Maryland Nursing Home Lawyer Blog

Disability Law Center Investigation Uncovers Understaffing, Overmedication, and Neglect at Nursing Home

March 30, 2024 | Lebowitz & Mzhen

Under the best of circumstances, it can be difficult to select a good nursing home or care facility for your loved ones. Trusting such institutions to help our loved ones and family members following hospitalizations or for long-term care is a stressful and complicated process. That decision can be even more nerve-wracking when widespread practices of elder abuse, medication errors, and financial abuse are uncovered. When nursing homes and care facilities fail to meet the basic requirements of care for residents, they must be held accountable.

Why Does Nursing Home Abuse Go Largely Unreported?

There is an inherent power balance between residents and staff in nursing homes. Staff are in charge of feeding, treating, and caring for residents, often making residents fully or largely reliant on staff members. That imbalance can result in a hesitation to report or take action when abuses are occurring. Additionally, many residents may have trouble directly or clearly communicating their experiences. As a result, it often falls to visitors and loved ones to advocate for them when things go wrong. It is extremely important to take a resident seriously if they disclose or report instances of nursing home neglect or abuse.

Bear Mountain Investigation

Nursing Home Resident Dies After Staff Fails to Change Oxygen Tank

February 29, 2024 | Lebowitz & Mzhen

When families pay nursing homes to care for their loved ones, nursing homes assume a duty to ensure a resident’s basic needs are met. Failing to adequately attend to residents’ medical needs can worsen their condition and lead to severe injury. When nursing homes neglect medically vulnerable residents, they may face state-imposed fines. Additionally, a resident’s loved ones may bring a negligence lawsuit against the nursing home to receive compensation for their loved one’s harm.

For example, a resident at an Iowa nursing home died after staff failed to change her depleted oxygen tank. The patient required supplemental oxygen after suffering from congestive heart failure. When staff went to her room to take the resident to lunch, they found her unresponsive and her oxygen tank empty. The resident was transported to the hospital, where died a few days later. Due to her lack of oxygen, the resident had suffered an anoxic brain injury.

According to the Iowa Department of Inspections, Appeals, and Licensing, staff repeatedly failed to check her oxygen tank and vitals multiple times. In the days before nursing home staff found the resident unresponsive, they also allegedly ignored her potential symptoms of oxygen deprivation and failed to check her oxygen levels. As a result of the resident’s death, the nursing home faces an $8,500 fine.

Nursing Home Charged with Patient Death and Abuse After Four-Week Inspection

February 29, 2024 | Lebowitz & Mzhen

It can be an incredibly difficult decision to trust the care of your loved ones in a care facility. Entering into the process is always easier when you know you can trust the staff members at a facility. As people age, it can sometimes be necessary to consider nursing homes and other care facilities as an option. An unfortunate reality in the nursing home business is that understaffing has led to a string of elder abuse throughout the nation. A recent news article detailed the culmination of a four-week inspection of a nursing home following allegations of abuse and one death.

What Should I Do if I Suspect Nursing Home Abuse or Neglect?

In Maryland, the appropriate program to contact if you suspect your family member or loved one is suffering from abuse is the Maryland Adult Protective Services (APS). APS investigates the exploitation and abuse of adults and elderly individuals throughout the state, including physical, mental, emotional, and financial abuse. Common signs of abuse include unexplained bruising, burning, scarring, depression, confusion, or dramatic changes in spending habits. Simply staying in close contact with your family member or loved one can tip you off to these common symptoms and could potentially save lives. It is important to remember that abuse can be perpetrated by a loved one, caregivers, or staff at a nursing home facility.

According to a recent news piece, an eastern Iowa nursing home has been cited for numerous instances of resident abuse and for contributing to the death of a resident. The Iowa Department of Inspections, Appeals, and Licensing (DIAL) recently completed a four-week inspection of Parkview Manor in Wellman and cited the nursing home facility for 24 state and federal regulatory violations, an extremely high number. The state agency proposed $35,750 in fines but is holding those fines in suspension while the Centers for Medicare and Medicaid Services determine whether to impose federal penalties for the violations. State records indicate that at the time of the inspection, DIAL had a backlog of 16 uninvestigated complaints involving the nursing home. Of the 24 violations, issues range from allegations of medication errors to failure to manage residents’ pain, and failure to provide sufficient nursing staff. One of the incidents investigated by inspectors was regarding a death in the facility that occurred in September.

Nursing Home Resident Dies After Staff Fails to Change Oxygen Tank

February 20, 2024 | Lebowitz & Mzhen

When families pay nursing homes to care for their loved ones, nursing homes assume a duty to ensure a resident’s basic needs are met. Failing to adequately attend to residents’ medical needs can worsen their condition and lead to severe injury. When nursing homes neglect medically vulnerable residents, they may face state-imposed fines. Additionally, a resident’s loved ones may bring a negligence lawsuit against the nursing home to receive compensation for their loved one’s harm.

