Nursing Home Abuse Lawyer in Maryland

When your loved ones make the difficult choice to move into a nursing home, you expect that they will be properly looked after and cared for. Whether because of advanced age, a debilitating illness, or a need for specialized care, families place immense trust in these facilities to provide a safe and nurturing environment.

If that trust is broken due to nursing home abuse, the emotional and physical toll on both the resident and their family can be devastating. The Maryland personal injury lawyers of Jaklitsch Law Group are a leading law firm specializing in nursing home abuse cases. As experienced nursing home abuse lawyers in Maryland, we are here to help ensure victims receive justice and fair compensation for the harm they have suffered.

Understanding Nursing Home Abuse

Nursing home abuse extends far beyond intentional physical harm. Each of these types of abuse can have lasting consequences on the well-being of residents. Abuse can manifest in various forms, including:

  • Physical Abuse – involving the use of force that results in bodily injury, such as hitting, slapping, or improper restraint. This can lead to lasting fear and trauma, chronic pain, mobility loss, and increased risk of falls.
  • Emotional Abuse – inflicts psychological pain through verbal threats, humiliation, isolation, or manipulation, leading to psychological trauma, depression, anxiety, social isolation, and cognitive decline.
  • Sexual Abuse – any non-consensual sexual contact or activity.
  • Financial Abuse – the unauthorized use of an elderly person’s funds or assets, from stealing money to forging signatures. 
  • Medication Errors – inadequate staffing, improper training, and poor oversight can lead to overuse and misuse of antibiotics, as well as other medications. Particularly, the issue of overuse of antibiotics in these facilities can lead to antibiotic resistance, making common infections difficult or impossible to treat.
  • Neglect – while often categorized separately, nursing home neglect is a pervasive issue where there is a failure to provide adequate care or meet basic needs, leading to physical or emotional harm. Neglect can cause preventable medical conditions such as severe bedsores, dehydration, malnutrition, infections, and unexplained injuries.

At Jaklitsch Law Group, we often hear about heartbreaking cases of elder abuse in nursing homes across the country, and unfortunately, our communities in Maryland are not immune. The Office of Health Care Quality regularly investigates incidents of neglect and abuse in various settings, including nursing homes, assisted living facilities, and even private residences.

Lack of Reporting

A particularly distressing aspect of nursing home abuse is that many victims endure it in silence. Residents, especially those with cognitive disabilities or communication difficulties, often find it incredibly challenging to report their mistreatment, making them even more vulnerable to ongoing harm. This underscores the critical importance of vigilance from family members and loved ones. Monitor your loved ones proactively to recognize signs of abuse and neglect and prevent further harm while in their long-term care facility.

Potential Signs of Nursing Home Abuse in Maryland

Recognizing signals of abuse and neglect is crucial for protecting your loved ones in these environments. It is vital to be vigilant and look for things like unexplained bruises, fractures, or other injuries. Severe bedsores, particularly stage 4, along with signs of dehydration, malnutrition, or infections that lead to sepsis, are critical indicators of neglect. Other physical signs to watch for include burns, unexplained bruises, and serious falls.

Beyond physical manifestations, changes in behavior or demeanor can also signal potential abuse or neglect. This includes withdrawal from social activities, increased anxiety, depression, fear around specific staff members, agitation, missing belongings, signs of pain or bleeding, and sudden, uncharacteristic behavioral changes. If you are concerned that your loved one may be experiencing nursing home abuse, consulting with a nursing home abuse lawyer can provide the support you need to understand your legal rights and take appropriate action.

Issues with Oversight and Accountability

While licensed nursing homes and assisted living facilities are governed by stringent state and federal regulations, the reality of oversight and accountability often falls short of expectations. Legally, residents are protected by a multitude of guidelines on how they should be treated to ensure safety and quality of care, but there are gaps in the ability to enforce these policies.

One issue lies in the infrequent and delayed inspections of these nursing homes and assisted-living facilities. Mandated annual surveys are often missed or significantly overdue, with some nursing homes going years without a proper review. This backlog allows substandard conditions and abusive practices to continue unchecked, putting vulnerable residents at grave risk. When inspections do occur, they may not always uncover the full extent of issues, or identified deficiencies may not be promptly addressed.

Reporting Nursing Home Abuse

There are multiple ways you may report abuse in the state of Maryland, depending on who you are reporting and what evidence you have. If you have concerns that your loved one is in immediate danger and being physically abused, contact the local authorities right away.

If you have a concern about the care provided by a nurse in Maryland, you can file a report with the Maryland Board of Nursing. This process is open to anyone, regardless of their relationship to the nurse in question. To initiate a complaint, individuals are typically required to complete an official complaint form, providing a detailed account of the incident. Supporting evidence, like medical documentation, witness statements, photographs, and even relevant text messages or social media posts, can be included to strengthen the complaint.

You may also report abuse or neglect in health care facilities and nursing homes online to the Maryland Department of Aging. This process is similar to reporting a specific nurse, but it will open an investigation against the entire facility. Contact the Jaklitsch Law Group team of nursing home abuse lawyers if you need help collecting vital evidence to back up your report and discuss whether you qualify for a lawsuit.

