Maryland Nursing Home Abuse Lawyer
When we leave our elderly loved ones or the sick and infirm of our families in the care of a nursing home or assisted living facility, we do so expecting that the very best quality of care will be provided to our family member, spouse, or friend. Unfortunately, abuse of the elderly or infirm occurs at alarming rates. Personal injury claims provide individuals with the means to hold responsible parties accountable for such abuse and also may serve to prevent others from suffering the same, despicable treatment in the future. A well-qualified Maryland nursing home abuse lawyer can help victims of such abuse and their families seek compensation for the harms and losses they have suffered at the hands of their caretakers.
Types of Abuse in Nursing Homes
While the list of types of trauma that may be experienced by abusive treatment on the part of nursing home staff is a long one, there are three main categories of harm that are most often prosecuted in nursing home abuse lawsuits:
- Medical Malpractice
Under the definition of abuse, which has been determined to involve the “willful infliction of injury, unreasonable confinement, intimidation or punishment with resulting physical harm, pain, or mental anguish,” a boundless litany of unfortunate possibilities can surface. Specific types of nursing home abuse can include assault and battery, sexual abuse, and confinement/imprisonment or unnecessary use of restraint on patients.
The category of neglect is different from abuse, which is generally considered ill treatment or neglect with intent, and is characterized by the failure of a caretaker to fulfill the obligations required for a person’s care. Neglect could involve failure to provide basic human needs such as food and water, failure of staff members to help prevent bed sores and infection (one of the most common complaints in nursing homes), or failure of the staff to alert medical personnel to a resident’s specific medical problems.
Medical malpractice is usually seen in cases where a doctor or medical practitioner does not provide the standard of care to a nursing home resident that is required by their field. Medical malpractice could include medication errors, surgical errors, and failure to diagnose a patient with a particular illness.
Maryland Law Specific to Nursing Homes
Nursing homes in the state of Maryland are monitored by The Department of Health and Mental Hygiene while the Code of Maryland Regulations require all licensed nursing homes to adhere to a set of rules and procedures. One of these regulations is that all nursing homes operating in the state are required to have set policies in place to prevent abuse and neglect of their residents. Just the failure to have these produces in place can be cause enough for a lawsuit to be filed at a specific nursing home or care facility.
As with every state in the U.S., Maryland has many resources in place that a resident and/or their family members can avail themselves of when they feel their needs are not being met or worse, they find out that serious abuse is occurring. Contacting the Ofﬁce of Health Care Quality is a great first step to airing concerns, as is consulting with an experienced personal injury attorney who can advise you on the process of filing a claim. Filing a personal injury suit in an effort to obtain compensation for nursing home abuses to either you or your loved ones is a good way for you to hold the abusive parties responsible for their negligent behavior.
What to Expect When Filing a Nursing Home Abuse Case in Maryland
It is important to be prepared with all of the necessary information about your case when attempting to pursue a personal injury case. A skilled personal injury attorney can help you to collect evidence, gather documents, and obtain expert testimony. Unfortunately, filing lawsuits in Maryland for nursing home abuse can be a time-consuming process and you might be embroiled in that suit for a very long time.
As a claimant, you can help your case to have the best chance for success by:
- Amassing all documents you can obtain. These include medical records, autopsy reports (if applicable), journals, letters, emails, even pictures/video showing physical damage caused by the abuse;
- Befriending nursing home staff that might be agreeable to testifying in court on your behalf; and
- Eliciting help and/or testimony from medical personnel.
Entrusting our loved ones to the care of nursing home staff and medical professionals is not an easy task, and finding out that a family member has experienced abusive or neglectful treatment while in the care of professionals is a traumatic experience. A personal injury claim can help abuse victims and their loved ones to recover damages suffered through such abhorrent treatment. A seasoned Maryland nursing home abuse attorney can help you gather all the information and intelligence required in order to have a successful personal injury claim, and guide you through the process from start to finish. Contact the skilled attorneys at our firm today for a free consultation if you or your loved one has suffered from abuse in a Maryland nursing home.