increased Risk for Neglect Due to Pandemic

March 26, 2021 | Lebowitz & Mzhen

As Maryland nursing homes and nursing homes across the country shut their doors to the public during the COVID-19 pandemic, many people worried how it would affect the residents’ care. Without visits, families may not be able to observe their loved ones up close and speak to them in private. In addition, Maryland nursing homes have struggled with staff shortages during the pandemic, and the Centers for Medicare & Medicaid Services (CMS) also suspended certain investigations during the pandemic.

During the pandemic, there have been reports of an increase in reports of neglect in nursing homes. Some families claim that the pandemic has put their loved ones at risk because they cannot monitor their loved one’s care and well being. It can be difficult to detect neglect in some cases, especially without the ability to visit a resident in person. Many residents have underlying health issues and may not understand or express that they are being neglected. Families can still look for signs of neglect such as poor personal hygiene, lack of mobility, unexplained injuries, changes in appearance, and psychological distress. If a resident has been the victim of abuse or neglect, the resident or the resident’s family may be able to file a claim against the nursing home for negligence. After a resident’s death, a family can also file a claim for wrongful death.

Virginia Nursing Home Investigated for Neglect After Police Reports Filed

Wrongful Death Claims Following a Maryland Nursing Home Death

August 5, 2020 | Lebowitz & Mzhen

In the event of the death of a resident at a Maryland nursing home, the resident’s family may be able to recover compensation through a Maryland wrongful death lawsuit. However, determining fault in a nursing home abuse or neglect case is not always straightforward, and the assistance of a skilled personal injury lawyer can be an invaluable asset to families who are unfamiliar with the process.

Maryland’s Wrongful Death Act allows family members to file a civil claim against parties at fault for the decedent’s untimely death. A wrongful death claim is intended to compensate family members that have suffered a loss due to the loss of the decedent. It also permits the decedent’s family to hold wrongful actors responsible in the same way that the decedent could have if the decedent had lived.

A wrongful death claim is often filed by a spouse, parent, or child of the decedent. Such plaintiffs are considered “primary” plaintiffs under the Act. Only a primary plaintiff can file a wrongful death claim, if one exists. If the decedent does not have a living spouse, parent, or child, the claim can be filed by a “secondary” plaintiff. A secondary plaintiff is another individual who was related to the decedent by blood or by marriage and who was substantially dependent upon the decedent.

Maryland Nursing Homes Residents Suffering from COVID-19 at Alarming Rates

May 19, 2020 | Lebowitz & Mzhen

Maryland’s confirmed COVID-19 cases among residents in Maryland nursing homes and assisted-living facilities have continued to rise over the past weeks. As of May 16, 2020, there are now 5,329 confirmed resident cases and 984 confirmed resident deaths in the state. As cases grow, stories of neglect and substandard care in facilities have also continued.

In one nursing home in northern New Jersey, at least 53 residents have died from COVID-19. According to one news source, the nursing home, Andover Subacute and Rehabilitation Center II, had one of the largest outbreaks in the state, one of the hardest hit in the nation. Federal and state inspectors began investigating the 543-bed facility after police found 17 bodies piled in a morgue after receiving an anonymous tip that a corpse was stored in a shed. A federal inspection report was released detailing the state of the nursing home, which shows how the pandemic has overtaken nursing homes across the United States. The report’s findings include that one patient was found dead in bed after suffering from a high fever for days—after staff failed to notify a doctor of the patient’s fever. In addition, sick residents who were tested for coronavirus and waiting for the results were not quarantined away from healthy residents. Also, thermometers that employees used to take their temperatures at the beginning of each shift did not work. The report found that the nursing home put its residents in “immediate jeopardy” and the facility was fined $220,000.

The National Guard was called after the facility failed to adequately staff and protect staff and residents. The National Guard members were called in to clean and disinfect the facility. Residents had complained that clothing and bed sheets had not been washed. The facility is temporarily barred from accepting new patients and the facility will continue to accrue penalties until it addresses the issues in the report.

Maryland Orders Officials to Provide Detailed Info on COVID-19 Nursing Home Cases

May 5, 2020 | Lebowitz & Mzhen

According to a recent news report, Maryland Governor Larry Hogan has directed state officials to provide detailed information on COVID-19 cases in Maryland nursing homes and assisted-living facilities and is adding two additional drive-thru COVID-19 testing sites in the state. As of May 2, there are over 24,000 confirmed cases in the state of Maryland, and 1,156 COVID-19 deaths. Maryland currently has the 12^th highest rate of COVID-19 cases per capita and the 10^th highest death rate per capita in the country. The highest number of cases are in Prince George’s County (7,041), followed by Montgomery County (4,919).

