The federal government has recently announced plans for new regulations that will crack down on the problem of residents being abused by nursing home employees. Specifically, the new regulations are designed to target a recently occurring problem of nursing home employees taking demeaning photographs and videos of residents and sharing…
Maryland Nursing Home Lawyer Blog
Sexual Abuse of Nursing Home Patients Remains a Serious Problem
The problem of sexual abuse committed against nursing home patients by employees or medical providers continues to surprise authorities and victims’ families, who often discover that a loved one has been victimized for an extended period of time before any action is taken. For various reasons, elderly victims in nursing…
Nursing Home Arbitration Clauses May Punish Patients and Families For Expecting Quality Care
Arbitration clauses have become more and more common in many types of contracts between consumers and businesses over the last 50 years, However, the dramatic increase in the use of arbitration clauses in medical care agreements should be of special concern to consumers and their advocates. By agreeing to an…
Increasing Use of Social Media Has Resulted in Unexpected Nursing Home Abuse
A recently published news article discusses the difficulty that law enforcement and regulatory authorities have been facing nationwide in attempting to apply existing laws to curb the increasing pattern of “social media abuse” of long-term care and nursing home residents by health care workers. According to the article, there have been…
Court Holds Family Member of Nursing Home Resident Cannot Consent to Arbitration Unless Resident Is Deemed Incompetent by Primary Care Physician
Earlier this month, the Supreme Court of Mississippi issued an interesting opinion for anyone who signed an arbitration clause when admitting their loved one to a nursing home. In the case, Tarvin v. CLC of Jackson, the court determined that the arbitration clause signed by the plaintiff on behalf of…
Plaintiff’s Failure to Produce Expert’s Report in a Timely Manner Results in Early Dismissal
Earlier this month, a state appellate court issued a written opinion in a wrongful death case brought by the loved one of a nursing home resident whom the plaintiff claims was neglected prior to her death. In the case, Handy v. Madison County Nursing Home, the plaintiff’s claims were ultimately…
Intellectually Disabled Nursing Home Residents Are at an Increased Risk of Suffering Abuse or Neglect
While nursing homes are charged with the duty to care for each of their many residents, the reality is that not all nursing homes take that duty to heart. In fact, almost all nursing homes are for-profit enterprises that, at the end of the day, must account for the costs…
Court Improperly Failed to Allow Nursing Home Plaintiff to Name Additional Defendants Later Discovered to Be Involved in Key Decision-Making Roles
Earlier this month, an Oklahoma court issued an opinion in a case brought by the surviving family members of a woman who died in a nursing home while in the defendants’ control. The case, Maree v. Neuwirth, involved the plaintiffs’ decision to add additional defendants to the lawsuit after they…
A Nursing Home’s Responsibility to Prevent Resident-On-Resident Abuse
It used to be that when the term “nursing home abuse” was mentioned, the mostly likely culprit engaging in the abuse was a staff member of the nursing home. However, according to a recent news report, that may be changing. Evidently, the Annals of Internal Medicine recently commissioned a study…
What a Rapid Deterioration of a Loved One’s Condition May Mean
Nursing homes are a necessity in today’s busy society. With so many dual-income households, and the advancement of complex medical technology, it becomes difficult if not impossible to care for aging loved ones as they require more and more assistance. When aging loved ones reach a point in their lives at…