While nursing homes are charged with the duty to care for each of their many residents, the reality is that not all nursing homes take that duty to heart. In fact, almost all nursing homes are for-profit enterprises that, at the end of the day, must account for the costs of labor, supplies, and other expenses. Such an influence may incentivize nursing home management to cut corners in relation to the quality of care they provide the residents in their care.
This may be nowhere more true than in the case of intellectually disabled nursing home residents, who for one reason or another suffer from nursing home abuse and neglect at higher rates than non-intellectually disabled residents. Indeed, according to one news article reporting on the plight of intellectually disabled nursing home residents, several states are currently facing lawsuits based on the inadequate services provided to these individuals.
Evidently, a federal judge in San Antonio, Texas recently granted class-action status to a group of nearly 4,000 intellectually disabled nursing home residents across the state. The allegations in that case are that the State of Texas has done little if anything to secure a safe place for these individuals, often placing them in homes that are patently unequipped to handle the residents’ needs.
While the State of Texas responded that it had been attempting to provide these individuals with the “highest level of care,” the heightened care needed by the intellectually disabled has seemingly gone overlooked. The article notes that the intellectually disabled are at a higher risk because they are more vulnerable due to social powerlessness. They also suffer from communication skill deficits, a diminished ability to protect themselves due to a lack of instruction and resources, and difficulty gauging whether or not another person is trustworthy.
Lawsuits Against Negligent or Abusive Nursing Homes in Maryland
Maryland allows for an abused or neglected nursing home resident to file a lawsuit against the individual employees responsible as well as against the home’s management. These cases, based on the legal theory of negligence, require a showing that the nursing home breached a duty of care it owed to the resident and that the resident suffered harm as a result. An issue that often comes up in these cases is causation, meaning that the resident must establish that their injuries were the result of the negligent or abusive conduct, rather than being caused by some other source.
Has Your Loved One Been Abused or Neglected?
If you have a loved one in a Maryland nursing home, and you suspect that they have been abused or neglected, you may have a viable case against the nursing home. To learn more about these cases, and to speak with a dedicated personal injury attorney about what happened to your loved one, call 410-654-3600 today to set up a free consultation with the Maryland nursing home abuse attorneys at Lebowitz & Mzhen. With our help, your loved one may be able to seek the compensation they deserve.
More Blog Posts:
Court Finds Nursing Home Facility Waived Its Right to Seek Mediation in Wrongful Death Case, Maryland Nursing Home Lawyer Blog, published June 7, 2016.
Court Improperly Failed to Allow Nursing Home Plaintiff to Name Additional Defendants Later Discovered to Be Involved in Key Decision-Making Roles, Maryland Nursing Home Lawyer Blog, published June 28, 2016.