Could Maryland Nursing Homes Become Immune to Neglect Lawsuits?

For several years, we have written about Maryland nursing home abuse and neglect cases, which can have tragic consequences for residents and their families. Unfortunately, instead of the situation improving, some reports suggest that the COVID-19 pandemic could be making the situation worse, as thousands of residents are passing away in nursing homes, potentially due to negligent care. Any facility that has a large number of residents living in one community can be dangerous during the pandemic, and more than 37,000 residents in nursing homes have died since early March, raising concerns of inadequate protections or staffing.

Recently, ABC News reported in-depth on the issue. The article detailed the story of seven daughters who decided to move their father, a former corrections officer, into a Maryland nursing home this past February. Unfortunately, within three months of being in the home, their father died after testing positive for COVID-19. But before he died, he was in a severe condition, leading his daughters to believe that inadequate care at the nursing home may have contributed to or even caused his death. One daughter reported that, when her father originally went to the hospital (weeks before he died), the hospital staff told her that her father had lost 30 pounds and that he was so dehydrated “his blood was like mud.”

Typically, when someone is injured due to negligence or abuse in a Maryland nursing home, they have the ability to bring a personal injury lawsuit against the facility to recover for medical expenses, pain and suffering, and more. However, Maryland is one of the several states across the country that has laws in place to protect healthcare providers during a declared public health emergency. Now, during the COVID-19 pandemic and its severe effect within nursing homes, Congress is considering instituting similar protections for nursing homes. This could be a major barrier for plaintiffs who want to bring claims against nursing homes, making these suits an uphill battle. Supporters of the measures claim they protect nursing homes from frivolous claims against them, but critics point to how important it is that families affected by a nursing home’s negligence have an avenue of relief.

Do You Need to Speak to a Maryland Nursing Home Neglect or Abuse Attorney?

If your loved one has recently suffered abuse or neglect while living in a Maryland nursing home, whether or not related to the COVID-19 pandemic, you may be wondering how to go about holding the facility accountable. That is where Lebowitz & Mzhen, Personal Injury Lawyers, can help. Our firm is comprised of dedicated and compassionate attorneys who are work around the clock to protect clients like you from financial ruin due to someone else’s negligence. We can help you through every step of filing a civil negligence lawsuit, and potentially obtain monetary compensation for your lost wages, medical bills, pain and suffering, as well as funeral and burial costs. To learn more, and speak with an attorney risk-free, call us today at 800-654-1949, or fill out our online form.

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