Baltimore Nursing Home Abuse & Neglect Attorney

Determining Liability in Nursing Home Abuse Cases

One of the most important aspects of a nursing home abuse & 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.

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.

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.

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.

What is 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 and Barron are: 

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

What is the definition of abuse in a nursing home?

A loved one may be moved to a 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.

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

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. 

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

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. 

What Compensation Is Available for Abuse and Neglect?

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 will evaluate the facts of your loved one’s case, review their medical records, and gauge the extent of their emotional trauma. Then, we’ll advise you on what their case 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. 

5 Signs of Nursing Home Neglect & Abuse

Some signs of nursing home abuse and neglect are more obvious (such as in cases of physical injury), while other signs are more subtle, like the emotional effects of verbal abuse. Any change in appearance or strange behavior that makes you concerned about a loved one’s well-being should be monitored.

Here are five signs you should look for to determine if elderly abuse exists in your loved one’s nursing home.

• Physical Marks: Elderly abuse can occur in a number of ways, many of which cause physical pain such as bruises, abrasions, pressure marks, and more. Pay attention to some of the common areas of the body where these damages may appear such as the legs, arms, back, and head.
• Signs of Neglect: Nursing home staffs are expected to provide care and attention to the residents, but this doesn’t always happen. If you recognize dirty clothes, soiled sheets, bedsores, or unusual weight loss, these could be signs of neglect.
• Emotional Damage: Abuse doesn’t always have to be physical. If you notice that your loved one is acting indifferent to a staff member, nervous or fearful, exhibiting strange behavior, or showing signs of withdrawal, this could be due to emotional trauma.
• Lack of Assistance: As some individuals get older, it becomes more difficult for them to balance and walk, meaning they need assistance to complete certain tasks. When they don’t receive this, they may fall getting out of bed or struggle even going to the restroom.
• Financial Exploitation: There are some situations in which the abuse isn’t done in a physical or emotional manner; rather, it’s done financially. As a family member, it’s important to know the signs of financial exploitation in order to better protect your loved one. Signs include missing property, verbal complaints, and unexplained financial losses. Check to ensure bills are paid, credit cards don’t have unusual usage, or that the caregiver is not taking money for purchases that aren’t accounted for.

What Should I Do If I Suspect Nursing Home Abuse?

If you believe your family member is facing abuse and neglect in a nursing home, transfer them to a safe location as soon as possible. Then, contact our nursing home abuse and neglect attorneys in Baltimore. As we get started on your case, you should preserve any evidence of the abuse, including photographs, documents, and correspondence with the facility’s administration and staff.

How to Report Nursing Home Abuse?

Maryland has a number of state government agencies that you can contact to report the abuse. You will want to ensure the report as accurate as possible so the agency looking into the incident knows what to look for and their findings are properly documented. You can also use these reports to help build a case. The Maryland Department of Aging and Maryland Department of Health can investigate these claims to help hold the nursing home accountable for the damages.

You should not wait to act in cases of nursing home abuse and neglect. Maryland law has time limits for  medical malpractice claims. As soon as you notice signs of abuse or neglect, contact a Baltimore nursing home attorney from our firm, so we can begin an investigation, preserve evidence, interview witnesses, and prepare a convincing case.

What are the five types of abuse in nursing homes? 

The abuse and neglect incidents in nursing homes are classified into five types:

• General: Nursing home neglect happens when caregivers don’t give their patients the care they need or help them with tasks.
• Physical: Physical abuse includes hitting, kicking, pushing, restraining, and any other action that hurts the patient.
• Medical: When the caregivers in nursing homes give the wrong treatment or don’t take care of injuries or illnesses.
• Nutritional: The staff at a nursing home can put the patient’s health at risk by not feeding them or giving them water.
• Sexual: Physical injuries, illnesses, or emotional distress, are all signs of sexual abuse.

Contact Brown & Barron to Learn More

How do I report nursing home abuse in Maryland?

To report abuse in Maryland, reach out to a State Government body. The Maryland Department of Aging and Health will examine the accusations and take the right action as it deems fit. 

If you suspect nursing home abuse or neglect, contact Brown and Barron immediately so we can investigate, preserve evidence, interview witnesses, and build a strong case.

Commonly Asked Questions