In many situations where a Maryland nursing home employee is alleged to have neglected or abused a resident, the state will bring formal criminal charges against the resident. Other times, the state may not file charges if they believe there is enough evidence to prove that the staff member committed…
Maryland nursing home residents must consider whether their ability to sue a nursing home is limited by agreements that were signed at the time of their admission to the facility. This is because Maryland nursing home admission agreements often contain arbitration clauses, which may limit a party’s ability to bring…
Study after study has shown that one of the root causes of Maryland nursing home abuse and neglect is understaffing. Federal regulations require that a Registered Nurse is on staff seven days a week for at least eight consecutive hours a day. And in general, the fewer qualified staff members…
Nursing home residents have the right to reside in a safe facility free from abuse of all kinds. Abuse can take different forms, including sexual abuse, physical abuse, neglect or isolation, financial abuse and exploitation, and emotional abuse. Under Maryland Family Law Article § 14-101, abuse is defined as “the…
Although most people would prefer not to have their loved ones move into a Maryland nursing home, there is often little choice in the matter. As a result, nursing homes have become commonplace in Maryland and across the country. When a family trusts a nursing home to care for an…
Nursing home residents and their families often sign admission agreements when a resident enters a nursing home. These agreements frequently contain arbitration provisions, which can have a significant impact in a Maryland nursing home lawsuit. The U.S. Supreme Court recently heard argument on a case concerning arbitration provisions. The issue…
As the average lifespan in America continues to increase, more and more families will need to rely on Maryland nursing homes to provide care for their aging loved ones. Indeed, nursing homes offer a necessary service; however, reports have recently come to light that nursing home abuse and neglect are…
This past month, the state of Maryland announced a settlement due to the involuntary discharge of nursing home residents in violation of Maryland’s Patient’s Bill of Rights. Medicare Recipients’ Rights and Involuntary Patient Transfer and Discharge Maryland’s Patient’s Bill of Rights protects the rights of individuals in nursing homes. Under…
Recently, a state appellate court issued an opinion in a wrongful death case discussing the validity of an arbitration contract signed by the plaintiff on behalf of her elderly father. Ultimately, the court concluded that because the plaintiff’s father lacked the mental capacity to sign the contract at the time…
Legal claims against a Maryland nursing home generally fall into three categories: abuse, neglect, or medical malpractice. Medical malpractice claims arise in the nursing home setting when healthcare professionals in nursing homes provide medical care for the residents. In these cases, plaintiffs have to make sure to comply with the…