Nursing Home Negligence

The Prevalence of Neglect in Maryland Nursing Homes

February 28, 2022 | Lebowitz & Mzhen

Nursing home neglect has been in the headlines a lot recently, as nursing homes across the country struggle to keep a full staff. The COVID-19 pandemic, as well as several other industry-wide challenges, has resulted in many nursing homes losing large numbers of employees, as well as a corresponding difficulty in finding available workers.

Nursing home neglect occurs when nursing home employees fail to provide the level of care a resident needs. When family members decide on a nursing home, one of the primary factors they use is the institution’s safety record. Unfortunately, nursing home neglect is often swept under the rug by nursing home management, which means it is not reflected in their ratings. However, some instances of neglect are impossible to hide.

For example, the owner of a South Carolina nursing home was recently arrested and charged with neglect, exploitation and breach of trust of the residents in his care. More specifically, the charges included 10 counts of neglect of a vulnerable adult, two counts of exploitation of a vulnerable adult and one count of breach of trust with fraudulent intent.

Are Staff Shortages and COVID Concerns Too Much for Maryland Nursing Homes?

February 22, 2022 | Lebowitz & Mzhen

The last couple of years has been extremely difficult for much of America. The nursing home industry is no exception. Starting with the COVID-19 pandemic in early-2020 all the way up through today, nursing homes are having an increasingly difficult time providing adequate care for their many residents. Not surprisingly, the instances of nursing home abuse and neglect are also increasing, as those that remain on staff in long-term care facilities are overworked. Despite these challenges, a nursing home’s duty to its residents does not change and when a nursing home fails to provide the necessary level of care—for whatever reason—residents and their families can take legal action against the facility.

An all-too-common example of what many families are experiencing comes from a recent news report. A woman noticed a sharp decline in the quality of care her mother was receiving. At first, it was smaller things, but when her mother contracted COVID-19 and things didn’t seem to improve, she called the police. Police officers arrived and arranged to have the elderly woman transferred to a nearby hospital. The woman is in stable condition.

Continuing their investigation, police officers then tried to call the facility to learn more about what was going on behind closed doors. No one picked up. Eventually, police contacted the local Department of Health, which opened an investigation into the facility. All new admissions into the nursing home were also frozen.

Available Damages Against a Negligent Maryland Nursing Home

January 31, 2022 | Lebowitz & Mzhen

The COVID-19 pandemic has shed light on many growing concerns surrounding the care and treatment many residents experience at Maryland nursing homes. At the same time, many nursing homes continue to lobby for additional protections from suits, litigation against these facilities increases. The public perception of nursing homes tends to be poor, mainly stemming from highly publicized cases of abuse and the surge of coronavirus infection amongst many residents and staff.

Many Maryland nursing home cases involve allegations of neglect, physical abuse, restraints, ulcers, and falls. However, regardless of the cause of the incident, these cases are harrowing and can result in serious injuries and fatalities. While nursing homes and assisted living facilities often divert blame onto a “bad seed” employee, the fact remains that these agencies maintain the duty to ensure the health and safety of their residents and patients. Further, nursing homes may be held liable for their actions in concealing their staff’s negligence or wrongful acts.

For instance, a state report recently found that a nursing home hid allegations of abuse and neglect for its residents. According to the report, an administrator admitted to an investigator that they were told not to report abuse allegations to the inspections department. In addition, the report also revealed that a dietary manager and an aide worked for 30 days straight. Another night cook abruptly left the facility after working for 28 days without assistance. The cook’s departure resulted in a maintenance worker taking over the kitchen; however that worker did not know how to run the dishwasher. The disruptions in meal services resulted in nurses holding insulin for patients waiting for meals.

Family of Nursing Home Patient Who Died after Two Weeks in Facility Speaks Out

January 25, 2022 | Lebowitz & Mzhen

Nursing home abuse and neglect have become endemic in our society today. Cost-cutting measures, staffing issues, and a profit-motive-driven industry all contribute to tragic instances of elder abuse and neglect in American nursing homes. A news report has recently been published that discusses one family’s struggles with the death of their loved one at a nursing home. According to the man’s niece, his condition quickly deteriorated after moving into the facility, and he was dead within two weeks. According to the man’s family, elder abuse and neglect are to blame, and the facility needs to be held accountable for their negligence.

