Maryland Nursing Home Liability Following an Assault on a Resident

Over 1.5 million older adults reside in nursing homes in the United States. Unfortunately, many nursing home residents suffer serious injury or even fatal injuries because of the treatment they experience at these facilities. However, nursing home injury victims may hold the facility or its staff liable for negligence. Mayland nursing home abuse cases often raise many challenges and may involve various federal and state laws. As such, victims and their loved ones should contact an attorney to discuss their rights and remedies.

The Nursing Home Reform Act (NHRA) protects residents of nursing homes that receive certain federal funds. The majority of Maryland nursing homes fall into this category, and as such, the law applies to many facilities. The law provides the minimum standard of care that these nursing homes must comply with to maintain their residents’ physical, mental, and psychological health. Further, the NHRA, outlines parameters that the facilities must abide by to prevent nursing home abuse.

In addition to requiring that the facilities retain adequate staff, develop care plans, assist with daily activities, and provide skilled nursing services, the residents have the right to be free from “physical or mental abuse, corporal punishment, seclusion, and restraints for discipline or convenience.” Many nursing home abuse lawsuits arise after a resident falls, suffers malnutrition or dehydration, experiences a medication error, or is assaulted by a staff member or other resident.

For example, recently, a news report described a harrowing account of a nursing home staff member attacking an Alzheimer’s patient. According to police, the employee attacked the woman while stealing her wedding ring. The resident’s husband approached the nursing home after visiting the woman in the hospital for injuries related to the attack. The nursing home administrators reviewed video footage and viewed the staff member trying to remove the resident’s ring. During the encounter, the staff member became violent before eventually stealing the ring off of her finger.

In cases like this, Maryland nursing home abuse victims may file a lawsuit against the nursing home and its employee. The type of lawsuit depends on the specific facts and circumstances of the incident. However, the nursing home may be liable for failure to supervise or provide adequate training, negligent hiring, or negligently retaining an employee. Further, the employee may be independently liable for their negligence or recklessness.

Have You Experienced Nursing Home Abuse or Neglect in Maryland?

If you or someone you know has suffered abuse or neglect in a nursing home, contact the Maryland nursing home abuse attorneys at Lebowitz & Mzhen, Personal Injury Lawyers. The attorneys at our law firm understand the devastating and life-changing toll that a nursing home abuse case can take on victims and their loved ones. Families deserve justice and compensation for the losses they suffered. Our team has the experience, skills, and resources to successfully resolve these cases on behalf of our clients. Our law firm’s clients have recovered substantial amounts of compensation for their damages related to nursing home abuse, medical malpractice, car and truck accidents, and other similar claims. Contact our office at 800-654-1949 to schedule a free initial consultation with an attorney on our team.

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