When you place your loved one in a nursing home, you have a reasonable expectation that they will receive treatment with dignity, respect, and compassion. Unfortunately, that isn’t always the case. At Brown & Barron, we understand how quickly the staff of a nursing home can go from great to substandard.
Md. Crim Code Ann. § 3-604 ensures nursing home residents the right to safety and a standard of care in nursing homes. At Brown & Barron, our Annapolis attorneys will fight for your family and help hold the negligent party accountable for abuse by nursing home staff.
Is There a Time Limit to File for Abuse by Nursing Home Staff?
There is a statute of limitations to file cases. Our nursing home abuse attorneys know the provisions that may shorten your time limitations. Missing the filing deadline can cause the dismissal of your family member’s claim, so it is essential to file promptly.
Get in touch with a abuse by nursing home staff lawyer serving Annapolis, (410) 698-1717 for a free case evaluation.
According to the Centers for Disease Control and Prevention (CDC), abuse and neglect in a nursing home environment can sometimes be very evident or more subtle. Either way, nursing home abuse and neglect are never acceptable. Some signs of abuse may include:
- Physical abuse may present as pain, bruising, abrasions, distress, impairment, and even death. Physical trauma can result from kicking, hitting, pushing, burning, or any physical force used to inflict pain or suffering or gain compliance intentionally.
- Emotional and psychological abuse may be evident if a patient seems more withdrawn than usual. They may suffer mental anguish, pain, fear, or other distress. If your loved one has been humiliated, harassed, treated disrespectfully, received verbal or silent threats, or unnecessarily isolated. They may be wary around a particular staff member, nervous, or showing signs of odd behavior.
- Sexual assault or abuse may cause many of the same outward signs as psychological abuse. Any unwanted sexual contact, from sexual harassment to rape, is unacceptable.
- Financial abuse is when a nursing home or staff uses your family member’s money, including benefits, belongings, credit cards, or other assets, for personal gain. You may notice missing items of private property, financial losses that have no explanation, unpaid bills, or unusual charges on a credit card. If your family member complains that he or she is being robbed, you should listen.
Signs of Neglect by Nursing Home Staff
In some instances, neglect in a nursing home can be considered abusive. If your facility is not meeting the basic needs of your family member, they may be experiencing nursing home neglect. Basic requirements include cleanliness, food, water, clothing, and medical care. If you notice dirty clothing, soiled bedding, or pressure sores (bed sores), these could be signs of neglect. For example, weight loss that seems too rapid could be the effect of malnourishment in nursing homes.
In some facilities, a lack of assistance may also be a problem. If your family member requires help to move from the bed to a chair or assistance with a walker, they could fall and injure themselves severely. This can affect their ability to use the restroom, sit up to eat in bed or the dining room, and drastically reduce their independence.
What Compensation Can Your Family Member Receive for Nursing Home Abuse and Neglect?
Factors used to calculate the amount of compensation include the degree of trauma suffered, whether or not your family member will recover, and whom the damages are filed against (facility, personnel, or a third party). Some damages may include:
- Relocation costs to a different nursing facility
- Medical expenses related to any injury suffered
- Degree of emotional distress and mental anguish
- Pain and suffering
While evaluating all the facts, our attorney will review the medical records, gauge the amount of emotional trauma and advise you on what compensation may be possible. We cannot promise a set amount because each case is different. Still, if you have a viable case, we can promise to work tirelessly to obtain a fair and just outcome for your family.
Proving Liability in a Nursing Home Staff Abuse Case
Nursing home abuse and neglect can result from many things, such as understaffing, insufficient training, or improper supervision. Safety violations can cause falls resulting in severe injuries for fragile seniors who tend to have more brittle bones. The failure to provide adequate care can mean that the nursing facility can be held responsible for damages suffered by your loved one.
As in any personal injury case, the elements to prove neglect are similar. To establish negligence, we must prove that:
- There was a Duty to Care for the resident.
- The nursing home or personnel failed to perform the duty (Breach of Duty).
- That the failure to perform their duty caused injury, abuse, negligence, or death (Causation and Damages).
At Brown & Barron, we understand how to secure the evidence to prove abuse or negligence in nursing home cases. We know what our clients (you) need during this time of stress and strife, and we know how to determine all the liable parties.
Who Can Be Held Accountable?
Sometimes, it may only be one bad employee in a nursing home. Still, abuse and negligence are often the result of various circumstances together. Our Annapolis attorneys, who have experience in abuse by nursing home staff attorneys, will uncover all the responsible parties, which may include:
- Negligent or abusive staff members
- Supervisors, managers, or facility owners who ignore problems
- Third-party vendors, such as maintenance personnel, responsible for maintaining equipment, such as wheelchairs, electric patient lifts, and other patient safety devices
Contact Brown & Barron online today to schedule a free case review with a with a abuse by nursing home staff lawyer serving Annapolis.
How Can an Annapolis Abuse by Nursing Home Staff Attorney Help?
You may be feeling overwhelmed after discovering that your family member has been a victim of abuse or neglect. Our nursing home abuse legal team can help you sort out the facts, keep your family member safe, and fight for their rights against the people that caused them harm.
We will search for all the available evidence to hold the responsible parties accountable for the abuse or neglect of your loved one. We understand nursing home law, and we can explain it in plain language. We will complete a thorough investigation to uncover records and evidence to support your case. We will also make reports to applicable regulatory agencies where necessary.
Contact Brown & Barron for a Free Case Evaluation
Brown & Barron offers a free case evaluation with no risk or obligation. Share your story with us to determine if your loved one should pursue a nursing home abuse or neglect lawsuit. Our team will treat your family like ours as we explain the rights of nursing home patients and how the laws protect them.
We also understand that your family may have few financial resources for legal fees. We take on nursing home abuse cases under a contingency payment agreement. We don’t get paid until your loved one receives compensation. The Brown & Barron team of attorneys has nearly 140 years of combined trial experience. We have recovered more than $82 million for our clients. Contact us for your free case evaluation.
Hear From Our Clients
"Brown & Barron, LLC has to be one of the best law firms in the state of Maryland, possibly the entire country. The quality of their service is second to none. They go above and beyond to serve their clients and get the job done."Eric B.
"The best professional experience I have ever been a part of. I trusted them the entire way, and they exceeded all expectations."Darius L.
"Brown & Barron provided efficient, straight-up, and straightforward services in my medical malpractice case. They answered all my questions and kept me informed every step of the way."D.D.
"After a two-year process, my case is resolved. I would like to commend and highly recommend Mr. Chris Casciano for his diligence, attention to detail, and support for myself and my family."A.L.
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Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (410) 698-1717.