Nursing Home Injury Lawyers
Maryland Law Firm and Legal Services
Maryland residents today are living longer, healthier and more productive lives than ever before. In fact, recent studies show that the average life expectancy of Maryland residents is 79 years. What is important to understand is that there is also a noticeable increase in age related illnesses. Some of these can be Alzheimer’s, Parkinson’s Disease, heart disease, lung disease, other internal organ failure and complications due to a stroke. When caring for a loved one becomes too cumbersome for family members it is not uncommon to contemplate a nursing home as an alternative. While Maryland nursing homes normally provide a safe and secure place for our loved ones to reside they can also care for our loved ones in a negligent manner. If you suspect your loved one is being abused, neglected or they have suffered an injury in a Maryland nursing home, assisted living home or rehabilitative treatment center you should consult with our Maryland nursing home injury lawyers. It also behooves you to reach out to our Maryland long term care facility injury lawyers if you feel the nursing home is in breach of contract and your loved one is suffering because of it.
With offices throughout Maryland our Baltimore, Maryland nursing home injury lawyers serve the entire state including Annapolis, Baltimore, Columbia, Rockville, Bowie, Laurel, Upper Marlboro, Salisbury, Towson, Bel Air, Elkton, Westminster, Clinton, Suitland, Wheaton, Silver Spring & Waldorf.
Maryland Nursing Home Statistics
In all 23 Maryland counties, county equivalents and Baltimore City there are more than 225 licensed nursing homes. Some of these homes are locally owned private facilities, Veterans’ hospitals, and large corporations such as Genesis, Manor Healthcare, Acadia and FutureCare. These homes provide thousands of beds for older adults in need of full time care. Most of these facilities participate in Medicare and Medicaid programs and are therefore bound by federal regulations re: standards of care. In addition, Maryland has more than 100 group homes, adult day care centers and assisted living homes. During their careers our Baltimore, Maryland nursing home injury lawyers have litigated against most of them and won.
Maryland Nursing Homes
Some nursing home companies are more familiar with litigation than others. This is for several reasons. Maryland is home to many large, corporate owned that sometime are more concerned with marketshare and their financial records. This can lead to understaffing and bad hiring decisions by management. Some of these companies are ManorCare, MidAtlantic Health Care, Genesis, FosterCare, Golden Living, Communicare, Sava Senior Care and Sunrise Senior Living.
Reasons For Living In A Nursing Home
According to recent studies some type of disability with activities of daily living (ADLs) is the most common reason that older people live in nursing homes. Not surprisingly, people living in nursing homes generally have more disability than people living at home. About 25% of nursing-home residents need help with one or two activities of daily living (for example, walking and bathing), and 75% need help with three or more. More than half of residents have incontinence (either bowel or bladder), and more than a third have difficulty with hearing or seeing.
In addition to physical ailments, mental conditions such as Alzheimer’s Disease are common in nursing home residents. In fact, dementia remains the most common problem, and affects an estimated 50-70% of residents. More than three fourths of nursing-home residents have problems making daily decisions, and two thirds have problems with memory or knowing where they are from time to time.
At least one-third of nursing home residents with dementia also have problematic behaviors. These behaviors may include verbal and physical abuse, acting inappropriately in public, resisting necessary care, engaging in elopement i.e. and wandering off. Communication problems are also common—almost half of nursing home residents have difficulty both being understood and understanding others. Mental disorders such as depression, anxiety, Post Traumatic Stress Disorder (PTSD) are other condition that affects nursing home residents. Research has shown it may occur more in nursing home residents than in individuals living in the community. If your loved one is in an assisted living home, nursing home or group home and has been mistreated let our Towson, Maryland nursing home injury lawyers help you.
Types Of Nursing Homes In Maryland
The state of Maryland has numerous types of long term care facilities for adults, retirees and those with debilitating illnesses, disorders and health issues. These can be home health care services, nursing homes, assisted living homes, retirement communities, long term care facilities, hospice facilities, adult daycares and skilled nursing facilities.
Maryland skilled nursing homes, also known as skilled nursing facilities, offer a different type of care than other nursing homes. They are better equipped to care for residents with special needs such as Alzheimer’s Disease, Central IV therapy (PICC Line Therapy), those in need of dialysis treatments, different types of rehabilitation, tracheostomy care and ventilator care. If your loved one has any of these needs and is not getting the care they deserve per Maryland state laws, federal nursing home regulations and the Nursing Home Reform Act you may be able to file a civil lawsuit on their behalf. Please connect with our team of Gaithersburg Maryland nursing home injury lawyers to discuss your rights.
