Prosecutors Ask Judge to Dismiss Case Against Neglectful Nurses

Abuse and neglect are serious problems in Maryland nursing homes, and in nursing homes across the country. Earlier this month, prosecutors who initially filed criminal charges against two nurses based on the allegedly negligent care they provided to residents asked the judge to dismiss the case. According to a local news report, despite the nurses’ claims that they had been taking care of a resident, video evidence showed that they did not step foot in her room for 17 hours. The video also showed that the nurses repeatedly left the elderly woman naked in her bed with the door wide open.Legal News Gavel

Evidently, after the family discovered the nursing home neglect, they reported it to the authorities, and charges were initially filed. However, prosecutors recently asked the judge to dismiss the case in favor of allowing the state board of nursing to handle any disciplinary sanctions. The board would have the power to revoke the nurses’ licenses and place them on the registry of known abusers.

Although the prosecutors did not come right out and say it, what seems to be motivating their decision is the fact that in Iowa, where the abuse occurred, there is no statute allowing nursing home residents to install cameras to monitor staff. Thus, the prosecutors may be fearful that if they brought the case, the video would be inadmissible at trial, and this may create a bad precedent moving forward.

The article notes that only a few states, including Maryland, expressly permit nursing home residents and their families to install surveillance cameras in the room of a nursing home resident. Of course, permission must be obtained from all of the residents in the room, and notice must be given to nursing home management.

Nursing Home Abuse in Maryland

Residents of Maryland nursing homes are all in need of attentive daily care. This may include medication management, help with hygiene, getting exercise, and eating. Whatever the needs of a resident are, a nursing home that accepts a resident into its care must provide the necessary care or arrange for that care to be provided by another service provider. When a nursing home fails to take the necessary steps to properly care for a resident, they can be held liable through a Maryland nursing home lawsuit.

These cases, often brought by the resident themselves or a close family member, require a plaintiff to prove that the nursing home employee took some action or failed to take a necessary action that caused harm to the resident. If successful, a resident may be able to recover compensation for the injuries they have sustained, including damages for pain and suffering.

Is Your Loved One at Risk in a Maryland Nursing Home?

If you have a loved one in a Maryland nursing home, and you have reason to believe that they are being subjected to abuse or neglect, contact the Maryland nursing home attorneys at Lebowitz & Mzhen, LLC. At Lebowitz & Mzhen, we represent Maryland nursing home residents and their families in abuse and neglect cases against nursing homes across Maryland, Virginia, and Washington, D.C. We make every effort to keep our clients up-to-date on the status of their case as we aggressively fight for their right to recover for their injuries. To learn more, call 410-654-3600 to schedule your free consultation today.

More Blog Posts:

Court Upholds Validity of Nursing Home Arbitration Contract in Recent Personal Injury Case, Maryland Nursing Home Lawyer Blog, published July 20, 2018.

Maryland Nursing Home Arbitration Clauses May Be Procedurally or Substantively Invalid, Maryland Nursing Home Lawyer Blog, published July 6, 2018.

 

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