The state maintains a coronavirus resource webpage and has recently begun to publish data on COVID-19 cases in nursing homes and other assisted-living facilities in individual facilities in each county in Maryland. In nursing homes, assisted living homes, and group homes in the state there are now 3,218 confirmed resident cases, 525 resident deaths, 1,489 staff cases, and 8 staff deaths. Right now, Montgomery County has the highest number of total COVID-19 cases in nursing homes, assisted living homes, and group homes. In Montgomery County, there have been 717 confirmed resident cases, 382 confirmed staff cases, 148 resident deaths, and 1 confirmed staff death.

Examples of case information for certain facilities are as follows:

Manor Care Silver Spring: 58 resident cases, 17 staff cases, and 16 resident deaths
Regency Care of Silver Spring: 50 resident cases, 30 staff cases, and 10 resident deaths
Rockville Nursing Home: 36 resident cases, 15 staff cases, and 13 resident deaths
Wilson Health Care Center at Asbury Methodist Village: 47 resident cases, 16 staff cases, and 12 resident deaths
Brighton Gardens of Tuckerman Lane: 24 resident cases, 16 staff cases, and 8 resident deaths
Montgomery Village Health Care Center had 32 resident cases, 11 staff cases, and 8 resident deaths

In addition to five drive-thru testing sites in Bel Air, Columbia, Glen Burnie, Waldorf, and White Oak, the state is adding two additional sites in Owings Mills and Prince Frederick. However, tests are offered only to people who have symptoms and are at high risk for complications from COVID-19—and only for those with an appointment and with an order from a health care provider.
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Maryland Nursing Homes Fail to Disclose COVID-19 Outbreaks

April 27, 2020 | Lebowitz & Mzhen

Despite the concerning rate of COVID-19 (coronavirus) deaths, a recent news report indicates that officials are refusing to provide the public with a comprehensive and accurate list of Maryland nursing homes and long-term facilities where outbreaks have been confirmed. Many nursing home administrators, staff, and residents at these facilities remain in the dark about the presence of the infection at their facilities. Maryland Department of Health officials advised investigators and reporters that public disclosure was up to the local health department. However, many local health departments declined to release the names of affected facilities, reasoning that they need authorization from the state to share the information. This lack of transparency has added to the public’s fear and confusion about how to protect themselves and their loved ones. Maryland nursing homes that fail to engage in appropriate disease prevention practices and do not provide the public with crucial health and safety information may be liable for the spread of disease at their facilities.

Maryland nursing homes and long-term care facilities must limit the spread of disease and infection by taking precautions and acting quickly when an outbreak emerges. It is especially important because nursing home populations are at the highest risk of being affected by COVID-19. The Centers for Disease Control and Prevention (CDC) provides these facilities with guidance on how to keep COVID-19 from entering their facilities, identifying infections, preventing the spread of COVID-19, accessing personal protective equipment, and managing severe illnesses.

The guidelines make it clear that one of the most critical components of disease control is providing residents and staff with information about the disease. Staff and residents should receive education and training about signs, symptoms, and potential outbreaks. Further, residents and families should have information about what the facility is doing to protect their loved ones. Some common ways to limit the spread of disease are restricting visitors, reinforcing adherence to infection prevention, and implementing non-punitive, flexible sick policies for staff. These Maryland facilities must act swiftly to implement all of these recommendations before cases are identified at their locations. Maryland nursing homes that fail to engage in these safe practices and refuse to provide this crucial information may leave their residents and staff vulnerable to exposure and severe illness.

Proving Abuse or Neglect in Maryland Nursing Home Cases

September 7, 2017 | Lebowitz & Mzhen

Maryland nursing home plaintiffs must prove that the nursing home staff or management was somehow negligent or involved in some type of wrongdoing before they are able to recover compensation for their loved one’s injuries through a Maryland nursing home case. However, this can be difficult in some cases. For example, residents often have mental incapacities that prevent or restrict them from reporting or testifying about abuse, and it can be hard to uncover evidence corroborating the abuse. That being said, there are a number of ways in which abuse can be corroborated.

For example, a facility may have resident records that make reference to an incident. In fact, federal law requires that nursing facilities maintain clinical records for all residents, and the records must be kept for at least five years. A facility’s failure to keep records may be used against the facility in court. Another potential source of information is other nursing home records apart from the resident’s records, such as employee schedules or training manuals that show whether a facility had adequate staff, training, and procedures in place at the time of the incident.

A resident’s statements about the incidents to others may also be admissible in some situations. Other residents or guests may have observed incidents or other issues within the facility. Expert witnesses can also testify about the facility’s training and procedures or a resident’s injuries, for example. Sometimes, there is video inside the facility or photographs that were taken after the incident.