Maryland Nursing Home Lawyer Blog

Family’s Covid-19-Related Wrongful Death Claim Against Nursing Home is Allowed to Proceed

March 31, 2022 | Lebowitz & Mzhen

Some experts have estimated that over 1 million Americans have died from the virus that causes Covid-19. Hospitals, nursing homes, and medical providers are not responsible for keeping all patients alive and well during a deadly pandemic, as that would not be possible. Although medical providers are not legally responsible for every death that happens on their watch, if an injury or death is caused, worsened, or not prevented because a medical provider acts negligently, then the injured party or their representatives may have a claim for damages. A recently published news report discusses one such case, in which the family of a woman who died of Covid-19 while living at a nursing home has sued the nursing home for wrongful death.

The plaintiffs in the recently decided case are the relatives of a 65-year-old woman who died of Covid-19 in April of 2020 while residing at a New York nursing home that is operated by the defendant. According to the facts discussed in the plaintiffs’ complaint, the defendant failed to uphold the proper standard of care in treating the patient. Specifically, the complaint alleges that there was an unreasonable delay in diagnosing the patient and that once the diagnosis was made, the nursing home negligently failed to give her the proper treatment for the disease. The complaint alleges that the nursing home’s negligence in failing to properly treat the patient was the ultimate cause of her death.

In response to the plaintiff’s lawsuit, the defendant filed a motion to dismiss, claiming that as a medical provider in a Covid-19 related case, they were immune from suit based on a law passed in 2020 by the state legislature. In response, the plaintiff argued that the immunity law was repealed in 2021 and that the repeal applies retroactively to acts of negligence that occurred in 2020. Because the law was in fact repealed, the court ruled in favor of the plaintiffs, and the suit will proceed toward trial.

Addressing Instances of Neglect in Maryland Nursing Homes

March 25, 2022 | Lebowitz & Mzhen

Choosing the right nursing home to send our loved ones is often a stressful and research-intensive process. After all, we want our most vulnerable family members and loved ones to be cared for properly with the attention, quality of care, and comfort they need and deserve. When nursing home facilities and staff fail to provide these basic necessities of care, however, they must be held accountable for their actions.

According to a news report, first responders arrived at a local nursing home after a resident had called 911 for the second time that day. Among the 98 residents of the facility, many of them had been left to sit in their own waste with limited water, medication, and food for hours. When firefighter crews arrived on the scene, they paired off with EMS crew members and went from room to room to check on residents, monitor their vital signs, and administer medication. For the firefighters, it was the first time they had been asked to respond and care for nearly 100 people at once. The incident remains under investigation.

Shockingly, according to the National Center on Elder Abuse, approximately 95 percent of nursing home residents have been neglected or have witnessed some form of neglect. Unfortunately, Maryland is no stranger to similar incidents of neglect in nursing homes.

Dangers of Unlicensed Health Staff in Maryland Nursing Homes

March 17, 2022 | Lebowitz & Mzhen

When we send our loved ones to nursing homes, we expect them to be taken care of by properly licensed, professionally trained, and caring staff members. After all, many of our elders and loved ones have complex health needs that require regular attention and care that nursing home staff members are specifically trained and equipped to address. When these facilities fail to conduct reasonable diligence into ensuring the quality of their staff, however, this lack of care can potentially result in injury to our loved ones.

According to a recent news report, a recent government investigation into issues surrounding nursing homes uncovered a registered nurse working while her license was suspended. The woman was arraigned recently on felony charges after the investigation found that she tampered with vials and syringes containing substances she knew were intended for patients who required pain relief in the critical care unit. She removed the original substances from the vials and syringes, replaced them with another liquid, and returned the containers. The incident remains under investigation, but officials noted that the woman had a previous criminal history while working as a nurse as well.

Unfortunately, Maryland is no stranger to similar incidents, especially in nursing homes. Long-term care facilities have a responsibility both to their residents and to the community to exercise reasonable diligence when hiring professional staff to care for vulnerable and elderly residents. When a facility fails to do so, its lack of care could constitute negligence. When the nursing home fails to protect its residents as the first line of defense when hiring staff, it could be held responsible for any subsequent injury that takes place.

Nursing Home Staff Fail to Report Sexual Assault to Authorities

March 9, 2022 | Lebowitz & Mzhen

Nursing homes and long-term care facilities are facing endemic levels of reported abuse and neglect, presenting challenges to those in the field who seek to provide safe and effective care for our aging population. For all the reported instances of abuse, there are many occurrences that are never discovered or reported, suggesting that the problems of abuse and neglect in U.S. nursing homes are worse than they appear. A recently published news report discusses an instance of sexual assault in an Atlanta, GA assisted living facility that went unreported to law enforcement for over four days, inhibiting the ability of authorities to properly investigate the incident.

