Maryland Nursing Home Lawyer Blog

Wrongful Death Lawsuit Against Maryland’s Largest Nursing Home Raises Unsettling Questions

October 30, 2024 | Lebowitz & Mzhen

The statistics speak for themselves: Elder abuse in nursing homes is much too commonplace across Maryland… and the nation. Sadly, too, the trend is not only limited to second- and third-tier nursing facilities. As personal injury specialists, the attorneys at Lebowitz & Mzhen, LLC, are very familiar with the uncomfortable fact that seniors living in elder care facilities may be at greater risk of abuse, injury or death than their loved ones may know.

It’s so very unfortunate that a large segment of our aging population residing in nursing homes, elder care facilities and long-term care operations are likely to experience some kind of physical or mental abuse, or simply poor care or neglect at the hands of nursing home employees — and even medical professionals charged with their well-being. Again, this is not surprising to those who follow the elder care industry; studies by the National Council on Aging indicate that one in 10 American citizens 60 years and older have experienced some form of elder abuse — shockingly, more than 95 percent of incidents involving abused residents of assisted living facilities, long-term care operations and nursing homes typically go unreported.

Not long ago, a news story revealed some terrible facts surrounding the apparent abuse and ultimately the death of an elderly resident at the Hebrew Home of Greater Washington, located in Rockville, MD. The information came to light as part of a multiple-count wrongful death lawsuit filed by the estate of Sara McAlpin, who died at the age of 96 from complications related to a Stage 4 pressure ulcer (also known as a bed sore). Bed sores in patients who reside at elder care facilities are considered evidence of neglect and Ms. McAlpin’s medical condition featured one of the worst kinds of decubitus ulcers — a large open wound greater than “the diameter of a teacup” exhibiting exposed bone and damage to the tissues underneath.

Holding Nursing Homes Accountable for Abuse and Neglect in Maryland

October 25, 2024 | Lebowitz & Mzhen

Recent reports from a North Durham nursing home highlight alarming cases of abuse and neglect, underscoring the importance of holding long-term care facilities accountable for the treatment of their residents. The claims made by residents include instances of inadequate hygiene care, staff neglect, unsanitary living conditions, and even theft of personal belongings. These issues are not unique to one location. Nursing home abuse and neglect can happen anywhere and residents and their families must be aware of the legal protections in place to address such mistreatment.

In Maryland, nursing homes are legally required to meet certain standards of care. When they fail, residents and their families have the right to take legal action to protect their loved ones and hold the facility accountable for any harm caused.

What Are the Signs of Abuse and Neglect in Nursing Homes?

The troubling allegations from residents of the Durham facility include claims of staff sleeping on the job, inadequate medical care, and unsanitary living conditions, such as mold and poor hygiene. Unfortunately, these incidents are far too common in underfunded or poorly managed nursing homes.

Tragic Nursing Home Death in Maryland Raises Questions About Elderly Care

September 30, 2024 | Lebowitz & Mzhen

The recent tragedy involving a 71-year-old man found dead in a nursing facility after being reported missing has brought national attention to the growing concerns about nursing home care. The incident highlights how vulnerable elderly residents can be when those entrusted with their care fail to provide proper oversight and attention. Unfortunately, this type of tragedy is not an isolated case.

The story of a loving father and grandfather whose body was discovered in a storage closet of a Florida nursing facility echoes the concerns many families have when placing their loved ones in nursing homes. His case highlights the critical need for accountability in the care of elderly residents, and Maryland is no stranger to such issues. Neglect and abuse in nursing homes are tragically all too common, leaving families grieving and seeking justice.

For families in Maryland, the legal system provides options for addressing nursing home neglect and wrongful death. Understanding these laws and your rights is essential when pursuing justice for a loved one.

Suspected Fraud in Nursing Home Filings Raises Concerns About Resident Care

August 31, 2024 | Lebowitz & Mzhen

Fraud in nursing home operations is not just a financial issue—it can have profound implications for residents’ quality of care. When nursing homes prioritize profits over patient care, it often leads to understaffing, inadequate medical attention, and neglect, all of which can cause significant harm to vulnerable residents. Understanding how fraud in these facilities may contribute to injuries is crucial for families seeking to protect their loved ones and for legal professionals advocating.

Fraudulent Filings at Seashore Point Nursing Home: Hidden Profits and Resident Neglect

Recent reports have surfaced alleging that the owners of a nursing home in Seashore Point have been using a complex network of companies to conceal profits while cutting back on essential nursing staff. This fraudulent practice, which involves misleading financial filings submitted to Medicare and Medicaid, has potentially allowed the owners to pocket over $1 million while compromising the care provided to residents.

Three Workers Arrested for Abuse in Maryland Nursing Home Mistreatment Case

July 30, 2024 | Lebowitz & Mzhen

Nursing home abuse is a serious issue in Maryland. State law defines it as any harm or threat to the health or welfare of a nursing home resident through physical, emotional, or sexual abuse, neglect, or exploitation. Recently, authorities arrested three nursing home workers for abusing residents. This incident highlights the urgent need for vigilance and legal action to protect our vulnerable elderly population. If you or a loved one has experienced such abuse, consulting an attorney is essential.

