Even if a family has to rely on a nursing home to care for a loved one, the resident still has rights that must be protected by the facility. Maryland nursing home residents have the right to live in a safe environment, free from abuse and neglect. Abuse includes physical and sexual abuse, as well as mental abuse and verbal abuse. Residents also have the right to participate in their health care and treatment to the extent possible. They have the right to consent to or refuse treatment and to be fully informed in advance about treatment and any proposed changes in treatment. They have the right to privacy to make private phone calls and to write and receive mail that will not be opened by anyone else.
In Maryland, the state’s Office of Health Care Quality monitors care in health care facilities across the state. Anyone who suspects abuse or neglect should report it to the Department of Health’s Long Term Care Unit. Federal regulations also require nursing homes to have policies and procedures in place to prevent abuse, neglect, and exploitation and to investigate and report allegations of abuse. But even in cases where no charges are filed against the facility or staff members, injured residents or their families may be able to file a Maryland nursing home lawsuit against the facility. In a negligence case, a plaintiff must demonstrate that the nursing home failed to meet its duty to adequately care for and protect the resident from abuse. Examples of nursing home neglect cases are failing to maintain sanitary living conditions and failing to maintain a resident’s personal hygiene, which can cause serious illness in some residents.
Unfortunately, instances of abuse and neglect are far too common. The state of Massachusetts recently announced a settlement with a nursing home arising from allegations that the nursing home failed to adequately care for residents and failed to ensure that staff members were competent to provide services for residents. A state investigation revealed that between April 2018 and December 2019, the nursing home allegedly failed to adequately train staff members to properly care for certain residents, failed to have the proper equipment to care for certain residents, and failed to prevent the development of pressure ulcers on residents. The state also reached settlements with seven other nursing homes in 2019 after state investigations found that the nursing homes maintained procedures that directly caused the death, injury, or potential injury to residents.