According to the local news report, a CNA at the luxury assisted living facility in Atlanta, GA walked into a resident’s room and witnessed another employee on top of a resident with his clothes off, apparently raping the resident. The witnessing employee reportedly told the attacker to stop what he was doing, reported the incident to a supervisor, and gave the victim a bath. Police were not immediately called after the attack was reported. Although the CNA’s decision to give the victim a bath may have offered her some comfort, the bath itself destroyed evidence of the assault and may have prevented authorities from making an arrest once the attack was reported.

Although it appears from the context of the news report that the reporting employee was only trying to do what was best after she witnessed the assault, the fact that authorities were not called after a forcible rape was witnessed suggests that the employees of the nursing home in question are woefully undertrained. Unfortunately, this lack of training and accountability is prevalent throughout the American nursing home industry. Large multi-state companies have purchased nursing home systems nationwide and consolidated ownership and operation of such facilities into smaller and smaller ownership groups.

The Prevalence of Neglect in Maryland Nursing Homes

February 28, 2022 | Lebowitz & Mzhen

Nursing home neglect has been in the headlines a lot recently, as nursing homes across the country struggle to keep a full staff. The COVID-19 pandemic, as well as several other industry-wide challenges, has resulted in many nursing homes losing large numbers of employees, as well as a corresponding difficulty in finding available workers.

Nursing home neglect occurs when nursing home employees fail to provide the level of care a resident needs. When family members decide on a nursing home, one of the primary factors they use is the institution’s safety record. Unfortunately, nursing home neglect is often swept under the rug by nursing home management, which means it is not reflected in their ratings. However, some instances of neglect are impossible to hide.

For example, the owner of a South Carolina nursing home was recently arrested and charged with neglect, exploitation and breach of trust of the residents in his care. More specifically, the charges included 10 counts of neglect of a vulnerable adult, two counts of exploitation of a vulnerable adult and one count of breach of trust with fraudulent intent.

Are Staff Shortages and COVID Concerns Too Much for Maryland Nursing Homes?

February 22, 2022 | Lebowitz & Mzhen

The last couple of years has been extremely difficult for much of America. The nursing home industry is no exception. Starting with the COVID-19 pandemic in early-2020 all the way up through today, nursing homes are having an increasingly difficult time providing adequate care for their many residents. Not surprisingly, the instances of nursing home abuse and neglect are also increasing, as those that remain on staff in long-term care facilities are overworked. Despite these challenges, a nursing home’s duty to its residents does not change and when a nursing home fails to provide the necessary level of care—for whatever reason—residents and their families can take legal action against the facility.

An all-too-common example of what many families are experiencing comes from a recent news report. A woman noticed a sharp decline in the quality of care her mother was receiving. At first, it was smaller things, but when her mother contracted COVID-19 and things didn’t seem to improve, she called the police. Police officers arrived and arranged to have the elderly woman transferred to a nearby hospital. The woman is in stable condition.

Continuing their investigation, police officers then tried to call the facility to learn more about what was going on behind closed doors. No one picked up. Eventually, police contacted the local Department of Health, which opened an investigation into the facility. All new admissions into the nursing home were also frozen.

Why Transparency on Nursing Home Staffing Will Provide Better Care for Maryland Elders

February 15, 2022 | Lebowitz & Mzhen

If you have decided to send your loved one to a Maryland nursing home in the near future or have already done so, then you understand the difficulty of making such a decision. Conducting thorough research into the options near you and ensuring that your loved ones are receiving quality care at the facility you choose can be really stressful—especially if there is no information available for you to reference to make an informed decision.

According to a recent report, the Centers for Medicare & Medicaid Services (CMS) announced that it would begin to report weekend staffing and staff turnover for nursing homes with greater transparency. Information on weekend staffing, such as the numbers of registered nurses and the total number of nurses in general working on the weekends at each nursing home over a quarter will be publicly available on a website. Details about total nurse turnover, the percentage of nursing staff that stopped working at a nursing home, and the number of administrators who stopped working at a nursing home over a 12 month period will also be made available.

For consumers, this data will be important for a number of reasons. First, having access to a nursing home’s staffing environment can be important for determining the quality of care your loved ones will receive. At facilities with low turnover rates, for example, it is more likely that the quality of care will be higher, and the overall residential experience will be better. Low turnover rates in nursing homes are also typically correlated to higher nursing home ratings.