Disturbing Case of Nursing Home Abuse in Maryland

In a deeply troubling case, authorities arrested three nursing home workers for sexually exploiting elderly residents at a Maryland facility. The investigation began in April when a former employee reported alarming information to the police.

Medication Errors and Resident Abuse Complaints Lead to Investigation of a Nursing Home

June 21, 2024 | Lebowitz & Mzhen

In a recent case, a nursing home came under scrutiny following multiple reports of medication errors and resident abuse. This investigation highlights the serious consequences of neglect and abuse in nursing facilities and underscores the importance of legal intervention to protect vulnerable residents. Seeking the help of an attorney can be crucial in such situations, ensuring that the rights of the residents are upheld and those responsible are held accountable.

Nursing Facility Receives Complaints About Medication Errors and Quality of Care

A nursing facility was recently investigated by the Department of Inspections, Appeals, and Licensing (DIAL) after several complaints were filed. The violations cited on the department’s website relate to medication errors, quality of resident care, inadequate staff training, and the abuse of residents.

Nursing Home Aide Arrested On Charges of Elderly Abuse

May 31, 2024 | Lebowitz & Mzhen

According to a recent local news article, a nursing aide is under arrest on charges she abused a patient in Springfield Township, Hamilton County court records show. The aide is accused of assaulting a Burlington House Healthcare Center patient, according to her arrest report from Springfield Township police. Burlington House Healthcare Center is a memory care community that specializes in Alzheimer’s and dementia patients, according to its website. The aide hit the victim with multiple items and even “forcibly restrained” the patient by “pushing down on the victim’s chest and face,” her arrest report states. She was arrested Tuesday on charges of patient abuse or neglect, assault, and failing to provide for a functionally impaired person. The week before, someone at Burlington House Healthcare Center alerted Springfield Township police that they were investigating possible patient abuse. An incident report also was filed. The aide that was arrested and another nurse aide, the report says, “may have abused” the patient early in the morning on April 24. The report states that “Burlington House head nurse advised there were no signs of any injury. There was no visible injury.”

Selecting a good nursing home or care facility for your loved ones is a difficult and trying process. Trusting an elder or group home to help our loved ones and family members following hospitalizations or for long-term care is a stressful and complicated decision. That choice 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 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.

Nursing Home Aide Arrested On Charges of Elderly Abuse

April 28, 2024 | Lebowitz & Mzhen

Selecting a good nursing home or care facility for your loved ones is a difficult and trying process. Trusting an elder or group home to help our loved ones and family members following hospitalizations or for long-term care is a stressful and complicated decision. That choice 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 the arrest of a nursing home aide after he allegedly assaulted an elderly patient.

According to the article, police say a Waterford man was arrested for assaulting his elderly patient at a nursing home facility in East Lyme. According to law enforcement officials, the 44-year-old John Blaise turned himself in on Friday at the East Lyme police department for an active arrest warrant. The warrant stemmed from a report that was made last November. The report came from the daughter of an elderly patient at Crescent Point in Niantic. She alleged that her mother had suffered multiple injuries while she was staying at the facility.

According to the police, the woman put a camera in her mother’s room to monitor the situation. She told police she notified Crescent Point staff of the camera. According to the arrest warrant the woman showed video footage of the aide hitting the victim to East Lyme police. Earlier this month the victim died from an unrelated incident when she fell. An autopsy was performed by the office of the chief medical examiner who determined the cause of death was complications of blunt trauma of right and lower extremity with femur fracture. Blaise was charged with second-degree abuse of persons and assault 3 of an elderly victim.

Office of the Inspector General Releases Report on Nursing Home Oversight and Quality

April 22, 2024 | Lebowitz & Mzhen

According to a recent report released by the Office of the Inspector General (OIG) on the state of nursing home violations, nursing facilities were among six provider types with the most patient abuse and neglect convictions tied to Medicaid than other provider types in 2023. 841 criminal and civil patient and abuse complaints related to the sector – topping all other categories – are still open to investigation as of the release of the report.

There are 238 open nursing home investigations tied to Medicaid fraud out of 16,833 among all provider types, according to the report issued by the Office of the Inspector General (OIG). The report is the latest in efforts by OIG to improve nursing home oversight and quality, and recover misappropriated funds. OIG found that nursing homes had 36 patient neglect and abuse convictions last year in investigations done by Medicaid Fraud Control Units (MFCUs). Nurse aides, nurses, personal care (PCS) attendants, family members or guardians, and developmental disability facility settings were the other five named categories in the OIG report.

MFCUs recovered $1.43 million in Medicaid criminal convictions from nursing homes for patient abuse and neglect, and $9.34 million in Medicaid civil settlements and judgments for the space. For comparison, MFCUs recovered $9.41 million from assisted living facilities and $2.46 million from family members or guardians for the same types of conviction recoveries. About $1.2 billion was recovered as a result of Medicaid convictions among all provider types, for both civil and criminal recoveries.

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