Maryland Nursing Home Lawyer Blog

Recognizing Abuse and Neglect in Maryland Nursing Homes

May 22, 2021 | Lebowitz & Mzhen

When we send our loved ones to nursing homes, we expect to be able to trust that the facility is taking good care of them. Abuse and neglect in Maryland nursing homes, however, is more common than you may think. For many elders, suffering in silence is common because they may require 24-hour care or are afraid to speak up. When such abuse takes place, those who are responsible must be held accountable.

According to a recent news report, a local state Attorney General announced her plans to assemble a team of agents who will make unannounced visits to local nursing homes to investigate potential cases of abuse and neglect. Based on complaints, performance metrics, and other data on nursing homes, the team will decide which nursing homes to visit. By proactively taking a deeper dive into this area, the initiative could address criminal activity that stemming from abuse and neglect of elders that often takes place in nursing homes undetected. Unlike the state’s licensing and regulatory affairs branch—which already oversees nursing homes for licensing violations—this task force will focus on abuse and neglect violations. The goal, according to state officials, is to ensure that substandard care is eliminated in long-term health care facilities like nursing homes and that potential abuse is addressed.

How Common Is Elder Abuse in Maryland Nursing Homes?

In Maryland, elder abuse and neglect in nursing homes is all too common. With more than 24,500 nursing homes in the state and a growing aging population, the issue will only become more amplified in the future. Nursing home residents, who often need round-the-clock care and support, rely on staff at these facilities to ensure that they can continue to have the best quality of life possible. When abuse takes place, it is crucial that you know what steps to take to protect your loved ones.

Keeping Your Loved Ones Safe in a Maryland Nursing Home

May 14, 2021 | Lebowitz & Mzhen

As our loved ones get older, the process of finding and choosing a nursing home can be both taxing and challenging. With so many options available and various factors to consider, it can often feel overwhelming. Not only do you have the responsibility to ensure that all of your loved one’s needs are met, but also that they feel safe, respected, and well taken care of in their new home.

How Can Families Ensure Residents in Maryland Nursing Homes Remain Safe?

Elder abuse and neglect are common in nursing homes and can be hard to identify until it’s too late. Sometimes, even nursing homes that receive high ratings have occurrences of elder abuse. Thus, it is crucial that you are thorough, diligent, and alert when deciding on a nursing home. Below are a few things to keep in mind when selecting a nursing home for an aging loved one.

Proposed Nursing Home Reforms Highlight Prevalence of Abuse and Neglect Affecting Maryland Residents

May 6, 2021 | Lebowitz & Mzhen

Over a year into the COVID-19 pandemic, some states are proposing—and passing—reforms to address the issues prevalent in Maryland nursing homes and those across the country. New York state recently passed a law set to be signed into law that would require for-profit nursing homes to spend at least 70% of revenue on direct patient care. In addition, any profits over 5% would be given to the state. The law would direct 40% of a nursing home’s budget to be spent on staff who work directly with residents. A law professor commented that a state immunity law that was recently repealed had allowed homes to engage in practices that created “unreasonable risk to residents.” One family member whose husband, a Navy veteran, was a resident in a nursing home said that he had not been given a shower in weeks.

Maryland lawmakers have considered a reform bill that would impose additional requirements on out-of-state nursing home purchasers, along with other reform bills. The bill would require state inspections after owners from outside of Maryland purchase nursing homes in the state. The bill would require unannounced inspections three and six months after the purchases are made.

Nursing home residents in Maryland continue to be at risk for abuse and neglect by staff members, medical providers, and other residents. Abuse may be physical, sexual, emotional, or financial. Signs of abuse can vary but could include unsanitary living conditions, broken bones, unexplained injuries, a history of repeated injuries, fear of certain people, bedsores, missing property, and missing funds. Neglect can be more difficult to detect in some cases, but it could include a lack of mobility, poor personal hygiene, and psychological distress.

What Rights Do Nursing Home Residents Have in Maryland?

April 27, 2021 | Lebowitz & Mzhen

Even if a family has to rely on a nursing home to care for a loved one, the resident still has rights that must be protected by the facility. Maryland nursing home residents have the right to live in a safe environment, free from abuse and neglect. Abuse includes physical and sexual abuse, as well as mental abuse and verbal abuse. Residents also have the right to participate in their health care and treatment to the extent possible. They have the right to consent to or refuse treatment and to be fully informed in advance about treatment and any proposed changes in treatment. They have the right to privacy to make private phone calls and to write and receive mail that will not be opened by anyone else.

Which Government Entity Oversees Maryland Nursing Homes?

In Maryland, the state’s Office of Health Care Quality monitors care in health care facilities across the state. Anyone who suspects abuse or neglect should report it to the Department of Health’s Long Term Care Unit. Federal regulations also require nursing homes to have policies and procedures in place to prevent abuse, neglect, and exploitation and to investigate and report allegations of abuse. But even in cases where no charges are filed against the facility or staff members, injured residents or their families may be able to file a Maryland nursing home lawsuit against the facility. In a negligence case, a plaintiff must demonstrate that the nursing home failed to meet its duty to adequately care for and protect the resident from abuse. Examples of nursing home neglect cases are failing to maintain sanitary living conditions and failing to maintain a resident’s personal hygiene, which can cause serious illness in some residents.

