Maryland Nursing Home Lawyers

Penn Law Firm handles lawsuits against Maryland nursing homes concerning allegations of abuse, neglect, and malpractice. If your elderly relative suffered severe injury or passed away due to neglect or abuse at a nursing home, you have the option to pursue legal action against the facility to seek financial compensation.

In Maryland, plaintiffs in nursing home lawsuits have a notably high success rate, often leading to settlements before reaching trial. On this page, we will also look at the typical settlement payout amounts in nursing home lawsuits within the state.

When Can You Sue a Nursing Home in Maryland

Nursing homes (which includes assisted living, rehabilitation, and other elder care facilities) can be sued for negligence, abuse and malpractice and held liable for financial compensation. Lawsuits against nursing homes are relatively common. In fact, nursing homes gets sued all the time and they are very vulnerable defendants.

Not every incident or injury to an elderly patient renders a nursing home strictly liable. While some cases involve unavoidable illness or injury, many Maryland nursing homes unfortunately fail to provide the expected level of care and attention to their elderly residents. Instances of neglect or deliberate abuse are not uncommon in these facilities. Moreover, nursing homes might also be accountable for injuries or fatalities resulting from medical malpractice or poorly maintained premises. Lawsuits against nursing homes generally center on claims of abuse, neglect, medical malpractice, or property liability.

For a viable lawsuit against a Maryland nursing home, you must demonstrate two critical elements: (1) The nursing home provided care that was negligent. (2) The negligent care resulted in severe injury or death to a resident.

Establishing the first element often proves relatively straightforward in nursing home cases. Negligent care by a nursing home typically refers to any level of elderly care that falls below reasonable expectations for elder care facilities under the given circumstances. Statistics on nursing homes in Maryland and nationwide reinforce these concerns. In fact, federal regulations define nursing home neglect as the “failure to provide goods and services necessary to prevent physical harm, mental anguish, or mental illness” (42 C.F.R. § 488.301).

Types of Nursing Home Abuse and Neglect

Abuse and neglect within nursing homes manifest in various forms, often intersecting with each other. Commonly encountered categories of abuse and neglect evident in nursing home lawsuits are detailed below.

Neglect

Nursing homes bear the responsibility to vigilantly care for their elderly residents. Failure to provide proper care leading to injury can hold the nursing home liable. The critical consideration in neglect claims is the standard of care expected from the nursing home, which can vary based on the facility. Neglect claims commonly involve issues such as malnutrition, physical injuries due to falls, and bedsores.

Most lawsuits against nursing homes are based on allegations of neglect. Why? Because patient neglect is a chronic problem at almost all nursing home facilities. This systemic neglect is the result of a combination of understaffing and indifference. It is also the reason why nursing homes gets sued so frequently.

Abuse

Nursing home abuse involves intentional, wrongful actions directed at a patient, leading to physical or mental harm. Vulnerability among nursing home residents often makes them susceptible to different forms of deliberate abuse. Usually, abuse stems from nursing home staff, though instances of abuse by another patient can occur. Three primary types of abuse include:

Physical Abuse: This type encompasses a broad spectrum of severity, ranging from direct physical assault to excessive force. Examples include outright punching or assaulting a patient, as well as the inappropriate use of force on a challenging patient, such as restraining them excessively or administering unnecessary sedation routinely.

Mental Abuse: Mentally abusive behavior toward nursing home patients can take various forms and degrees, including verbal harassment, bullying, or threats. However, a lawsuit for mental abuse alone is challenging. Generally, lawsuits require accompanying evidence of physical abuse to substantiate the claim.

Sexual Abuse: Although instances of sexual abuse among nursing home patients are less frequent, they do occur. Detecting such abuse can be difficult, but if proven, it constitutes strong grounds for a lawsuit against the nursing home.

Identifying the specific staff member responsible for abuse is not always necessary to file a lawsuit against the nursing home. Although catching the perpetrator in the act solidifies the abuse claim, instances of unexplained injuries suffered by the resident during visits can also serve as evidence against the nursing home.

Neglect

Medical Malpractice

Nursing homes offer both living assistance and medical treatment to their patients. If a patient sustains injury during medical care, the nursing home could be held liable for medical malpractice. Unlike cases based on ordinary negligence or neglect, medical malpractice claims focus on whether the medical treatment adhered to accepted standards of care.

Nursing Home Premises Liability

Nursing homes can face premises liability lawsuits, which involve the responsibility of property owners to ensure their premises are safe. While slip and fall cases are common examples, nursing homes’ liability extends beyond slippery floors due to the unique needs of elderly residents. Premises liability for nursing homes covers a broader scope, considering that inadequate maintenance or flawed designs in these facilities pose a higher risk of injury compared to other locations.

For instance, consider a scenario where a nursing home hallway has a carpet with a pulled seam. In an ordinary office building, this might not pose a significant hazard as most individuals are unlikely to trip over it, and if they do, the chances of severe injury are minimal. However, the same pulled seam in a nursing home presents a higher risk. Elderly residents using walkers or canes are more susceptible to tripping over such hazards, potentially resulting in severe injuries.

Nursing Home Bed Sore Lawsuits

Neglect in nursing homes can lead to the formation of bed sores (also known as pressure sores or pressure ulcers) among residents. It’s one of the most common consequences associated with staff negligence, sometimes resulting in severe infections or even fatalities.

Immobility is a significant factor contributing to the development of bed sores in nursing home residents. These sores, known as ulcers, occur due to sustained pressure on the skin caused by immobility and inadequate nutrition. They can lead to areas of the skin becoming numb or causing discomfort.

The severity of bed sores is categorized on a scale from 1 to 4. Grade 1 bed sores are typical, characterized by redness on the skin, also termed decubitus ulcers, which often heal relatively quickly. Grade 2 ulcers involve compromised skin. Grade 3 bed sores indicate more noticeable skin compromise, requiring serious medical attention. Grade 4 bed sores signify an infected ulcer, demanding immediate medical care.

Treatment of bed sores usually involves surgical removal of tissue or specialized wound care. Regularly repositioning an individual in bed or encouraging mobility can prevent the development of bed sores. Adequate nutrition for nursing home residents is crucial in preventing these sores. However, the most effective prevention method is ensuring nursing homes have sufficient staff to provide high-quality care to residents.