Maryland Nursing Home Lawyer Blog
In recent news, the Attorney General of Ohio is raising concerns regarding several complaints of nursing home abuse and neglect, which have reportedly doubled within the Buckeye state this year.
The Ohio State Attorney General’s Medicaid Fraud Control Unit is reportedly investigating 131 case at this point in time, compared with 74 for the same period in 2012. Even more shocking is the fact that nearly half of the complaints for this year to date have been received by the office within the past month.
This drastic increase is believed to be related to the AG’s announcement that his office will aggressively pursue complaints of substandard care or abuse in nursing homes.
In accordance with this agenda, earlier this year investigators placed surveillance cameras in several nursing home rooms, with the knowledge of the patients themselves and their families. However, the nursing home personnel were not informed that they were being recorded.
According to a statement from the AG, the footage captured in some of the rooms showed “absolutely shocking and disturbing” treatment of patients. While additional information was not available regarding the exact nature of the images captured, for an Attorney General to make such a broad statement means the abuse must have really been objectively unacceptable.
Unfortunately, nursing home abuse is not uncommon. It is for this reason that several states have begun to consider passing legislation regarding the usage of surveillance cameras, in order to ensure that patient safety is being observed.
The federal government has provided a precise definition of nursing home abuse. According to 42 CFR § 488.301, abuse is defined as “the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish.” This definition of abuse can include anything from sexual to mental abuse. Neglect, on the other hand, is the result of inaction or indifference. It is the result of negligence on the part of an individual or an organization. The appropriate legal standard for determining nursing home neglect is the reasonable caregiver standard, which asks whether the person in question acted in the same way that a reasonable caregiver under the circumstances would have acted. If your loved one or elderly friend has been subjected to nursing home abuse or neglect, they may be entitled to compensation for injuries, physical and psychological, that they have suffered.
If you suspect that your loved one who is living in a nursing home or assisted living facility within the Maryland or the Washington D.C. areas has be suffering from nursing home neglect or abuse, contact the experienced nursing home abuse and neglect attorneys at Lebowitz & Mzhen Personal Injury Lawyers immediately. Our attorneys have extensive experience in advocating for individuals who have suffered due to negligent care or abuse within nursing homes and assisted living facilities. Contact us today in order to schedule your complimentary and confidential initial consultation. You can reach us by calling (800) 654-1949 or contact us through our website.
More Blog Posts:
$90.5 Million Verdict Upheld in West Virginia Nursing Home Lawsuit, Maryland Nursing Home Lawyer Blog, published July 1, 2013
Nursing Home Fined for Failing to Protect Residents from Sexual Predator, Maryland Nursing Home Lawyer Blog, published June 28, 2013