Filing a Negligent Hiring Claim Following Instances of Maryland Nursing Home Abuse

April 20, 2021 | Lebowitz & Mzhen

In cases where a Maryland nursing home resident has been the victim of abuse or neglect, victims may be able to file a lawsuit against the facility for the negligent hiring of the abuser. The facility may be liable for negligently hiring a staff member or an independent contractor in some circumstances.

In a Maryland negligent hiring claim, a plaintiff must show that the defendant owed the plaintiff a duty, that the defendant breached that duty, that the defendant’s breach caused the harm suffered, and that the plaintiff suffered damages. More specifically, in a negligent hiring claim, to show causation, the plaintiff must establish that the employer’s failure to undertake a reasonable inquiry resulted in the hiring of the employee or contractor and that the defendant’s hiring was a proximate cause of the plaintiff’s injury. This means that the quality that makes the employee or contractor incompetent or unfit must be the cause of the plaintiff’s harm.

What Are a Nursing Home's Obligations to Provide Safe Staff Members?

In general, an employer has a duty to exercise reasonable care in selecting an employee or contractor that is competent and suitable for the work assigned to them. The defendant’s duty to do so is extended to people who one would reasonably expect to come into contact with the employee or contractor. For example, a nursing home might be liable for negligent hiring if the facility fails to do a background check that would have revealed that an applicant had criminal convictions for sexual abuse if the applicant then goes on to sexually abuse a resident. The same might be true for an applicant with a history of theft if the applicant would have un-monitored access to residents’ belongings. Unfortunately, circumstances such as these do occur. One case recently settled after a disabled resident was sexually abused by a staff member.

Maryland Considers Immunity for Nursing Homes as Some States Roll Back Protections

April 13, 2021 | Lebowitz & Mzhen

New York state recently passed a law that revokes the immunity of nursing homes from liability for decisions concerning the COVID-19 pandemic, according to a recent article. Over 15,000 residents and staff died in nursing homes, assisted living facilities, and other long-term care facilities in that state. New York had originally passed a bill granting immunity to nursing homes during the pandemic, preventing residents and their families from suing nursing homes in court for an injury or death based on negligence. Meanwhile, Maryland has considered increasing immunity for COVID-related injuries.

In January of this year, the state Senate introduced a bill that would expand immunity from claims based on COVID-19. As introduced, it would protect anyone who acts in compliance with certain regulations, statutes, and orders (including Maryland nursing homes and long-term care facilities). However, the bill would not protect people who act with gross negligence or intentional wrongdoing. The Senate bill remains pending, and a similar bill was introduced in the House. Proponents’ of New York’s law argued that the immunity protected nursing homes that made decisions even in bad faith.

Are Nursing Home Immune from COVID-19 Claims?

Under Md. Code Ann. Pub. Safety section 14-3A-06, a healthcare provider is shielded from liability if the healthcare provider acts in good faith while there is a “catastrophic health emergency” proclamation. This law was in place before the COVID-19 pandemic. Even if Maryland’s proposed bill becomes law, facilities must follow state and federal guidelines to receive immunity. As of March 1, 2021, under a Maryland directive, licensed nursing homes must comply with the guidance on COVID-19 issued by the U.S. Centers for Disease Control and Prevention, U.S. Centers for Medicare and Medicaid Services, and the Maryland Department of Health. If a resident or staff member tests positive for COVID-19, all residents who have not tested positive for COVID-19 within the previous 90 days must be tested. Maryland has had more than 30,000 COVID-19 cases in nursing homes and over 3,500 deaths in nursing homes, group homes, and assisted living facilities.

Nursing Home Neglect Occurs Right Here in Maryland More Often Than Most Realize

April 6, 2021 | Lebowitz & Mzhen

The Human Rights Watch (HRW) works to investigate, expose, and change human rights violations throughout various parts of the world. Although many people mistakenly believe that the most egregious cases of abuse happen in distant parts of the world, some of the most disturbing abuse cases occur in the United States. Many of these human rights violations involve Maryland nursing homes and assisted living centers for older adults and those with disabilities. A recent report by the HRW revealed that neglect and prolonged isolation of those in nursing homes might have resulted in severe harm to residents.

Reports from independent monitors and interviews from more than 60 people revealed that many nursing home residents suffered dehydration, acute weight loss, bedsores, mental and physical decline, poor hygiene, and inappropriate use of psychotropic medications during this last year. HRW attributes these conditions to inadequate staffing during the pandemic and lack of family oversight because of visitor restrictions. In many cases, family members alert authorities to neglect and abuse occurring at these facilities. Without this additional safeguard, many residents suffered long-term abuse and neglect over the past year.

