Articles Posted in Nursing Home Negligence

Choosing the right nursing home to send our loved ones is often a stressful and research-intensive process. After all, we want our most vulnerable family members and loved ones to be cared for properly with the attention, quality of care, and comfort they need and deserve. When nursing home facilities and staff fail to provide these basic necessities of care, however, they must be held accountable for their actions.

According to a news report, first responders arrived at a local nursing home after a resident had called 911 for the second time that day. Among the 98 residents of the facility, many of them had been left to sit in their own waste with limited water, medication, and food for hours. When firefighter crews arrived on the scene, they paired off with EMS crew members and went from room to room to check on residents, monitor their vital signs, and administer medication. For the firefighters, it was the first time they had been asked to respond and care for nearly 100 people at once. The incident remains under investigation.

Shockingly, according to the National Center on Elder Abuse, approximately 95 percent of nursing home residents have been neglected or have witnessed some form of neglect. Unfortunately, Maryland is no stranger to similar incidents of neglect in nursing homes.

Nursing home neglect has been in the headlines a lot recently, as nursing homes across the country struggle to keep a full staff. The COVID-19 pandemic, as well as several other industry-wide challenges, has resulted in many nursing homes losing large numbers of employees, as well as a corresponding difficulty in finding available workers.

Nursing home neglect occurs when nursing home employees fail to provide the level of care a resident needs. When family members decide on a nursing home, one of the primary factors they use is the institution’s safety record. Unfortunately, nursing home neglect is often swept under the rug by nursing home management, which means it is not reflected in their ratings. However, some instances of neglect are impossible to hide.

For example, the owner of a South Carolina nursing home was recently arrested and charged with neglect, exploitation and breach of trust of the residents in his care. More specifically, the charges included 10 counts of neglect of a vulnerable adult, two counts of exploitation of a vulnerable adult and one count of breach of trust with fraudulent intent.

The COVID-19 pandemic has shed light on many growing concerns surrounding the care and treatment many residents experience at Maryland nursing homes. At the same time, many nursing homes continue to lobby for additional protections from suits, litigation against these facilities increases. The public perception of nursing homes tends to be poor, mainly stemming from highly publicized cases of abuse and the surge of coronavirus infection amongst many residents and staff.

Many Maryland nursing home cases involve allegations of neglect, physical abuse, restraints, ulcers, and falls. However, regardless of the cause of the incident, these cases are harrowing and can result in serious injuries and fatalities. While nursing homes and assisted living facilities often divert blame onto a “bad seed” employee, the fact remains that these agencies maintain the duty to ensure the health and safety of their residents and patients. Further, nursing homes may be held liable for their actions in concealing their staff’s negligence or wrongful acts.

For instance, a state report recently found that a nursing home hid allegations of abuse and neglect for its residents. According to the report, an administrator admitted to an investigator that they were told not to report abuse allegations to the inspections department. In addition, the report also revealed that a dietary manager and an aide worked for 30 days straight. Another night cook abruptly left the facility after working for 28 days without assistance. The cook’s departure resulted in a maintenance worker taking over the kitchen; however that worker did not know how to run the dishwasher. The disruptions in meal services resulted in nurses holding insulin for patients waiting for meals.

Nursing home abuse and neglect have become endemic in our society today. Cost-cutting measures, staffing issues, and a profit-motive-driven industry all contribute to tragic instances of elder abuse and neglect in American nursing homes. A news report has recently been published that discusses one family’s struggles with the death of their loved one at a nursing home. According to the man’s niece, his condition quickly deteriorated after moving into the facility, and he was dead within two weeks. According to the man’s family, elder abuse and neglect are to blame, and the facility needs to be held accountable for their negligence.

The facts discussed in the local news report note that the 74-year-old man was found unresponsive in his room at the nursing home and first responders were eventually called. The man’s niece reported that she was told by the first responders that her uncle appeared to be suffering from neglect at the hands of the nursing home operators. The niece told reporters that her uncle was dirty, his catheter had not been changed, he was emaciated and had bed sores on his back. Additionally, the niece was told that the man had been unresponsive for several hours before 911 was called. Based on these observations and reports, his niece alleges that her uncle died as a result of elder abuse and neglect, and is demanding an investigation.

Administrative investigations can be an effective way of addressing claims of elder abuse and neglect. State, municipal, and federal agencies have the power to revoke or suspend a nursing home’s license to operate, and the administrative process often leads to an improvement of conditions over time. Administrative proceedings and investigations are not as effective at addressing abuse or neglect that has already occurred. Victims of elder abuse and neglect, and their families may need to seek redress through the courts by pursuing a medical malpractice or negligence claim against the nursing home and medical providers responsible for caring for the residents.