Different Ways Elder Abuse Occurs

Most nursing home residents rely on facility staff for nearly all their needs, unfortunately leaving them vulnerable to multiple types of abuse and neglect. Incidences of nursing home abuse and neglect are usually grouped into seven different categories:

• General: Caregivers who fail to provide their patients with daily care or assistance with tasks are guilty of general nursing home neglect. An example of general neglect is failing to help with hygiene. General neglect can result in infections, illnesses, or bedsores.
• Physical: Physical abuse involves incidences of hitting, kicking, pushing, restraining, or any actions that are meant to cause physical harm to a patient. Signs of physical abuse may include bruises, broken bones, or burns.
• Medical: Many elderly people are dependent on caregivers for medical attention. Nursing home staff who administer incorrect treatment or do not address injury and illness are neglecting their patients.
• Nutritional: Nursing home staff can endanger the patients’ health by not feeding them or providing water. Signs of malnutrition and dehydration may include illness, exhaustion, or confusion.
• Emotional: Emotional abuse may include yelling, insulting, threatening, controlling, or isolating a patient. A nursing home resident who is acting anxious, depressed, insecure, or irritable could be experiencing emotional abuse.
• Sexual: Signs of sexual abuse of a nursing home resident can include physical injuries or illnesses, as well as emotional distress.
• Financial: Financial abuse is when nursing home staff exert control over a resident’s finances by stealing, withholding funds, accessing bank information, or forging documents. Any unusual changes in an elderly person’s financial situation or power of attorney could be signs of financial abuse.

Abuse in Maryland nursing homes can also be exacerbated by mismanagement, such as failure to perform background checks on staff or inadequate reporting procedures for incidents. Prevention requires continuous oversight by healthcare regulators and reviewing practices within the home. Families should regularly visit and monitor their loved ones to ensure facilities are adhering to standards of care.

Protecting Our Elders in Baltimore: Local Resources & Support

Living in Baltimore, we understand the unique challenges our community faces when it comes to elder care. The city is home to a significant elderly population, and ensuring their safety and well-being is a top priority. Unfortunately, elder abuse in nursing homes is a serious issue that many families in Baltimore have to confront. If you suspect that your loved one is a victim of abuse or neglect, it's crucial to act swiftly and seek legal assistance from a nursing home abuse attorney near you.

In Baltimore, several local government entities and resources are available to support families dealing with elder abuse. The Baltimore City Health Department and the Maryland Department of Aging are two key organizations that provide valuable information and assistance. We can guide you on how to report abuse and navigate the resources they offer.

One of the most pressing pain points for families in Baltimore is the understaffing and inadequate training in some nursing facilities. These issues can lead to neglect, poor medical care, and unsafe living conditions for residents. Our legal team is well-versed in the local regulations and standards that nursing homes must adhere to, and we are committed to holding these facilities accountable for any lapses in care.

We know the neighborhoods, the local nursing homes, and the specific challenges that come with elder care in Baltimore. Whether your loved one is in a facility in Fells Point, Canton, or any other part of the city, we are here to help. Our deep understanding of the local landscape allows us to provide tailored legal support that addresses the unique needs of Baltimore families.

In addition to legal assistance, it's important to engage with community advocacy groups focused on elder care and rights. These groups often host events and workshops to inform and connect families who are facing similar challenges. Our firm can provide contact information for reputable local organizations to further aid in your journey.

Determining Liability in Nursing Home Abuse Cases

One of the most important aspects of a nursing home abuse and neglect case is determining liability. Without proving liability, you cannot pursue compensatory damages for the injuries caused by the abuse or neglect. In nursing home abuse and neglect litigation, there are three possible liable parties.

Understanding these liable parties requires a thorough examination of the contractual obligations a facility agrees to when a resident is admitted. This can include providing mandated levels of medical care, supervision, and personal attention. By dissecting these agreements, our legal team can pinpoint where the facility may have permitted breaches that resulted in harm to your loved one.

Abusive or Negligent Staff

Typically, staff members are most commonly accused of elder abuse because they are the ones directly caring for the residents in the home. Staff members, such as caregivers, directly interact with patients on a daily basis.

When caregivers or other staff members fail to properly care for an elderly resident, they may cause significant harm. Holding a staff member accountable for abuse means showing that their actions—or inaction—led to the injury. It would be necessary to prove that they did not properly care for their resident in a manner designed to keep them safe.

Specific responsibilities include attending to hygiene needs, administering medication accurately, and responding promptly to emergencies. The lack of adherence to these duties is often documented in staff logs or witness statements. Training records can also be examined to determine if the responsible staff understood and was trained in their obligations.