A researcher at HRW explained that before the pandemic, the government failed to ensure the safety of nursing home residents adequately. The pandemic reflects that these long-standing failures came at a high cost to families. Reports indicate that nearly 40% of COVID-19 deaths occurred at nursing homes. However, these numbers reflect only a portion of the toll that the pandemic took on nursing home residents. Despite the concerns regarding Maryland nursing home residents’ treatment, many laws shield nursing homes from liability for their negligence.

Maryland Nursing Homes Residents May Be at Increased Risk for Neglect Due to Pandemic

March 26, 2021 | Lebowitz & Mzhen

As Maryland nursing homes and nursing homes across the country shut their doors to the public during the COVID-19 pandemic, many people worried how it would affect the residents’ care. Without visits, families may not be able to observe their loved ones up close and speak to them in private. In addition, Maryland nursing homes have struggled with staff shortages during the pandemic, and the Centers for Medicare & Medicaid Services (CMS) also suspended certain investigations during the pandemic.

During the pandemic, there have been reports of an increase in reports of neglect in nursing homes. Some families claim that the pandemic has put their loved ones at risk because they cannot monitor their loved one’s care and well being. It can be difficult to detect neglect in some cases, especially without the ability to visit a resident in person. Many residents have underlying health issues and may not understand or express that they are being neglected. Families can still look for signs of neglect such as poor personal hygiene, lack of mobility, unexplained injuries, changes in appearance, and psychological distress. If a resident has been the victim of abuse or neglect, the resident or the resident’s family may be able to file a claim against the nursing home for negligence. After a resident’s death, a family can also file a claim for wrongful death.

Virginia Nursing Home Investigated for Neglect After Police Reports Filed

Nursing Home Rating System Masks Problems in Maryland Nursing Homes

March 18, 2021 | Lebowitz & Mzhen

The U.S. Nursing Home rating system was introduced twelve years ago, providing for ratings from one to five stars. It was meant to provide a way for people to evaluate and compare nursing homes for their loved ones. However, an investigation by the New York Times recently revealed that the rating system is not an accurate reflection of the quality of care given at a nursing home. The investigation found that many nursing homes have manipulated the system to improve their ratings and hide problems, raising serious concerns for Maryland nursing home residents.

The rating system is based on a combination of self-reported information and on-site inspections. The investigation found that the information submitted to the Centers for Medicare & Medicaid Services (C.M.S.) is often wrong, making facilities appear cleaner and safer, and that the government rarely audits the data provided through self-reporting. Accidents and health issues are often unreported, it also found. Abuse and neglect were discovered through inspections at five-star facilities, but the inspectors rarely found the infractions serious enough to lower the ratings. A previously conducted study from the University of Chicago found that nursing homes did not report about 40 percent of residents who were hospitalized after serious falls.

It also found that the nursing homes were not prepared for the pandemic in part because the rating system allowed them to ignore staffing requirements and infection-control deficiencies. Over 13,000 nursing home residents have died due to COVID-19. The Times found that residents at five-star facilities were about as likely to die due to COVID as residents at one-star facilities. At some nursing homes with five-star ratings, “residents developed bed sores so severe that their bones were exposed.” The son of a resident at a five-star facility on Long Island who died from COVID-19 in the spring believed that the facility was short-staffed or overcrowded because before contracting COVID-19, his mother was moved from a private room into one with other residents.

Holding Maryland Nursing Homes Responsible for Sexual Abuse

March 11, 2021 | Lebowitz & Mzhen

Maryland’s nursing home residents are some of the state’s most vulnerable people. Many families place a loved one in a nursing home when they are no longer able to care for themselves, are aging or disabled, and need regular assistance with daily life activities. When families decide to place a loved one in this type of care, they almost always believe they are doing the best thing for their loved one’s health and well being. That is one of the reasons why nursing home abuse and neglect can be so devastating—families who just wanted to protect their loved ones feel betrayed and shocked to discover that they were facing harm in their nursing home. Particularly traumatic are occurrences of sexual abuse in nursing homes. But, unfortunately, such abuse does occur, in Maryland and across the country.

Sometimes, this abuse is perpetrated by a staff member or caretaker employed by the nursing home to take care of residents. In these cases, Maryland families should remember that they usually have the option of filing a lawsuit against both the staff member and the nursing home. But sometimes, the abuse occurs within the nursing home but not by someone employed by the nursing home—another resident, for example. Recently, this issue came up in a New York nursing home. According to a local news report, state officials cited the home for failing to report instances of sexual abuse. The nursing home discovered that at least three residents were sexually abused by another resident, some on multiple occasions, but did not report these crimes.

While holding the nursing home liable in this case may appear more complicated, since no one employed by the home actually perpetrated the abuse, this case illustrates the important potential for holding nursing homes responsible for being negligent and neglecting to take certain actions. Here, Maryland state law may allow a cause of action for the abused victims (or their families, suing on their behalf) to hold the nursing home accountable for negligence in allowing the abuse to happen multiple times and for their failure to report the crimes or take further preventative action.