After years of having your parents take care of you, the roles reverse, and they now need a little help getting through the day.
One of the most supportive and loving decisions you can make for your parents’ care is to set them up in a licensed nursing home where they will be monitored around the clock, and all their medical and daily care needs will be met.
Currently, there are approximately 220 nursing care facilities across Maryland, with around 21,000 residents. Unfortunately, there is also a current staffing crisis in the state, with projections that, in the coming years, only 80% of nursing homes will be fully staffed.
When a nursing home is understaffed, it increases the risk of residents suffering from abuse.
There are systems in place that help families lodge a formal complaint against a nursing home, but by then, the abuse might have been going on for quite some time. At that point, you should consider your legal options for a resolution and compensation.
That’s when you want to involve an experienced Greenbelt nursing home abuse lawyer.
The skilled attorneys at GDH Law have helped many families confront nursing homes over instances of abuse. This is a type of personal injury that demands swift action in order to protect your loved one’s interests.
An allegation of abuse against a nursing home is an extremely serious charge. That’s why it is important to understand the full scope of what constitutes abuse and what rights residents have. The following guide can provide that information.
Recognizing Nursing Home Abuse in Greenbelt Facilities
Transitioning a loved one into a nursing home facility helps support them and your family in many positive ways. You’ll know that they are being watched over, and that is a huge stress relief. Even though they are receiving support for their daily needs, you still have an important role to play as their primary caregiver.
Each visit with your loved one gives you the opportunity to check in and see how they are doing and whether the nursing home is fulfilling its obligations. It is important that you keep an eye out for any signs of abuse that could show up in the following manner:
Physical Abuse
Signs of physical abuse can include any unexplained injuries, wounds, cuts, welts, or bite marks.
Neglect/Negligence
The presence of pressure ulcers, or bedsores, can be a primary indicator of neglect. Signs such as rapid weight loss, dehydration, and filthy conditions can also indicate neglect.
Sexual Abuse
Signs of sexual abuse might be harder to detect until certain tests are taken to reveal genital infections or unexplained sexually transmitted diseases (STDs). You can also look for torn or bloody undergarments.
Emotional and Verbal Abuse
If your loved one has a sudden change in their personality and begins to exhibit fear or agitation against a staff member, it could indicate that the staff member is emotionally or verbally abusing them.
Financial Abuse
You also have to keep an eye out for any missing personal property. If your loved one still has access to bank accounts or credit cards, you need to carefully monitor any missing funds or unexplained purchases.
If you see any of these signs, it is important to document them and report them. There could be a reasonable explanation, but it shouldn’t be ignored.
Your Legal Rights Under the Maryland Bill of Rights for Residents
When you enroll your loved one into a nursing home, you will be presented with a contract that spells out the terms and obligations of the facility to provide care for each resident. In addition to the facility’s contract, the state provides a Bill of Rights for nursing home residents that codifies specific rights.
As detailed in the Bill of Rights, every resident is entitled to:
- Be treated with consideration, respect, and full recognition of human dignity and individuality
- Receive treatment, care, and services that are adequate, appropriate, and in compliance with relevant state and federal laws, rules, and regulations
- Privacy
- Be free from mental and physical abuse
- Provided with notice, procedural fairness, and humane treatment when being transferred or discharged from a facility
- Participate in decision-making regarding transitions in care
- Expect and receive appropriate assessment, management, and treatment of pain
- Be free from physical and chemical restraints, except for restraints that a physician authorizes for a clearly indicated medical need
- Receive respect and privacy in a medical care program
- Manage personal financial affairs
If any of those rights are violated, it is essential to report the incident as soon as possible.
How to Report Nursing Home Abuse in Prince George’s County
Any sign of abuse, no matter how severe, should be reported immediately. For residents in nursing homes within Prince George’s County, these are the reporting options:
- Adult Protective Services (APS): 301 909-2000
- Maryland Office of Health Care Quality (OHCQ): 410 402-8108 or email nh***********@******nd.gov
- Long-Term Care Ombudsman Program: 301-265-3369
- Medicaid Fraud Unit: 1-888-743-0023
- Police Departments: Report physical or sexual assault directly to the local police.
