Maryland Nursing Home Lawyer Blog

Maryland Nursing Home Abuse Lawsuit Following Patient Sepsis

July 10, 2021 | Lebowitz & Mzhen

According to recent statistics from the National Institutes of Health, sepsis and septic shock claimed more lives than lung cancer, breast cancer, and heart attacks. Sepsis tends to affect older adults, especially those who are experiencing ulcers and active infections. While some cases of sepsis are unavoidable, many results from Maryland nursing home abuse or negligence.

What Are the Risks of Sepsis?

Sepsis poses a significant threat to nursing home residents, as many residents suffer from the comorbidities associated with this medical condition. This life-threatening condition occurs when the body is fighting off a fungal, bacterial, or viral infection. The body responds by releasing chemicals into the bloodstream. While this natural mechanism can successfully fight off infections, it can also cause vulnerable individuals to experience a sudden chemical imbalance. This imbalance can result in sepsis or septic shock. If medical providers fail to treat sepsis immediately, the condition can cause permanent organ damage and death.

Maryland Nursing Home Abuse Cases Stemming from Negligent Hiring

July 1, 2021 | Lebowitz & Mzhen

Maryland nursing homes and assisted living facilities are tasked with caring for some of the most vulnerable people in our society. Families often place their loved ones in the care of these facilities to ensure that their relatives get the critical care they require after a medical event or during the end stages of their lives. These facilities carry a significant amount of responsibility, and the failure to meet appropriate standards can have disastrous consequences on their residents.

Administrators, medical professionals, and other staff members who fail to provide residents with appropriate care may be responsible for the injuries and losses the victim encounters. Many Maryland nursing home abuse and negligence cases stem from the facility’s negligent hiring and retention practices. For example, a state Attorney General’s office recently reached a $90,000 settlement with a nursing home following the facility’s emergency response failures and negligence. According to the announcement, the facility neglected a resident, which resulted in death. Further, the settlement addressed the nursing home’s failure to comply with standard safety regulations and staff competencies. The settlement requires the nursing home company to distribute the funds to a Long-Term Care Facility Quality Improvement Fund. This fund will allow nursing homes to improve the quality of care they provide to residents by ensuring staff competencies and ongoing training.

When Does Negligent Hiring Come into Play in a Nursing Home Lawsuit?

Negligent hiring claims are relevant when an employer is responsible for failing to engage in a thorough background screening of their employee. Plaintiffs asserting these claims must establish that the employer’s failure to engage in reasonable steps led to the hiring or retaining an incompetent and potentially dangerous employee. Nursing home administrators should conduct a full background check before hiring an employee. These background checks may include reference checks, verification of licenses and educational training, and drug testing.

Former Nursing Home Manager Pleads No Contest to Recklessly Endangering Residents

June 24, 2021 | Lebowitz & Mzhen

Most people assume that when they place their loved ones in a Maryland nursing home, they will be well taken care of. But unfortunately, nursing home abuse and neglect is rampant not just in Maryland but across the nation. For instance, one Pennsylvania nursing home recently made headlines when, partially as a result of inadequate staffing, residents were severely neglected and three even died. Recently, the former manager of the home pleaded no contest to recklessly endangering residents, in a shocking story that highlights how sinister nursing home neglect can be.

The misdemeanor charges stem from incidents in 2017, when a state health department inspection, prompted by five complaints, found severe neglect of residents in the home. One patient had “wounds that went down to the bone with exposed tendon.” The facility was severely deficient in caring for wounds, clearly, but also failed to respond to residents who suffered significant weight loss due to not eating, and inadequately responded to acute changes in residents’ medical conditions. One man told reporters that when his brother, who had soft-palate cancer, stayed in the facility, he was repeatedly forced to go eight to sixteen hours without any pain medicine because the facility ran out. The findings of the inspection were so shocking, in fact, that the state health department revoked the facility’s license—a rare step—and installed a temporary manager.

One suspected reason for the neglect? Inadequate staffing.

Maryland Assisted Living and Nursing Home Sexual Abuse Lawsuits

June 17, 2021 | Lebowitz & Mzhen

While nursing home abuse has steadily increased over the last two decades, sexual abuse in nursing homes goes underreported. Like sexual abuse in other settings, Maryland nursing home residents experiencing sexual abuse may be reluctant to report the conduct for fear that others won’t believe them or that they will face retribution. Although other forms of abuse outnumber sexual abuse at nursing homes, these instances can be severely psychologically and physically damaging to the resident and their family members.

The physical signs of sexual abuse are not as apparent to friends and families compared to other forms of abuse and neglect. However, sexual abuse can result in serious emotional, physical, and psychological trauma. Any unwanted romantic or sexual conduct may amount to sexual abuse. Vulnerable individuals residing in these facilities may not be able to consent or defend against these instances effectively.

Who Is Most Likely to Commit Nursing Home Sexual Abuse?

Many people may perpetrate these crimes against residents in nursing homes. The most likely abusers are staff members such as aides and nurses, fellow residents, and even visitors. Nursing home staff have the most access to the residents and are most knowledgeable about the victim’s ability to communicate what is happening to them. Other common perpetrators are facility residents. This often occurs when the resident suffers a psychiatric disorder or a history of sexual abuse. Finally, visitors, including family members and those on-site for another reason, may sexually abuse residents. Nursing home administrators should take steps to ensure their residents receive protection from those who may have the propensity to abuse others.

Understanding Elder Abuse and Neglect in Maryland Nursing Homes

May 31, 2021 | Lebowitz & Mzhen

Making the decision to send your loved ones to a nursing home can often be an incredibly challenging process. Beyond finding the right place, there’s also the fear that they won’t be treated well—or worse, that they could experience abuse or neglect. During the pandemic, when many of us have been separated or unable to visit our loved ones in nursing homes because of health concerns, our worries are only amplified. Thus, when abuse and neglect of our seniors takes place, those who are responsible can be held accountable through a personal injury lawsuit.

According to a recent news report, a jarring case of elder abuse is raising awareness for the frequency of potential neglect taking place during the pandemic. After a local elderly woman fell in her home and broke her femur in late 2020, she was transferred to a nursing facility. Her son, who was unable to visit her for some time because of COVID-19 restrictions, said that his mother was “in deplorable condition” when he finally saw her. In the two months that she was at the facility, she was abused, lost weight, and developed a multitude of health problems. The woman’s tongue was black, she had missing teeth, and her toes were orange. Her bedding, her son recalled, was soiled and still wet. Local authorities report that the incident is an active police investigation.

To truly play a proactive role in understanding, preventing, and addressing elder abuse and neglect, knowing common signs or clues of abuse and neglect is crucial. Abuse can take various forms, including physical abuse, physical neglect, psychological abuse, or financial neglect and exploitation.

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.