Annapolis Nursing Home Physical Injuries Attorney

Unfortunately, abuse in nursing homes is far too common. According to the National Council on Aging, about 5 million older Americans suffer some form of abuse each year. 

Some actions taken by nursing home staff members that may cause physical injuries include:

Tragically, some cases of physical abuse in a nursing home can result in a resident’s death. Therefore, families may be eligible to file a wrongful death lawsuit to recover compensation for both the decedent’s and their family’s losses. An Annapolis nursing home physical injuries lawyer from our team can help you with this process. 

Determining Who Is Liable for Nursing Home Physical Injuries

Depending on your individual circumstances, several parties could be held responsible for the abuse you or your loved one suffered. At Brown & Barron, our Annapolis nursing home abuse attorneys promise to investigate your case thoroughly to determine if any of the following circumstances were involved in your or your loved one’s abuse:

Staff Failed to Uphold Residents’ Rights and Duty of Care

Nursing home residents are guaranteed certain liberties under the law, and their on-staff health providers must adhere to certain standards. According to Md. Code Regs. § 10.07.09.08, these include, but are not limited to, the following rights:

• To privacy and confidentiality
• To receive and participate in one’s own treatment, care, and services
• To live in an environment that enables maintenance or enhancement of the resident’s quality of life
• To a dignified existence and self-determination
• To have access to individuals and services inside and outside the facility
• To be free from intimidation, prejudice, or retribution from the nursing facility when exercising one’s rights
• To be free from physical, emotional, verbal, and sexual abuse 

Duty of care is a legal principle requiring all people to act toward others with caution and good judgment, so as not to cause harm. If an individual’s actions do not meet this standard, their acts may be considered negligent, and they may be responsible for compensating victims for any resulting damages.

Nursing home owners, managers, and staff can breach the duty of care they owe residents when their conduct violates the law, the facility’s contract agreement, or any reasonable standard of care. Violations accompanied by abuse or neglect may be subject to a lawsuit that seeks compensation for a resident’s physical, emotional, and financial losses.

Negligent Hiring Practices and Insufficient Training

Nursing homes must hire and train competent staff who:

• Can provide quality care to residents
• Have the proper healthcare training and experience
• Have no prior record of abuse, neglect, or violence

If a nursing home employee without the necessary credentials or training harms a resident, the company or the nursing home owner could be held responsible for the emotional or physical injuries a victim suffered.

Third-Party Neglect or Abuse

Not all nursing home abuse cases involve staff members. Other people in a nursing home may also commit physical abuse, such as visitors or other residents. 

Nursing homes are responsible for fostering a safe and secure environment for their residents. If a person in their care is injured by a third party, such as a vendor, visitor, intruder, or another resident, the nursing home may be found liable for failure to put proper security measures in place to prevent such events from happening.

Pursuing Compensation for Nursing Home Physical Injuries

An injured resident could receive several different damages due to their nursing home physical abuse, including:

• Medical bills, such as emergency care, hospitalization, doctor’s visits, surgeries, prescription medication, medical equipment, or physical therapy
• Physical pain and suffering
• Emotional anguish and distress 
• Loss of quality and enjoyment of life

Contact Brown & Barron online today to schedule a free case review with a with a nursing home physical injuries lawyer serving Annapolis.