The facts discussed in the local news report note that the 74-year-old man was found unresponsive in his room at the nursing home and first responders were eventually called. The man’s niece reported that she was told by the first responders that her uncle appeared to be suffering from neglect at the hands of the nursing home operators. The niece told reporters that her uncle was dirty, his catheter had not been changed, he was emaciated and had bed sores on his back. Additionally, the niece was told that the man had been unresponsive for several hours before 911 was called. Based on these observations and reports, his niece alleges that her uncle died as a result of elder abuse and neglect, and is demanding an investigation.

Administrative investigations can be an effective way of addressing claims of elder abuse and neglect. State, municipal, and federal agencies have the power to revoke or suspend a nursing home’s license to operate, and the administrative process often leads to an improvement of conditions over time. Administrative proceedings and investigations are not as effective at addressing abuse or neglect that has already occurred. Victims of elder abuse and neglect, and their families may need to seek redress through the courts by pursuing a medical malpractice or negligence claim against the nursing home and medical providers responsible for caring for the residents.

Keeping an Eye Out for Our Maryland Seniors This Holiday Season

December 3, 2021 | Lebowitz & Mzhen

With the holidays fully upon us, many families are making plans to gather to celebrate the season. For those of us with loved ones in nursing homes, it also is likely you are planning a visit for the holidays. These visits are important both for family bonding and catching up, but also as an opportunity to ensure that our seniors are remaining safe, well taken care of, and looked after by the staff in nursing homes.

Unfortunately, even during a joyous and cheery holiday period, nursing home abuse continues to be a major issue—and Maryland residents are no stranger to these challenges. Regardless of the season, nursing home abuse affects thousands of families in each year. With as many as five million seniors affected by elder abuse every year, it is crucial that holiday visits are rich in family time, but also in ensuring that your loved ones are not experiencing any type of abuse at the hands of other residents, family members, or nursing home staff.

Being proactive during nursing home visits can sometimes be challenging, especially if you do not know what exactly to look for. It is crucial to understand who is at risk and who the common perpetrators of abuse are.

Elderly Neglect and Abuse Stemming from Staff Shortages Could Affect Maryland Residents

October 24, 2021 | Lebowitz & Mzhen

When we send our loved ones to a nursing home, we expect them to be given the attention and quality care they deserve. Since the COVID-19 pandemic, however, many nursing homes have had to shut their doors to visitors as elderly residents have presented as high-risk for catching the virus, leaving abuse and neglect often concealed behind closed doors. As a result of outbreaks and quarantines, many facilities also became short-staffed—and many elderly residents suffered as a result.

According to a recent news report, a nursing home was fined $27,739 after elderly residents were neglected following staffing shortages. Based on a report released by the federal Centers for Medicare and Medicaid Services, the nursing home left residents with bedsores in their waste for up to eight hours at a time. In addition, the nursing home failed to protect residents from emotional and physical harm, abuse, and mental anguish. With more than 100 cases of COVID-19—including 37 staffers—reported at the nursing home during an outbreak earlier this year, the facility became even more short-staffed than ever before, with no registered nurses or supervising staff available to keep an eye on residents. At one point, there was only one certified nursing assistant per 53 residents, which prevented vital sign monitoring every few hours for significantly ill residents.

Unfortunately, Maryland is no stranger to similar elder abuse and neglect and staffing challenges in its nursing homes. In addition, many elderly Maryland nursing home residents have been subject to different kinds of physical, emotional, and sexual abuse.

Can Families Place a Camera in a Maryland Nursing Home?

October 17, 2021 | Lebowitz & Mzhen

With each passing year, more states are enacting laws that allow for the installation of cameras in nursing homes and other similar long-term care facilities. After all, sending our loved ones to nursing homes is never an easy endeavor. When we put our loved one’s care in the hands of strangers, it can often be challenging to feel at ease when abuse or neglect could be taking place behind closed doors. To proponents of allowing cameras in nursing home facilities, allowing cameras ensures increased accountability and safety from abuse and neglect for our loved ones.

According to a recent news report, other states are continuing to consider enacting laws that would allow cameras to be placed in their loved ones’ rooms in nursing homes. Proponents argue that such laws could go a long way in building a record and substantiating claims of abuse or neglect, instead of relying on staff who may fear repercussions as a result of reporting. Cameras could also be beneficial for nursing home staff to refute false claims. Although cameras will likely not solve all existing problems for elderly residents, proponents argue it could be a step in the right direction to increase transparency, accountability, and safety in these long-term care facilities.