For example, a resident at an Iowa nursing home died after staff failed to change her depleted oxygen tank. The patient required supplemental oxygen after suffering from congestive heart failure. When staff went to her room to take the resident to lunch, they found her unresponsive and her oxygen tank empty. The resident was transported to the hospital, where died a few days later. Due to her lack of oxygen, the resident had suffered an anoxic brain injury.

According to the Iowa Department of Inspections, Appeals, and Licensing, staff repeatedly failed to check her oxygen tank and vitals multiple times. In the days before nursing home staff found the resident unresponsive, they also allegedly ignored her potential symptoms of oxygen deprivation and failed to check her oxygen levels. As a result of the resident’s death, the nursing home faces an $8,500 fine.

Employee Charged in Nursing Home Death Case Had Previously Been Fired for Neglect

January 31, 2024 | Lebowitz & Mzhen

Under the best of circumstances, it can be difficult to select a good nursing home or care facility for your loved ones. Trusting such institutions to help our loved ones and family members following hospitalizations or for long-term care is a stressful and complicated process. That decision can be even more nerve-wracking when widespread practices of elder abuse, medication errors, and financial abuse are uncovered. When nursing homes and care facilities fail to meet the basic requirements of care for residents, they must be held accountable. A recent local news article discussed prior employment red flags in an employee’s work history who is now being charged in a nursing home death case.

According to the article, amidst the ongoing investigation into the death of an elderly woman at a Pueblo West nursing home, former employers are now highlighting a pattern of negligence by the caretaker charged in connection to the incident. Prior to working at the Pueblo West nursing home, the employee worked at the Boone Guest Home, an overnight assisted living facility for individuals with developmental disabilities. A former supervisor confirmed that the worker was fired for caretaker neglect from Boone Guest Home.

The assistant director at Boone Guest Home stated that in September 2022 the police became involved in the firing of the worker. Another manager had gone to the home to check in on the worker, who was caring for three developmentally disabled elders, and found nobody around and the house “completely destroyed.” The supervisor said that the house was completely overturned, with couches flipped over, drawers pulled out, and the resident’s personal medication and cash either missing or scattered around the home. The worker is separately charged with Negligently Causing Death and Negligently Causing Serious Bodily Injury to an At-Risk Adult for the death of a resident in the Pueblo West nursing home.

Nursing Home Employee Charged with Patient Abuse, Alleged to Have Verbally and Physically Abused Patients

December 22, 2023 | Lebowitz & Mzhen

It can be an incredibly difficult decision to trust the care of your loved ones in a care facility. Entering into the process is always easier when you know you can trust the staff members at a facility. As people age, it can sometimes be necessary to consider nursing homes and other care facilities as an option. An unfortunate reality in the nursing home business is that understaffing has led to a string of elder abuse throughout the nation. A recent news article detailed an elder abuse event.

According to a recent news piece, an employee at a Youngstown nursing home is charged with patient abuse after accusations that he verbally abused multiple patients and splashed one of them with a water hose. According to the police report, officers were dispatched to the Gateways to Better Living nursing home on August 31 regarding a staff member who was being “aggressive” with patients. Police spoke to the overseeing director at Gateway who told the officers that the staff member was acting “verbally aggressive” towards two patients. The director then told the officers that the employee had splashed the patients with a water hose while they were in the shower. The police report described all the patients as bedridden and disabled, in need of constant care.

Who Can You Contact in Maryland if You Suspect Nursing Home Abuse?

In Maryland, the appropriate program to contact if you suspect your family member or loved one is suffering from abuse is the Maryland Adult Protective Services (APS). APS investigates the exploitation and abuse of adults and elderly individuals throughout the state, including physical, mental, emotional, and financial abuse. Common signs of abuse include unexplained bruising, burning, scarring, depression, confusion, or dramatic changes in spending habits. Simply staying in close contact with your family member or loved one can tip you off to these common symptoms and could potentially save lives. It is important to remember that abuse can be perpetrated by a loved one, caregivers, or staff at a nursing home facility.

The Reality of Nursing Home Neglect in Maryland

November 30, 2023 | Lebowitz & Mzhen

As we approach the holiday season, one family’s story reminds us of the harsh reality faced by countless elderly individuals in nursing homes. According to a recently published neww report, an elderly woman who had been known as the architect of perfect family Christmases, found herself at Mt. Lebanon Rehabilitation and Wellness Center, where her life took a devastating turn. Frail, confused, and suffering 35 falls within a year, Cross succumbed to her injuries on March 14, 2022. Her daughter now advocates for change and has filed a lawsuit against the facility.