Proving Liability in a Greenbelt Nursing Home Lawsuit
If your loved one has been subjected to any type of abuse, you and your Greenbelt nursing home abuse attorney will need to establish the four key elements of liability.
Those elements include defining the expected standard of care and the manner in which that standard was breached. You then need to demonstrate causation between the breach and your loved one’s injuries or suffering. Finally, you need to provide evidence of any damages that should be compensated for.
The only way to build a strong claim is with the following types of evidence:
- Medical records and photos that can document any incidents of bedsores, injuries, or sudden weight loss.
- Facility documentation, such as internal incident reports, staff training records, and inspection records.
- Witness statements from other residents, visitors, or former employees that support your allegations.
- Expert testimony from medical professionals to prove that the standard of care was not met.
Compensation Available for Victims of Elder Abuse and Neglect
When a member of a nursing home staff engages in abusive practices, that person and the facility itself can be held liable. If abuse or neglect has occurred, you may be entitled to pursue compensation through a legal claim. These damages are intended to hold the facility accountable. They also help ensure your loved one receives the proper care and support they deserve moving forward.
Compensation in a Greenbelt nursing home abuse case may include coverage for medical expenses related to any type of injury, required hospital stays, medications, rehabilitation, and ongoing medical care. You are also entitled to seek damages for pain and suffering that include emotional distress, and loss of dignity your loved one might have had to endure.
In the worst possible scenario, negligence can lead to wrongful death. If that occurs, the surviving family is entitled to seek compensation for funeral expenses, loss of companionship, and any additional financial losses. When it can be demonstrated that the facility acted especially egregiously, you might be entitled to punitive damages. These are only awarded in a lawsuit and are meant to punish the facility and discourage similar acts of negligence in the future.
The compensation you receive could help you relocate your loved one to a safer facility. That is why it is vital to act immediately and speak to an attorney to understand all your options.
Frequently Asked Questions About Nursing Home Abuse
What is the statute of limitations for nursing home abuse in Maryland?
In Maryland, you generally have three years from the date the injury occurred or was discovered to file a personal injury lawsuit for nursing home abuse. However, specific circumstances can alter this timeline, so it is critical to consult with a lawyer as soon as possible.
Can I sue a Maryland nursing home for a loved one’s bedsores?
Yes, bedsores (pressure ulcers) are often considered a sign of medical neglect and improper care. If a facility failed to follow proper turning protocols or nutrition plans, it could be held liable for the resulting injuries and complications.
What should I do if I suspect immediate danger to a resident?
If a resident is in immediate physical danger, call 911 or local Greenbelt police immediately. Once the resident is safe, document the injuries with photos and contact the Maryland Department of Health to file an official regulatory complaint.
How a Greenbelt Nursing Home Abuse Lawyer Supports Your Claim
Filing a complaint against a nursing home is supposed to generate an immediate response and correction. Unfortunately, that response might involve a denial or unsatisfactory answer. Meanwhile, your loved one’s care is at stake. That is why you want to involve GDH Law at the first sign of trouble.
We are a team of experienced Greenbelt nursing home abuse lawyers who provide a rapid response to families who suspect their loved one is being harmed. Whether that harm is intentional or due to a lack of training or adequate staff, the abuse needs to stop immediately, and the facility needs to be held accountable.
If we agree to become your family’s advocate, we will ensure that all the proper authorities are contacted and that the complaint is filed with them. We’ll also conduct a thorough investigation that may include reviewing medical records, obtaining staffing schedules, analyzing inspection reports, and consulting with medical experts.
If the alleged complaint rises to the level of an actionable cause, GDH Law can take over all communication with the facility’s insurance company and administrators. Our mission is to protect your loved one’s interests and ensure this behavior is ended. We will also seek fair compensation to make up for any losses or pain and suffering your family member endured. This can either be managed through negotiations or through a civil lawsuit. Either way, we will be by your side until the matter is resolved.
If you suspect nursing home abuse or neglect, do not wait to take action. Contact GDH Law today to speak with a Greenbelt nursing home abuse lawyer and schedule a confidential consultation. We are ready to help you protect your loved one, investigate the situation, and pursue the compensation your family deserves.
