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…
Articles Posted in Wrongful Death in Nursing Homes
Employee Charged in Nursing Home Death Case Had Previously Been Fired for Neglect
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…
Lawsuit Alleges Nursing Home Neglect After Resident Strangled to Death
When choosing a nursing home, families want to ensure their loved ones receive the best possible care. However, nursing home abuse and neglect can jeopardize residents’ safety. When a nursing home fails to protect its residents, it leaves them vulnerable to serious injury or death. A nursing home in California…
Family’s Covid-19-Related Wrongful Death Claim Against Nursing Home is Allowed to Proceed
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…
Proving Causation in a Maryland Nursing Home Abuse or Neglect Case
Establishing causation in a Maryland nursing home case can be difficult, particularly because residents are often sick when they enter the home. With residents that were already sick, it can be difficult to prove that the nursing home’s neglect or abuse caused the resident’s injuries or death or accelerated them.…
Maryland Nursing Home Neglect Puts Residents At Risk of Freezing to Death
When Maryland families move a loved one into a Maryland nursing home, they are entrusting the home and the staff to take care of their loved one, to keep them safe, healthy, and comfortable. Tragically, however, nursing home neglect is a significant problem in nursing homes across the country, and…
Wrongful Death Claims Following a Maryland Nursing Home Death
In the event of the death of a resident at a Maryland nursing home, the resident’s family may be able to recover compensation through a Maryland wrongful death lawsuit. However, determining fault in a nursing home abuse or neglect case is not always straightforward, and the assistance of a skilled…
The Enforceability of Maryland Nursing Home Arbitration Agreements
On several occasions, we have written about arbitration clauses in Maryland nursing home abuse and neglect cases. An arbitration clause is an agreement, typically within a nursing home resident’s contract or the papers required to sign when moving in, that says any disputes that arise will be handled through arbitration…
The Effect of an Arbitration Agreement in a Maryland Nursing Home Case
Generally, when two parties sign an arbitration agreement, they must resolve their claims out of court through the arbitration process. Thus, by signing an arbitration agreement, the resident waives the right to sue the facility in court. Of course, the parties must voluntarily consent to arbitration through an agreement or…
Can a Maryland Nursing Home Enforce an Arbitration Agreement Signed by a Loved One?
Under the current state of the law, Maryland nursing homes can ask potential residents to sign arbitration agreements. Often, these agreements are included in the pre-admission paperwork that must be completed before a resident is admitted. However, there are many issues that an arise affecting the enforceability of an arbitration…