Nursing Home Owners/Managers

Even if they do not directly work with the residents in the nursing home, owners and managers can be held responsible for abuse that occurs in their facility. This is because they are expected to provide training, perform background checks on new hires, and monitor the staff. They must also ensure that daily necessities are provided, security and safety measures are in place, and that they hire individuals who are properly and adequately trained to care for elderly residents.

Owners and management have the comprehensive duty to oversee all aspects of operational compliance, including the enforcement of internal policies that meet legal standards for care. Failure to implement adequate procedures and maintain consistent oversight can indicate management negligence. We investigate facility maintenance records and staff assembly logs to ascertain whether mismanagement played a role in the incident.

Third-Party Liability

While elder abuse in a nursing home is most often the fault of the nursing home and staff, there are instances in which a third party may be held accountable. This is when items used in the nursing home cause the injury; for instance, if a wheelchair or walker is not manufactured properly, causing the individual to fall, or medications are not properly supplied.

Identifying third-party liability involves scrutinizing vendor agreements, examining maintenance schedules, and testing the integrity of equipment. If a product defect is evident, further exploration with manufacturing companies and consulting technical experts may substantiate claims against responsible external parties. We ensure fault is justly attributed to every entity that contributed to your loved one's suffering.

The Most Common Abuse in Nursing Homes

Abuse or neglect can cause serious injuries or death in a nursing home. Some common violations prevalent in nursing homes for which you can seek help from Brown & Barron, LLC are: 

• A fall that breaks a bone (or worse)
• Severe starvation or dehydration
• Sexual assault
• Severe bedsores
• Elopement (a resident wanders off or leaves premises without supervision)

Understanding which types of abuse occur most frequently allows us to direct our efforts towards rectifying systemic issues. These abuses often stem from inadequate staffing, poor supervision, and lack of resident engagement programs. Addressing these root causes can improve overall care quality and reduce incidents of abuse, ensuring a safer environment for all residents.

Nursing Home Abuse Defined

A loved one may be moved to a Baltimore, Maryland nursing home for various reasons, after a surgery or significant accident, a medical condition, or the incapacity to care for themselves at home. Families trust nursing homes to provide their loved ones with health and safety. However, sometimes that reliance is abused, and the nursing home fails to deliver the level of care you or your loved one deserves.

Nursing home abuse encompasses any action or failure to act that causes harm or threatens the well-being of a resident. This includes physical harm, emotional distress, or financial exploitation. Abuse can be deliberate, such as intentional infliction of harm, or negligent, such as failing to provide adequate care and supervision. Recognizing these nuances helps in developing strategies for prevention and intervention.

How Long Do I Have to File a Nursing Home Abuse or Neglect Lawsuit?

Your loved one does not have to pursue a civil lawsuit immediately following an act of neglect or abuse. However, the time they have is limited under the law. The statute of limitations is the deadline that applies to every nursing home negligence case, and the consequences of noncompliance are steep. 

If your loved one files their lawsuit after the statutory period expires, they will not be able to pursue the compensation they deserve. The statute of limitations generally expires after three years in Baltimore, although exceptions could affect the deadline. However, if you file your negligence lawsuit after the deadline passes, the court will typically have little choice but to dismiss the case, barring you from pursuing compensation through the courts. 

Due to these time constraints, seeking legal guidance promptly is vital. Early consultation allows us to gather necessary documentation and witness testimonies before memories fade or evidence is lost. Starting the process gives you and your loved one time to understand your rights and prepare an effective approach within the legal timeframe.

How Much Does a Nursing Home Negligence Attorney Cost?

The victims of nursing home abuse or neglect rarely have substantial assets available to hire an attorney. However, our firm understands that money can be tight, especially for victims of financial abuse. That is why we agree to take on nursing home abuse and neglect cases on a contingency basis. 

When our firm works on a contingency fee, you will never owe us anything unless we recover damages in your case. We retain a portion of your settlement as our fee before forwarding the rest to you. This arrangement allows your loved one to pursue compensation for their abuse regardless of their financial means. 

Ultimately, our firm carries the risk of pursuing an injury lawsuit. If we are successful, your loved one will recover a monetary award without ever paying any out-of-pocket legal fees to our firm. If we are unsuccessful, your loved one will not owe us any attorney’s fees. This approach is a win-win for victims of nursing home abuse and neglect in Baltimore and across Maryland. 

