Maryland Nursing Home Lawyer Blog
The statistics speak for themselves: Elder abuse in nursing homes is much too commonplace across Maryland… and the nation. Sadly, too, the trend is not only limited to second- and third-tier nursing facilities. As personal injury specialists, the attorneys at Lebowitz & Mzhen, LLC, are very familiar with the uncomfortable fact that seniors living in elder care facilities may be at greater risk of abuse, injury or death than their loved ones may know.
It’s so very unfortunate that a large segment of our aging population residing in nursing homes, elder care facilities and long-term care operations are likely to experience some kind of physical or mental abuse, or simply poor care or neglect at the hands of nursing home employees — and even medical professionals charged with their well-being. Again, this is not surprising to those who follow the elder care industry; studies by the National Council on Aging indicate that one in 10 American citizens 60 years and older have experienced some form of elder abuse — shockingly, more than 95 percent of incidents involving abused residents of assisted living facilities, long-term care operations and nursing homes typically go unreported.
Not long ago, a news story revealed some terrible facts surrounding the apparent abuse and ultimately the death of an elderly resident at the Hebrew Home of Greater Washington, located in Rockville, MD. The information came to light as part of a multiple-count wrongful death lawsuit filed by the estate of Sara McAlpin, who died at the age of 96 from complications related to a Stage 4 pressure ulcer (also known as a bed sore). Bed sores in patients who reside at elder care facilities are considered evidence of neglect and Ms. McAlpin’s medical condition featured one of the worst kinds of decubitus ulcers — a large open wound greater than “the diameter of a teacup” exhibiting exposed bone and damage to the tissues underneath.
Elder Care Abuse Claims Involving Bed Sores
While the term bed sore may not evoke a dire reaction in most people, physicians know that this kind of skin lesion can lead to a serious and sometimes life-threatening situation for many an elderly patient. These ulcers of the skin often develop in a hospital, long-term care or nursing home setting when a typically bedridden patient is not regularly turned. As a result, extended periods of pressure against certain parts of the body will cause reduced blood flow to the skin in that area, which can then lead to a breakdown and necrosis of those tissues.
Standard protocol in nursing homes and elder care facilities is to pay strict attention to residents who are immobile; these patients have a much higher likelihood of bed sores and, therefore, require a change of position every couple hours. A case such as Ms. McAlpin’s indicates that the nursing staff more than likely neglected to properly monitor the patient’s condition and/or reposition the individual to avoid the development of a decubitus ulcer and other, subsequent, complications related to that condition.
It is important to add that bed sores, though serious and potentially life-threatening if they are allowed to progress far enough, are completely preventable given proper care and attention; which makes this particular story all the more tragic and regrettable.
According to news reports, the seven-count complaint lodged against the Montgomery County nursing facility included accusations of substandard care, insufficient infection control, gross understaffing, and persistent and continuous cockroach and vermin infestations. The victim’s estate accused the facility of a failure to comply with federal and state regulations, as well as those of the Maryland Department of Health. It is sad to note that the victim, who was a career registered nurse and devoted her life to the care and comfort of those in need, suffered painful and ultimately fatal injury at the hands of some of those in her very own profession.
The federal government established the Nursing Home Reform Act (NHRA) of 1987, a “bill of rights” for residents of elder care facilities and nursing homes. In order to comply with NHRA rules and regulations, nursing homes must provide nutritious, wholesome food, as well as assistance with eating (when needed). Among other requirements laid out by the NHRA, nursing homes must ensure that residents remain properly hydrated and receive assistance with walking, bathing, toileting and other basic tasks, where necessary.
Similarly, the State of Maryland has recently been taking steps to directly address elder abuse. Last year, in July, Maryland’s General Assembly put in place the Task Force on Preventing and Countering Elder Abuse whose charge it is to study current laws and policies, as well as the practices that typically lead to elder abuse.
As Baltimore personal injury lawyers, the legal team at Lebowitz & Mzhen, LLC, is dedicated to helping victims of elder abuse and neglect recover damages arising from poor care or deliberate mistreatment at Maryland nursing homes and long-term care facilities. If a loved one has died because of abuse, or if they were seriously injured as a result of negligent care in a nursing home, you may be eligible to file a wrongful death claim or personal injury lawsuit.
Proving fault is key and the plaintiffs’ attorney will need evidence that negligence has occurred and has resulted in harm; this will typically come in the form of the victim’s medical records, as well as statements from witnesses who observed the abuse firsthand. As Maryland personal injury experts, our legal team builds every injury case with the full intent of litigating the claim in court, although many cases are settled without going to trial. While compensation for damages awarded in jury trials are typically greater than that of out-of-court settlements, the latter can be more desirable for elderly victims for whom a protracted court case might be very taxing physically and mentally.
Give Your Attorney Enough Time to Prepare Your Claim
It is important to point out that the statute of limitations for elder care abuse cases is usually three years from the date of a victim’s injury or death. While there are some exceptions, which a qualified elder care abuse lawyer will be able to confirm based on the particular circumstances, typically a claim filed after that three-year deadline runs the risk of being thrown out by the court.
A three-year deadline may seem a ways off, but for the best possible results you should involve a legal professional as soon as possible. This will be critical for the survivors should they wish to file a wrongful death claim — in situations where an elderly family member has died as a consequence of nursing home abuse or mistreatment, the eligible plaintiffs would include the victim’s children, and possibly the surviving spouse if still alive.
The attorneys at our law firm are available for a free, no-obligation initial consultation with victims of elder care abuse and neglect. Whether the injury took place in Baltimore, Prince George’s County, Montgomery County or any other part of Maryland or Washington, D.C., we are ready, willing and able to help you recover the monetary damages you rightly deserve under the laws of the state of Maryland. We understand that no amount of compensation can bring a deceased family member back, but the money from a successful wrongful death lawsuit can help a family cover the victim’s medical expenses prior to death, as well as pay for funeral expenses.
Lebowitz & Mzhen, LLC, is here to guide survivors through an often complicated legal process during what can be a difficult period. Please feel free to contact us for a no-cost, no-obligation initial consultation. We can be reached at (410) 654-3600, or toll free at (800) 654-1949. You can also get in touch with our team online to initiate a personal injury or wrongful death claim against a negligent nursing home or elder care facility. We are here to help.