The Maryland Department of Health and Maryland Health Secretary Laura Herrera Scott were hit with a major lawsuit last month, filed by disabled nursing home residents who allege the Americans With Disabilities Act (ADA) was violated in a way that led to their injuries and suffering. According to the class action lawsuit, nursing home residents were neglected for hours or sometimes days at a time, official complaints were backlogged to the point of being entirely forgotten, and more than 100 nursing homes statewide were not inspected for several years, allowing for the terrible conditions to worsen and continue. The lawsuit also argues that the state’s negligence disproportionately affects Black communities; more than half of the worst-rated nursing homes in Maryland are located in communities with a majority of Black residents.
To make the situation more complicated, Tricia Nay, the head of Maryland’s Office of Health Care Quality (OHCQ), resigned shortly after the lawsuit was filed. No official reason was given for Nay’s decision to resign while the lawsuit was pending, but it is believed to be linked to growing complaints of inadequate healthcare systems in Maryland, going beyond just nursing homes and including hospitals, clinics, and assisted living facilities, too.
Lack of Inspections Led to Resident Injuries, Lawsuit Claims
Based on data from the federal Centers for Medicare and Medicaid Services:
- Maryland has the second-highest percentage of overdue annual nursing home inspections in the country.
- More than 80% of Maryland’s nursing homes are at least 17 months late for necessary recertification surveys.
- 104 nursing homes in Maryland had not been inspected at all within 48 months.
The lawsuit argues that the above issues, violations, and other forms of management and caretaking negligence directly caused harm to nursing home residents throughout Maryland. The lawsuit also points to severe staffing issues as more causes of the suffering experienced by residents. The Maryland Department of Health has reportedly struggled to fill staff positions since 2018, and it also canceled an agreement that would have placed 10 nursing home inspectors in Montgomery County (the most populous county in Maryland), opting for only 4.
Massive Backlog of Unaddressed Complaints
Another serious issue that the class action lawsuit has pointed to is the massive backlog of unaddressed complaints collected by the Office of Health Care Quality. In the last three years alone, more than 13,000 complaints have been filed, but not even half of them have been investigated or even addressed. With so many complaints set aside, it is unknown how many other serious issues have not been brought to anyone’s attention yet, so the class action lawsuit could actually expand with more plaintiffs.
The Maryland Department of Health has blamed some of its failures on complications and delays that were caused at the height of the coronavirus pandemic. Health departments in most states experienced issues due to the pandemic, but most have also caught up and repaired their procedures since then. Maryland has not.
A Victory Would Help the Plaintiffs & Maryland Alike
It is important to recognize that the class action lawsuit brought against the Maryland Department of Health is not only seeking justice and compensation for the plaintiffs. If successful, it would also reflect a major victory for everyone in the state by clearly demonstrating what can happen and what it can cost when the government fails in its duties to care for and provide for its people.
The more people who speak up about the unsafe and inadequate care they received in a Maryland nursing home, the stronger the lawsuit can become. If you want to see if you can take legal action for yourself or a senior loved one who was neglected or abused in a nursing home, talk to a nursing home abuse attorney from Brown & Barron, LLC. With a singular focus on nursing home abuse claims and lawsuits, we help and represent clients across Maryland. We would be honored to help you see if you can file a claim or join the class action.
Call (410) 698-1717 to request a FREE case evaluation today.