Many families unaware of contingency fee structures can feel they have no options due to perceived financial barriers. We strive to demystify the payment process with transparency and clarity, ensuring you know exactly how costs and payment are structured. Our goal is to make legal support accessible to all families, regardless of their fiscal situation.

Compensation for Elder Abuse & Neglect at Baltimore Nursing Homes

Your loved one could recover financial compensation in the aftermath of nursing home abuse and neglect. Whether you pursue legal action against the abuser or the facility that allowed it to happen, the compensation your loved one could recover will depend on the trauma they sustained. 

Some types of damages they could recover include:

• The cost of relocating to a different facility
• Medical expenses
• Emotional distress
• Mental anguish
• Pain and suffering

An attorney from our firm can evaluate the facts of your loved one's situation, review their medical records, and gauge the extent of their emotional trauma. Then, we'll advise you on what their recovery might be worth based on these factors. No attorney can promise a specific outcome in a nursing home negligence case, but we will work tirelessly to secure a fair outcome for your loved one. 

Compensation may extend beyond direct expenses, encompassing the profound life changes abuse causes. The emotional toll on family members should not be understated. Our legal team advocates for all tangible and intangible losses by developing a nuanced understanding of the impact the abuse has on everyday life, allowing us to pursue maximal redress for our clients.

Baltimore: Legal Considerations

Choosing a nursing home abuse lawyer locally in Baltimore offers the advantage of understanding state laws and regional court dynamics. Maryland’s regulations on elder abuse can differ significantly from other states, with specific state statutes and compliance requirements. A local attorney provides strategic insight into the regional legal landscape, leveraging familiarity with court proceedings, judges, and administrative processes to bolster your efforts. For those considering action, it’s not just about navigating the legalities but also understanding the socio-political environment of Baltimore healthcare and elder facilities.

Baltimore has several community resources and associations dedicated to elder rights, ensuring the elderly population receives humane treatment and care. Utilization of these resources, in alignment with skilled legal representation, cultivates a robust support network aimed at addressing and reducing instances of elder abuse. Whether it involves community advocacy or legal recourse, the concerted effort between legal professionals and local entities enhances the approach to combating abuse, supporting families throughout the legal journey.

Contact Brown & Barron, LLC online today to schedule a free case review with a nursing home abuse lawyer serving Baltimore.

Nursing Home Abuse FAQ

What Are Common Signs of Elder Abuse in Nursing Homes?

Common signs of elder abuse include physical injuries such as unexplained bruises, fractures, or burns, which may indicate physical maltreatment. Emotional abuse might manifest through sudden changes in behavior, depression, or withdrawal. Financial abuse could involve unexplained transactions or changes in financial conditions, while neglect might be visible as bedsores, poor hygiene, or unsanitary conditions. Awareness of these signs is essential in identifying and addressing abuse quickly.

How Can Families Prevent Nursing Home Abuse?

Preventing nursing home abuse involves proactive engagement from families. Visiting relatives frequently and at different times can thwart potential abusers who might otherwise feel unchecked. Communicating regularly with facility staff establishes a channel for monitoring care and raising concerns. Additionally, informing your loved one about their rights and encouraging them to report any discomfort or suspicion of mistreatment is vital. Families should also request to review staff training programs and policies to ensure proper procedures are in place.

What Should I Do If My Suspicions of Abuse Are Confirmed?

If you confirm suspicions of abuse, it's crucial first to ensure the immediate safety of your loved one. Document any evidence of abuse, including photographs and written records of incidents. Report the abuse to both facility administrators and local authorities. Next, contact a nursing home abuse attorney in Baltimore to discuss legal options and initiate an investigation. Engaging legal counsel ensures the matter is addressed decisively and according to Maryland state laws.

Can I Visit My Loved One Without Prior Notification?

Generally, yes. Most nursing homes encourage family visits and understand their importance in maintaining residents’ happiness and well-being. Spontaneous visits can also help family members accurately get a sense of the facility's day-to-day operations. However, it's helpful to familiarize yourself with the specific visitation policies of your loved one's living facility to ensure visits can happen without disrupting the schedule set for resident care and activities.

How Is Nursing Home Abuse Addressed Legally?

Addressing nursing home abuse legally requires an understanding of both state and federal laws detailing residents' rights and the obligations of care facilities. The legal process may involve filing complaints with state health departments, taking civil action for damages, or reporting criminal violations to law enforcement. Legal counsel can help navigate these options, ensuring solutions align with the needs of the resident and their family. Legal action can also promote broader change by compelling facilities to improve their care standards.

To get in touch with a nursing home abuse lawyer serving Baltimore, call (410) 698-1717 for a free case evaluation.