Filing a Civil Lawsuit for Nursing Home Abuse in Maryland

If someone you love suffered harm in a nursing home, pursuing a lawsuit can be a critical step toward securing justice and compensation. While no one can go back in time and undo the abuse that has occurred, a lawsuit aims to recover legal damages designed to address the profound impact of such mistreatment.

If you believe your loved one is in a situation of nursing home or elder abuse, working with an elder abuse attorney may help your chances of getting fair compensation. Our legal team will work to collect all necessary evidence and create a comprehensive calculation of your damages to increase the potential settlement value.

The Process of a Nursing Home Abuse Lawsuit

The process for filing a nursing home abuse or neglect lawsuit in Maryland typically involves several key stages. It often begins with a claim investigation where your team of nursing home abuse attorneys gathers comprehensive evidence, obtains medical records from the nursing home and any hospitals, interviews witnesses, and potentially consults with medical experts to establish how the nursing home’s failures caused the injury. Once sufficient evidence is compiled, your nursing home abuse attorney can file a formal complaint with the appropriate court.

Following the complaint, the case enters the discovery process, where both sides exchange information and evidence. This can involve written interrogatories, requests for documents, and depositions (sworn, out-of-court testimonies) from relevant parties, including staff members, family members, and expert witnesses. While the process can be lengthy, often taking a year or more, many nursing home abuse lawsuits are resolved through settlement negotiations outside of court. However, if a fair settlement cannot be reached, the case may proceed to trial. There, a judge or jury will determine liability and the amount of damages.

Timeliness in Nursing Home Abuse Lawsuits

Under Maryland law, the statute of limitations for civil lawsuits and personal injury cases, including those involving nursing home abuse and neglect, is 3 years. This means that any civil lawsuit seeking damages must typically be filed within three years from the date the injury occurs. Missing this deadline can have severe consequences, including preventing any opportunity for recovery.

While 3 years might seem like a long time, you should start the process of speaking with an elder abuse lawyer as soon as possible to begin the process. Some exceptions may change this time deadline, such as cases involving government entities or instances of fraudulent concealment. Consult with an experienced nursing home abuse lawyer as soon as you can to ensure all deadlines are met and to navigate the complexities of the statute of limitations as it applies to your specific situation.

Potential Compensation in Nursing Home Abuse Lawsuits

Just like with any other personal injury, nursing home abuse lawsuits pursue compensation to address the impact on the victim and their family. These damages are typically separated into two categories, economic and non-economic. The goal is to provide financial recovery for losses incurred and to acknowledge the suffering that has been endured. 

Economic damages are quantifiable monetary losses, including medical expenses for immediate treatment of injuries, such as emergency room visits, hospital stays, surgeries, and medication costs as well as future medical costs, which can be substantial for long-term care, rehabilitation, specialized therapies, or ongoing medical monitoring necessitated by the sustained injuries. Additionally, economic damages can cover the cost of relocating the loved one to a safer facility, home health care services, and any personal property that was stolen or damaged due to the abuse.

Non-economic damages are awarded for intangible losses that do not have a direct financial cost but still significantly impact the victim’s quality of life. These include pain and suffering, encompassing physical discomfort and emotional anguish. Compensation for emotional distress, such as anxiety, depression, fear, and psychological trauma, is also a crucial component. In Maryland, while there are no caps on economic damages, non-economic damages are subject to statutory caps, so speak with an elder abuse attorney for more information on what you may qualify for.

Punitive Damages for Nursing Home Abuse Cases

In addition to compensation-type damages, in cases of egregious misconduct or gross negligence, punitive damages may also be awarded. Unlike compensatory damages, these damages are not intended to compensate the victim but rather to punish the negligent facility and deter similar harmful behavior in the future. While Maryland does not have a statutory cap on punitive damages, they are rare and require proving actual malice, meaning an evil motive or intent to injure, which is a high legal bar.

Why Work with Elder Abuse Lawyers from the Jaklitsch Law Group?

When faced with the devastating reality of nursing home abuse, choosing the right legal representation is crucial. The Jaklitsch Law Group stands out as a nationally acclaimed firm, distinguished by its team of compassionate attorneys with experience in these complex cases. We bring extensive experience and resources to the table, adeptly navigating the intricacies of the legal system and federal and state regulations to build a strong case on your behalf. Our commitment is to identify violations and hold those responsible fully accountable for their actions.

We understand the emotional toll nursing home abuse takes on families. Our approach is rooted in compassionate representation, offering empathetic and supportive guidance throughout this difficult time. We recognize that every case is unique, which is why we develop a personalized legal strategy tailored to your specific needs and objectives. Our firm is dedicated to pursuing justice for victims and their families, tirelessly working to hold nursing homes and their staff accountable and seeking the maximum compensation available.

At The Jaklitsch Law Group, we prioritize open communication and trust, ensuring you are always informed about your case’s progress and that your concerns are addressed promptly. Our proven track record of success in securing justice and compensation for numerous families speaks for itself. When you choose our firm, you are entrusting your loved one’s case to a team that will relentlessly pursue justice with professionalism and care, ensuring they receive the outcome they rightfully deserve.

Reach Out to Our Maryland Elder Abuse Attorneys Today

The Jaklitsch Law Group has a proven track record of handling nursing home abuse cases and is dedicated to providing compassionate legal representation to ensure that elderly victims receive the justice and compensation they deserve. Contact us today for a free case consultation and to get your questions answered.

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