Rights Of MD Nursing Home Residents
When a loved one enters a nursing home a legally binding agreement, or contract, is signed by all parties. This document outlines the care the resident is to receive based on their health, illnesses and needs. All Maryland long term care facilities have the same rights and these include:
- Privacy and security will be maintained re: their finances, health, hygiene and personal care
- All mental, physical, psychosocial needs accommodations will be met
- Communicate freely and privately via phone calls, email, or written communications
- Residents to be treated with fairly, respectfully & dignity to remain intact
- Be free from mental abuse, physical neglect, abuse, sexual abuse, medical malpractice and mistreatment
- Self will to be exercised as much as possible
- Voice grievances without reprisal or discrimination with no fear of reprisal
- Physical restraints will only be used when necessary for residents health and safety of others
- Participate in and organize groups, including social and religious activities
- Review one’s own care plan and medical record. Be given advance notice of changes in treatment or care. This includes choosing one’s own physician and the right to refuse treatment
- Finances will be managed per nursing home agreement and the right to a quarterly account of activity if the facility has been given responsibility in writing
- Be informed, both orally and in writing, of services available. This includes medical procedures, medications given, treatments and therapy provided
- Established visiting hours and the right to privacy during these visits. If the resident is critically ill, visitors can be allowed at any time
- The right to see the results of inspections of the facility
- Prior notification of room or roommate changes and 30-day notice of relocation, as well as the right to challenge this notice
- Residents will be moved to another facility or discharged only for nonpayment, the safety of others, or medical reasons
Nursing Home Injuries And Accidents
Injuries in Maryland nursing homes can be caused by various actions or circumstances. These can range from the nursing home being understaffed, the staff being inadequately trained, improper monitoring, nursing home malpractice and gross negligence. Injuries can be:
Assault including sexual assault, physical assault as well as emotional and psychological abuse
Breach of contract meaning the long term care facility or nursing home broke the written agreement signed by all parties prior to your loved one entering the home and provided an inadequate level of care and your loved one suffered emotional, mental, physical and psychological injuries as a result OR they experienced economic and financial losses as a result of financial exploitation
Complex Regional Pain Syndrome induced by nursing home abuse, assault, surgical errors, nursing home falls, medical negligence and nursing home malpractice
Elopement (Wandering off) due to being short staffed, insurmountable caseloads, staff being poorly trained and inadequate patient monitoring
Financial abuse and financial exploitation caused by fraud, theft, identity theft and predatory financial practices by the facility, it employees, staff, caregivers and third party vendors
Heat injuries such as heat stroke, heat exhaustion aka heat prostration, dehydration and heat cramps
Home care injuries caused by negligent, violent, ill-trained and incompetent home caregivers
Hospice injuries and wrongful death induced by poorly trained caregivers, medication errors, abuse, neglect and hospice malpractice
Improper wound care leading to tissue necrosis, infection, amputation and wrongful death
Injuries During Transportation going to and from doctors appointments, Dialysis treatments and hospitals
Improper patient monitoring caused by general nursing home negligence, being understaffed and employees not being properly trained
Malnourishment due to abuse, neglect, punishment, staffing shortages and nursing home neglect
Medical malpractice by healthcare providers such as doctors, nurses, pharmacists, surgeons, physical therapists, occupational therapists, chiropractors, EMT’s, paramedics, nurse practitioners, physicians assistants
Medical negligence including surgical errors, anesthesia errors, medication errors, IV therapy & PICC line injuries, delayed or misdiagnosis which can result in allergic reactions, death, traumatic brain injury, spinal cord injury, amputation and paralysis
Medication errors leading to new or worsening illness, infection, accidental death, organ failure, stroke, cardiac arrest, rash, itching and allergic reaction(s)
Natural disaster caused accidents and injuries including being hit by broken glass, frostbite, hypothermia, heat injury, flying debris injuries and flooding
Sexual assault and sexual abuse by other nursing home residents, workers, employees and healthcare providers of all levels
Sexually Transmitted Disease injuries caused by sexual abuse by staff and residents as well as STD contraction between consenting nursing home residents
These are just some of the many nursing home injury and nursing home wrongful death cases our Frederick, Maryland nursing home injury lawyers have handled.
Liability In Maryland Nursing Home Abuse Cases
Establishing liability is one of the most important aspects of a nursing home negligence claim. A qualified Annapolis, Maryland nursing home abuse attorney will know how to identify any and all liable parties. These parties can be local nursing homes, regional or nationwide, nursing home corporations, parent companies, third party staffing companies, third party contractors, subcontractors and vendors (third party claims are also commonly referred to as vicarious liability claims). It is imperative to the outcome your case that all liable parties be held legally responsible for the injuries sustained by your loved ones in their accident. Our Columbia Maryland nursing home injury lawyers will identify all possible liable parties and get your family the benefits, care and compensation they need.
