Nursing Home Malpractice and Abuse Lawyers

Maryland Attorneys for Nursing Home Abuse, Neglect and Malpractice

Background

You hear talk of a medical malpractice crisis in this country. Our lawyers think it is overblown. But what we definitely have is a nursing home crisis. Regrettably, it is extremely difficult to find a nursing home you can feel confident in leaving your parents in at this critical juncture of their lives.

The Government Accountability Office underscores this sentiment, finding that there has been a widespread “understatement of deficiencies” when it comes to this nation’s nursing home situations. Nursing homes are frequently inspected by home inspectors. But there is only so much that inspectors are ever going to be able to do. Far more often than we should, our Maryland nursing home lawyers hear reports of malnutrition, bedsores, prescription abuse and physical abuse of residents that goes overlooked.

With the rising number of “baby boomers” heading into their senior years, more residents are snursinghomelawsuithowing up at local nursing homes around the country. Within the state of Maryland alone, the number of reports regarding neglect and abuse are within uncomforting numbers.

To help limit the number of seniors placed in nursing homes that have no business caring for our elderly, a group known as the Members of the Family have their own list referred to as the “Nursing Home Honor Roll”. This list has only nursing homes that were identified directly by the Centers for Medicare and Medicaid Services for meeting the minimum government requirements for nursing home safety and care practices and have no listed violations or complaints within the past three years.

Identifying Deficiencies in Maryland Nursing Homes

Though these deficiencies vary from facility to facility, the most common complaints filed with the courts are for abuse, neglect, medical malpractice and premises liability..

Nursing Home Abuse

Nursing home abuse is the worst of these three. It is characterized by an evil intent or a reckless disregard for the safety of the patient. This is not a crime of incompetence. Nursing home abuse is a crime of “I don’t care.” The legal definition of “I don’t care” is defined by federal law as the intentional infliction of injury, assault and battery that can include both physical and sexual acts, imprisonment or unnecessary restraints, deprivation of essentials such as food and water, or the use of medication that was not specifically prescribed to the patient for use.

Nursing Home Neglect

The issue of neglect in a nursing home can involve neglecting a patient’s physical needs, the lack of prevention or treatment for bedsores, failure to alert a physician of medical problems, and failure to prevent things such as dehydration or malnutrition. Neglect is a form of abuse that is done with intent; therefore this is also a crime punishable under federal law. These acts of neglect can be performed by both the nursing staff and orderlies who are supposed to prevent physical and health related harm to those they provide care for.

Medical Malpractice in Nursing Homes

Though the issue of medical malpractice goes more unnoticed than the above deficiencies, it causes a lot of pain to a lot of nursing home patients. Many doctors that are employed by these deficient nursing homes are doctors whose greatest asset is that they do not charge the nursing home much for their services. We are not speaking of all doctors who treat nursing home patients. But there are doctors out there who treat nursing home patients like stops on an assembly line and ignore the needs of their patients and the essential care the patient requires.

Premises Liability Claims in Nursing Homes

Premises liability lawsuits account for 8% of nursing home liability cases. Why so many? They are all part and parcel of the underlying problem in nursing homes in Maryland: not enough people are paying attention to what should be done. The facility is not well laid out and the equipment is old and poorly maintained. Inadequate maintenance leads to deteriorating nursing homes and inoperable and unavailable equipment. These deficiencies lead to premise liability cases. It is amazing how many open and obvious trip hazards there are in nursing homes, the one place where people are most vulnerable to a slip and fall.

Maryland Nursing Home Settlements and Lawsuits

A company, Jury Verdict Research, did a study a few years ago and found that plaintiffs injured due to nursing home negligence receive a median compensatory award of $329,000. Incredibly, compared to the generally low rate of success in medical malpractice cases, juries awarded damages in 63 percent of nursing home personal injury trials. One quarter of these verdicts exceeded $1.1 million.

Contacting a Nursing Home Lawyer

     If someone you love has injuries or unknown origin, bed sores, a broken hip or frequent falls and you are suspicions of elder abuse or nursing home negligence, a personal injury lawsuit may be filed on their behalf. If you believe that you or someone you love has suffered a serious injury as the result of nursing home abuse or nursing home neglect, call our nursing home attorneys at 800-553-8082 for a free Internet consultation to discuss a potential lawsuit. There are no fees or expenses unless a recovery is obtained.

Finding a Nursing Home in Maryland: More Information
Problems in Nursing Homes
Nursing Home Lawsuits in Maryland: Samples and Explanation of Maryland Law