Maryland Nursing Home Lawyer Blog
As we approach two years into the Covid-19 pandemic, it’s easy to forget that the first wave of the pandemic struck nursing homes and long-term care facilities extremely hard. The risk factors for severe cases of Covid-19 correspond with the nature of the nursing home industry. Elderly, disabled, and often immunocompromised individuals are housed together in confined areas, while undertrained and underpaid employees often commute from other areas to care for the residents.
Although the nature of nursing home care helps explain why the pandemic hit nursing homes so hard, this explanation is not always enough to justify some of the negligent care that nursing home residents have endured throughout the pandemic. A recently published news report discussing a nursing home that continues to operate after having 83 residents die from covid in the last two years suggests that some nursing homes are violating a duty of care to their patients by failing to protect them from infection.
According to the local news report, the nursing home in question, located in New Jersey, was subject to complaints from residents and family even before the pandemic. Family members of former residents allege that the conditions in 2019 were unhygienic and that the employees were improperly trained to care for the residents. Once the pandemic hit, the consequences of improper care were exacerbated, as family members of former residents claim that the administration of the home was inaccessible to loved ones and that sick and healthy people were commingled, encouraging infections to spread. At the time the article was published, 83 residents of the nursing home had died from Covid-19, and another 25 residents were currently sick with the virus.
In spite of the complaints both before and after the pandemic broke, the nursing home in question is still operating, although the owners changed the name. The stories discussed in the article demonstrate that the nursing home industry in the United States is chronically underregulated, which allows owners to collect massive amounts of funding from taxpayers (Medicare and Medicaid pay for the majority of nursing home care in the U.S.) without providing sufficient care. Although this particular report of a nursing home failing to prepare for the pandemic is troubling, this is not an isolated incident. The nursing home industry was extremely corrupt before Covid, and it will continue to be so for the foreseeable future.
What is the statute of limitations for Maryland nursing home negligence cases?
The statute of limitations for Maryland nursing home negligence lawsuits is three years. This means you generally have three years from the date of the most recent negligent act to file a claim. However, in some cases, residents may have longer to file a claim if, due to their health, they were unaware of the staff’s negligence. An experienced personal injury attorney can assist families in determining whether they can still pursue a claim.
Addressing Nursing Home Neglect Through the Court System
Nursing home residents and their loved ones can seek relief for nursing home abuse or neglect by pursuing medical malpractice claims with the help of a qualified attorney. If you or someone you love has recently suffered an injury or died as a result of negligent care at a nursing home in Maryland, Virginia, or Washington, DC, the attorneys at Lebowitz & Mzhen can help you seek damages for your loss. Our qualified nursing home neglect and medical malpractice lawyers have secured tens of millions of dollars in awards from nursing homes. If you have questions about a possible case, contact us at 800-654-1949 to schedule a free and confidential consultation with one of our attorneys today.