Insurance Issues & Maryland Nursing Home Abuse Claims
As with almost every other type of accident where someone else is at fault, the insurance companies get involved relatively quickly. Dealing with the insurance carriers can cause the victims family and estate an extraordinary amount of aggravation, emotional, financial and psychological strain. To be blunt the insurance industry is big business and their objective is to make money, not lose money. Paying accident and injury claims is considered losing money. The average person has no idea how to navigate through the legal system and or deal with insurance companies whose primary interest is their profits.
Having said that it is never a good idea to deal with the insurance carriers yourself. Doing so can jeopardize your case as well as cost you substantial amounts of money as they will not take all factors that determine the true value of your claim into consideration. Let our Rockville, Maryland nursing home injury lawyers handle the insurance companies. this will allow you to focus on getting your loved one the care they deserve and need.
Resolving Your Maryland Assisted Living Home Injury Claim
Assisted living home, nursing home, rehabilitative and treatment center accident, injury and wrongful death claims typically end in a settlement. The settlement is negotiated by your attorney and the liable parties insurance company and or their attorneys. In some cases a settlement cannot be agreed upon. A common concern in this scenario is what will happen next and how will the case culminate? In situations such as these the case moves on to the litigation phase, also known as the trial phase. When a case goes to trial you absolutely need an experienced personal injury attorney who has significant trial experience. Our team of Bel Air, MD nursing home neglect lawyers have a wealth of experience litigating assisted living home accident, nursing home neglect and treatment center abuse claims throughout Maryland including the Annapolis, Baltimore, Frederick and Salisbury areas.
Benefits In Maryland Nursing Home Abuse, Injury, Neglect & Death Cases
Assisted living home, nursing home, hospice and long term care injury claims all allow for similar benefits to those in other injury cases such as auto accidents. Each situation is unique and there are numerous factors that will help our nursing home abuse attorneys determine what your claim is worth. Possible benefits are medical care reimbursement, additional medical care and pain and suffering compensation.
If you lost a loved one in a Maryland nursing home death, funeral, bereavement and survival benefits may be obtained for certain family members.
Maryland Nursing Home Injury Claim Statute Of Limitations
According to current Maryland personal injury and MD wrongful death laws an injured party or family member can wait up to 36 months to file a civil claim against the at fault party or parties. Please do not wait that long as the longer you wait the longer your loved one is in danger. That aside the longer you wait to file a claim the more difficult it becomes to obtain benefits of any kind.
Determining The Value Of Your Maryland Nursing Home Injury Claim
What your claim is worth ultimately hinges on how badly your loved one was injured and how it will impact their lives and quality of life going forward. In addition to these things other factors come into play such as the nursing homes history of being sued for similar abuse or injuries. The overall health and age of resident also plays a part in deciding what the claim is worth. Lastly, the frequency of visits by family members plays a part in deciding the value of a MD long term care facility claim. Sadly many relatives see nursing home abuse, injury, neglect and death cases as a payday and expect to obtain benefits despite coming to see their loved ones on a routine basis. No matter what the circumstances of your loved ones nursing home accident claim our team of Clinton Maryland nursing home negligence attorneys will determine the full dollar value they deserve.
Our team of Baltimore, Maryland nursing home injury lawyers will thoroughly review your claim and fight tooth and nail to get the benefits and monetary compensation your loved one is entitled to.
Contact Our Annapolis Maryland Nursing Home Injury Lawyers
It may take years to recover from the financial strain and emotional stress caused by your loved one being injured. Let our Salisbury Maryland nursing home injury lawyers handle all administrative aspects of your claim. This will allow you to focus on moving on. Please contact them today for a free consultation.
Our Baltimore County, Maryland nursing home injury lawyers help victims of nursing home falls in all of MD. This includes Aberdeen, Annapolis, Baltimore, Bel Air, Bethesda, Bladensburg, Bennsville, Beltsville, Aberdeen, Bowie, College Park, Clinton, Catonsville, Timonium, Columbia, Ellicott City, Westminster, Crownsville, Denton, Elkton, Frederick, Easton, Fort Washington, Greenbelt, Lanham, Salisbury, Havre De Grace, Oakland, Gaithersburg, Germantown, Glen Burnie, Hagerstown, Hyattsville, Landover, Laurel, New Carrollton, Ocean City, Rockville, Silver Spring, Upper Marlboro, Towson, Dundalk, Chestertown, Pikesville, Manokin, Takoma Park, Fallston, Crofton, Prince Frederick, Leonardtown, Waldorf, La Plata, Bennsville, Cambridge, Snow Hill, Berlin, Suitland and Wheaton.