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Maryland Nursing Home Abuse Questions & Answers

1 Answer | Asked in Nursing Home Abuse for Maryland on

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

if they're just covering to keep themselves safe from liability.

Ronald V. Miller Jr. answered on May 26, 2017

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.

1 Answer | Asked in Nursing Home Abuse for Maryland on

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

Ronald V. Miller Jr. answered on May 26, 2017

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...
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1 Answer | Asked in Nursing Home Abuse for Maryland on

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

Ronald V. Miller Jr. answered on Apr 7, 2017

We are going to need a lot more details to answer this question.

1 Answer | Asked in Nursing Home Abuse for Maryland on

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

is invalid because it violated their privacy policy. Would it now be inadmissible in a trial?

Bennett James Wills answered on Jan 28, 2017

Could possibly be an illegal violation of Maryland wiretap laws. Consult local counsel.

1 Answer | Asked in Nursing Home Abuse for Maryland on

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

Ronald V. Miller Jr. answered on Jan 12, 2017

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... Read more »

1 Answer | Asked in Nursing Home Abuse for Maryland on

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

Ronald V. Miller Jr. answered on Dec 19, 2016

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.

1 Answer | Asked in Nursing Home Abuse for Maryland on

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

The staff there claims it's a result of a medical condition he had before arriving but I think they're not encouraging him to get out of bed enough. How would I go about proving this?

Jack D. Lebowitz answered on Dec 11, 2016

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... Read more »

2 Answers | Asked in Nursing Home Abuse for Maryland on

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

Vadim A. Mzhen answered on Dec 1, 2016

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... Read more »

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1 Answer | Asked in Nursing Home Abuse for Maryland on

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

Jack D. Lebowitz answered on Nov 23, 2016

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.

1 Answer | Asked in Nursing Home Abuse for Maryland on

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

for my husband?

Jack D. Lebowitz answered on Nov 16, 2016

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... Read more »

1 Answer | Asked in Nursing Home Abuse for Maryland on

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

and you want to file a negligence claim against the home?

Jack D. Lebowitz answered on Nov 11, 2016

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... Read more »

1 Answer | Asked in Nursing Home Abuse for Maryland on

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

he's fallen out of bed twice in the past four weeks and had to be admitted into the ICU. Do I have an abuse case here?

Vadim A. Mzhen answered on Nov 4, 2016

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... Read more »

1 Answer | Asked in Nursing Home Abuse for Maryland on

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

related to her death in the nursing home. The issue is she was cremated. Is there anything we can do here?

Jack D. Lebowitz answered on Oct 28, 2016

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... Read more »

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