Maryland Nursing Home Abuse Questions & Answers

Q: Aren't bedsores always a sign of nursing home abuse? The home where my mother is residing says no, but I can't be sure

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on May 26, 2017
Ronald V. Miller Jr.'s answer
Not always. Bedsore can occur. The question is how the nursing home deals with the bedsores. It is rare that a significant life-threatening bedsore will occur in the absence of negligence.

Q: How can I prove that my aunt shouldn't have been walking alone before she experienced a severe fall at her nursing home?

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on May 26, 2017
Ronald V. Miller Jr.'s answer
Tough question to answer without more facts. Why should she not have been walking alone? Did the nursing home assess her as a fall risk?

Usually, when these cases are won it is because the nursing home failed to follow their protocols (or what should have been their protocols) by properly assessing the resident and taking the appropriate precautions.

Q: Can a nursing home restrict family visits against a resident's will?

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on Apr 7, 2017
Ronald V. Miller Jr.'s answer
We are going to need a lot more details to answer this question.

Q: I put a hidden camera in my grandma's nursing home room and have proof of her abuse, but the nursing home says the video

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on Jan 28, 2017
Bennett James Wills' answer
Could possibly be an illegal violation of Maryland wiretap laws. Consult local counsel.

Q: What are the first steps to take if you suspect inadequate care at a relative's nursing home?

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on Jan 12, 2017
Ronald V. Miller Jr.'s answer
This is a pretty broad question. First, I would look at the nursing home itself. How do the Medicare ratings look? Second, I think you research the deficiencies you are concerned about. Then I would talk to the resident about the concerns, if possible. You can ask to review the medical chart if you are authorized to do so. You can also ask for a meeting with the nursing home to let them know there are concerns. Finally, you can call the state authorities.

Which of these makes...

Q: Is my father's nursing home required to have a specific number of staff?

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on Dec 19, 2016
Ronald V. Miller Jr.'s answer
Yes. Nursing Home Reform Act places minimum staffing levels. the staffing depends on the size of the facility. You can also look at the Medicare rankings to see how your father's nursing home compares in terms of level of staffing.

Q: My dad started getting sores on his back and legs a couple months after being moved to an assisted living facility.

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on Dec 11, 2016
Jack D. Lebowitz's answer
You would start by getting the medical records and having them reviewed by a medical expert to determine if your dad was getting proper medical and nursing care, and if the bed sores or ulcers were as a result of substandard care. Another issue will be whether your father's medical needs exceeded the level of care available in an assisted living home. It may be that you father's needs would be more properly served in a nursing home. Very generally speaking, the level of nursing care expected...

Q: Are there limitations to the rights that nursing home residents have? Does it vary based on the individual nursing home?

2 Answers | Asked in Nursing Home Abuse for Maryland on
Answered on Dec 1, 2016
Vadim A. Mzhen's answer
I am not sure what specific rights your question addresses. Generally speaking, a nursing home resident has the right to be provided with nursing care that meets the accepted standard of care for nursing facilities. Whether that standard of care is violated depends on the specific facts of every situation.

Q: Is nursing home neglect different from nursing home abuse?

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on Nov 23, 2016
Jack D. Lebowitz's answer
Typically, those two terms are used interchangeably and indicate medical and nursing care that fall below the accepted standards of care due to carelessness and lack of attention by the professional nursing home staff.

Q: Is it preferable to go through civil or criminal court if I want to sue a nursing home for not properly caring

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on Nov 16, 2016
Jack D. Lebowitz's answer
Typically, where there exists basic substandard nursing and medical care at a nursing home that causes injury to a resident, the remedy is obtained through a civil case, as opposed to a criminal case. One of the reasons for this is that it is unlikely that the nursing home intentionally hurt your husband.

Q: Is it ever possible to get out of an arbitration agreement that a nursing home resident signed after they've passed away

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on Nov 11, 2016
Jack D. Lebowitz's answer
I am not sure I understand the question. Of course, a dead person cannot sign a document, and any suggestion by a nursing home that someone has signed a document after dying raises issues, such as the potential of fraud. More generally, the enforceability of arbitration clauses is determined based upon many factors, and indeed, within the last several months, there has been a important appellate decision that provides guidance on this issue.

Q: My husband was admitted to the hospital with pneumonia and then subsequently transferred to rehab --

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on Nov 4, 2016
Vadim A. Mzhen's answer
I am sorry to give you a stereotypical lawyer answer, but whether or not your husband has a claim for injuries against the rehab facility depends on many details. I assume that it was the second fall that caused the injuries that sent your husband to ICU. In order to bring a valid claim, it would need to be shown that the second fall occurred as a result of negligent care by the facility. Whether or not that is so depends on the specific facts of the care, or lack thereof, that was...

Q: "After my Mother's death, talking to the rest of the family, we think there may have been some abuse

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on Oct 28, 2016
Jack D. Lebowitz's answer
It sounds like you are asking if the lack of an autopsy in Maryland eliminates a potential claim for nursing home negligence in a survival action (for your mother's pain and diminished quality of life due to the alleged abuse) and/or wrongful death action that you could potentially bring if your mother died earlier than she would have if no abuse had occurred. The answer is that an autopsy can sometimes add significant facts to support a nursing home negligence case, but it is not required in...

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