Available Damages Against a Negligent Maryland Nursing Home

January 31, 2022 | Lebowitz & Mzhen

The COVID-19 pandemic has shed light on many growing concerns surrounding the care and treatment many residents experience at Maryland nursing homes. At the same time, many nursing homes continue to lobby for additional protections from suits, litigation against these facilities increases. The public perception of nursing homes tends to be poor, mainly stemming from highly publicized cases of abuse and the surge of coronavirus infection amongst many residents and staff.

Many Maryland nursing home cases involve allegations of neglect, physical abuse, restraints, ulcers, and falls. However, regardless of the cause of the incident, these cases are harrowing and can result in serious injuries and fatalities. While nursing homes and assisted living facilities often divert blame onto a “bad seed” employee, the fact remains that these agencies maintain the duty to ensure the health and safety of their residents and patients. Further, nursing homes may be held liable for their actions in concealing their staff’s negligence or wrongful acts.

For instance, a state report recently found that a nursing home hid allegations of abuse and neglect for its residents. According to the report, an administrator admitted to an investigator that they were told not to report abuse allegations to the inspections department. In addition, the report also revealed that a dietary manager and an aide worked for 30 days straight. Another night cook abruptly left the facility after working for 28 days without assistance. The cook’s departure resulted in a maintenance worker taking over the kitchen; however that worker did not know how to run the dishwasher. The disruptions in meal services resulted in nurses holding insulin for patients waiting for meals.

Family of Nursing Home Patient Who Died after Two Weeks in Facility Speaks Out

January 25, 2022 | Lebowitz & Mzhen

Nursing home abuse and neglect have become endemic in our society today. Cost-cutting measures, staffing issues, and a profit-motive-driven industry all contribute to tragic instances of elder abuse and neglect in American nursing homes. A news report has recently been published that discusses one family’s struggles with the death of their loved one at a nursing home. According to the man’s niece, his condition quickly deteriorated after moving into the facility, and he was dead within two weeks. According to the man’s family, elder abuse and neglect are to blame, and the facility needs to be held accountable for their negligence.

The facts discussed in the local news report note that the 74-year-old man was found unresponsive in his room at the nursing home and first responders were eventually called. The man’s niece reported that she was told by the first responders that her uncle appeared to be suffering from neglect at the hands of the nursing home operators. The niece told reporters that her uncle was dirty, his catheter had not been changed, he was emaciated and had bed sores on his back. Additionally, the niece was told that the man had been unresponsive for several hours before 911 was called. Based on these observations and reports, his niece alleges that her uncle died as a result of elder abuse and neglect, and is demanding an investigation.

Administrative investigations can be an effective way of addressing claims of elder abuse and neglect. State, municipal, and federal agencies have the power to revoke or suspend a nursing home’s license to operate, and the administrative process often leads to an improvement of conditions over time. Administrative proceedings and investigations are not as effective at addressing abuse or neglect that has already occurred. Victims of elder abuse and neglect, and their families may need to seek redress through the courts by pursuing a medical malpractice or negligence claim against the nursing home and medical providers responsible for caring for the residents.

AARP Lobbies Virginia Lawmakers for Nursing Home Minimum Standards

January 17, 2022 | Lebowitz & Mzhen

The last two years have been extremely difficult for nearly everyone in the medical and caregiving fields. The nursing home industry has been hit especially hard. Nursing homes nationwide have had to deal with the effects of a global pandemic that targets older individuals, while workers from the top to the bottom of the medical field have been experiencing increasing levels of burnout. As a result of the increasing demand for medical workers and assistants, along with the dwindling supply, nursing homes throughout the country have been experiencing severe staffing shortages. The AARP (formerly known as the American Association of Retired Persons) has started a lobbying effort in Virginia in an attempt to get the state government on board with minimum staffing and sanitation standards for nursing homes in the post-pandemic era.

According to a press release detailing the AARP’s efforts to lobby the Virginia Legislature, long-standing and well-known issues surrounding nursing home care have gotten to a point where they must be addressed. The pandemic has brought long existent staffing issues in nursing homes to the forefront of public attention. Nursing home staff have been chronically undertrained and underpaid for decades, though the increases in stress and difficulty from the job brought on by the pandemic have exacerbated staffing shortages. While the free market can help solve staffing and other issues in many industries, the nursing home industry is unique because the federal and state governments pay for the majority of nursing home care in the U.S. through the Medicare and Medicaid social programs.

The AARP is encouraging the state and federal governments to step in with legislation that requires nursing homes to meet minimum staffing and training standards for their residents. Specifically, the group is urging the legislature to set a minimum staff ratio that must be met for a nursing home to operate, as well as increased training in infection control and sanitation. According to polling mentioned in the press release, the vast majority of Virginia voters approve of the requested changes, and the pressure is now on lawmakers to pass legislation to meet voter demands and improve the conditions of nursing homes within the state.