In light of COVID-19, many nursing homes have had to close their doors to visitors because of public health and social distancing protocols. Because elderly residents of nursing homes remain a highly at-risk group in the midst of the global pandemic, many suspect that the ongoing pandemic increased the frequency of abuse or neglect taking place behind closed doors as in-person visits became restricted or limited.

Combatting Poor Maryland Nursing Facility Outcomes

September 9, 2021 | Lebowitz & Mzhen

For years, policymakers have known about the pervasive presence and impact of nursing home abuse in America. Recently, a bipartisan federal investigation revealed that lacking care for seniors has been disproportionately clustered within less than five percent of the nation’s nursing home facilities.

According to a recent article, poor nursing home care has been clustered among facilities listed under the Special Focus Facility (SFF) program. Facilities listed under the SFF program include the country’s worst-performing institutions, which “substantially fail” to meet basic care standards required by the federal government. Some commentators have noted that SFF nursing homes are considered “repeat offenders” who have a “pattern of neglecting and harming vulnerable residents.” Until recently, landing on the SFF list was shameful—but without proper enforcement or rehabilitation mechanisms in place, many facilities have not been held accountable.

To combat the issue, however, policymakers are stepping up to the plate. Legislative action from Congress could improve and expand quality care in nursing homes not just in Maryland but across the country. A new bill known as the Nursing Home Reform Modernization Act of 2021 proposes to expand the list of monitored facilities, increase resources for facilities that are underperforming, and establish an independent Advisory Council to inform federal agencies how to provide the best care possible and evaluate nursing home facilities.

What to Do When You Suspect Maryland Nursing Home Abuse

August 18, 2021 | Lebowitz & Mzhen

Placing a loved one in a Maryland nursing home is not an easy decision. However, it is a choice that thousands of Maryland families must make each year. While most nursing homes truly care about the health and wellbeing of residents, that simply isn’t always the case.

According to a recent news report, a state health department report reveals that one nursing home engaged in repeated physical and verbal abuse of residents. Evidently, the nursing home is believed to have abused at least five residents. One instance cited in the report is based on the facility’s failure to provide medication to an elderly resident. Another incident documents the facility’s failure to follow up on allegations of neglect and abuse, allowing the employee suspected of wrongdoing to remain on the job.

Nursing homes not only have a duty to ensure residents are free from abuse, but also to continuously investigate all claims of wrongdoing. For example, if a staff member is alleged to have neglected or assaulted a resident, nursing home management must investigate the matter. Similarly, if one resident acts aggressively towards other residents, management must take affirmative steps to protect other residents.

How the Covid-19 Pandemic Exacerbates Problems of Nursing Home Abuse and Neglect

July 31, 2021 | Lebowitz & Mzhen

Instances of nursing home abuse and neglect have been widespread since before 2020 and the advent of the Covid-19 pandemic. The arrival of the novel virus presented many challenges to elder care that have reduced the quality of life of many nursing home residents. Instances of abuse and neglect have also sharply increased since the beginning of 2020. A recent trade publication describes some of the factors and issues related to the Covid-19 pandemic that has put a strain on the nursing home industry and contributed to increased instances of abuse and neglect.

The rise of Covid-19 put a strain on the staffing of nursing homes, assisted living centers, and long-term care facilities. Illness, lockdowns, and travel restrictions made it more difficult for nursing homes to find qualified staff to offer care to their residents. Understaffed nursing homes resulted in residents being neglected as there were simply not enough skilled workers to offer care that met a reasonable standard. In some cases, the needs of residents increased as a result of the lessened social interaction and restrictions on family contact caused by covid-19 restrictions.

Although reduced staff and increased need help explain the uptick in abuse and neglect instances, these explanations do not make a valid justification for substandard care. Nursing home residents who have been victims of abuse or neglect, and their families, are entitled to recourse. Nursing homes often carry malpractice and liability insurance to cover their financial responsibilities in the event of abuse or neglect. The nursing home and long-term care industries contribute billions of dollars in profits to owners and executives, funded by both private payers and the federal government through Medicare and Medicaid. Victims need not shy away from seeking compensation simply because the pandemic made administering nursing homes more difficult for the owners and executives.