This story is uniquely tragic, but is also emblematic of a nationwide crisis in long-term care, exacerbated by unprecedented staffing shortages. The news source’s analysis of 168 nursing homes reveals alarming statistics. Over half received “below average” or “much below average” ratings from the Centers for Medicare and Medicaid Services. Shockingly, 13% appeared on a little-known list of facilities flagged for abuse or neglect.

What Recourse Do Families Affected By Nursing Home Neglect Have Against Facilities?

For those considering legal recourse, stories like Cross’s emphasize the urgency of seeking justice. Lebowitz and Mzhen, Maryland’s distinguished nursing home abuse attorneys, are poised to navigate the complexities of your case. The dire situation in Pennsylvania may serve as a wake-up call for Maryland residents to scrutinize nursing home conditions and question the care their loved ones receive

New Report “They Make You Pay” Details Fears of Retaliation by Nursing Home Residents

October 30, 2023 | Lebowitz & Mzhen

Why Does Nursing Home Abuse Go Largely Unreported?

There is an inherent power balance between residents and staff in nursing homes. Staff members are in charge of feeding, treating, and caring for residents, often making residents fully or largely reliant on staff members. That imbalance can result in a hesitation to report or take action when abuses are occurring. Additionally, many residents may have trouble directly or clearly communicating their experiences. As a result, it often falls to visitors and loved ones to advocate for them when things go wrong. It is extremely important to take a resident seriously if they disclose or report instances of nursing home neglect or abuse.

A new report by the Long Term Care Community Coalition, titled “They Make You Pay,” the coalition details the pervasive impact the fear of retaliation has on the entire nursing home resident community. The report detailed instances of residents being denied medicine, food, and even physical abuse such as beatings. The title of the project was inspired by a survey report that detailed how the residents of a nursing home in Florida chose not to report or file grievances related to poor care by staff due to fears of retaliation. During an interview with a surveyor for the report, a resident said she did not file a grievance regarding her poor treatment “because they get back at you . . . They are watching even now to see which rooms you go to and listen to what you ask.” The resident then asked the surveyor to leave and return at a later time because staff members were lingering at her door.

Nursing Home Residents Allege Shocking Abuse

October 10, 2023 | Lebowitz & Mzhen

Choosing the right care facility or nursing home for a family member is a stressful and complicated process. It is vital to know that our most vulnerable loved ones are being placed in a caring, comfortable, and safe environment. Unfortunately, recent events have left many nursing and care homes with staffing shortages, training deficiencies, and a lack of supplies. When nursing homes fail to meet the basic requirements of care for residents or worse, they must be held accountable.

How Many Nursing Home Complaints Are There Each Year in the US?

In 2020, Nursing Home Abuse Justice, an advocacy organization for nursing home abuse, found that over 15,000 complaints filed with nursing home ombudsmen were about abuse or neglect. Maryland is sadly no exception to this trend. If you have a loved one or family member in a nursing or long-term care facility, you must recognize the signs of neglect or abuse and report them promptly to the relevant authorities in order to hold the perpetrators accountable. Signs of abuse range from unexplained bruising to the sudden onset of depression and confusion, or dramatic changes in spending habits. It is important to remember that abuse can be perpetrated by a loved one, caregivers, and staff at a nursing home facility.

According to recent local news reporting, a Charlotte nursing home is under investigation after a family claims their loved one was neglected, abused, and later died. The patient was rushed to a hospital from the nursing home suffering from malnutrition and neglect. Several days later, the patient died from pneumonia, septic shock, and aggressive dementia. According to the hospital, he should not have been in his condition of health coming from a care facility. The hospital also noted that there were very clear signs of abuse and neglect, and the hospital reported the facility to Mecklenburg County.

How to Protect Vulnerable Maryland Nursing Home Residents from Sexual Abuse

September 25, 2023 | Lebowitz & Mzhen

Sexual abuse in nursing homes is a widespread issue that is often ignored, in part because admitting and addressing the problem can be extremely uncomfortable to the public. Recent reports out of Iowa demonstrate the breadth of this problem, as well as the difficulty in relying on nursing home staff to prevent or stop apparent abuse. A local news report discussing the controversy discussed how the alleged perpetrator, known as “Captain McFeelypants” among staff members, was able to continue abusing residents while other staff were suspicious of his behaviors.

According to the local news report, the nursing home at issue has faced scrutiny due to numerous violations, including its failure to protect residents from sexual abuse. The alleged perpetrator, a male resident with a history of inappropriate behavior, was discovered on several occasions over the course of one year engaging in sexual misconduct with other residents.

Initially, The director of nursing found the suspected abuser groping and kissing a female resident in her room. Although it’s unclear whether the encounter was consensual, the male resident was educated on the importance of consent. On several other occasions, the same resident was caught attempting to engage in inappropriate conduct with another resident. Ultimately, A nurse aide walked in on the male resident atop a female resident, engaging in sexual activity. The female resident, who had severe cognitive impairments, reported feeling violated.