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If you feel like your loved one meets the criteria of nursing home abuse or neglect, contact a Maryland lawyer for nursing home lawsuits from Brown Kiely, LLP now. A nursing home lawyer Montgomery County victims rely on can help you file a claim or lawsuit against those responsible. A settlement or jury award can make all the difference when it comes to making sure your loved one has the funds necessary to get the medical care they need. He also handles a select number of business litigation and employment matters. Many of these residents are unable to communicate effectively because of physical or mental infirmities, and others remain silent because they fear retaliation from nursing home staff members.
Nursing facilities have numerous employees coming and going that could potentially bring the virus into the facility and circulate it to others. Many residents are transferred to and returning from hospitals with potential exposure. Shortages in staff become exacerbated as some workers may have children at home due to school closures, and many part-time workers seeking work environments with less risk for exposure.
When is a Nursing Home Liable for Abuse?
This is an independent study that shows that, comparatively, our state has substandard nursing homes. A nursing home advocacy group called Members of the Family has created a Nursing Home Honor Roll. You really want to think our seniors are living their golden years like we want to live ours. But there are so many cases that have come across my desk that I simply did not believe at first because the story of neglect and abuse seemed too far fetched. Every nursing facility is listed on its website to be used as a comparative tool.
Many times, these residents won’t be believed or can’t identify their attacker. Negligence and medical malpracticecan cause contagious diseases to flourish. If a medical professional fails to diagnose a condition, it may progress to the point where it’s impossible to treat. Giving a resident thewrong medicationor dosage can cause severe side effects. The failure of a facility to obtain emergency medical treatment can often be fatal. If there’s evidence that laws were broken or negligence occurred, you may be able to file a legal action and hold those responsible for the neglect or abuse accountable for their actions.
What Is The Duty of Care Owed by Maryland Nursing Home Facilities?
If you’re the resident of a nursing home or a loved one is a resident and is the victim of nursing home abuse, suffering physical or psychological abuse, you or your loved one has rights. If a nursing home resident is given the wrong medication, is given the wrong dose, or does not receive their medication at all, the result can be dangerous for the resident. For example, if staff fail to give a resident a scheduled dose of a certain medication, the resident’s blood pressure could suddenly drop, causing the resident to feel dizzy and fall down. The investigation includes interviewing your parent, family members, staff and management of the nursing home. A nursing home lawyer in Maryland from Brown Kiely LLP can review the investigation’s findings to make sure that it was handled correctly. The failure to use reasonable care at the level needed by law or existing market standards may mean neglect on the part of the assisted living home or team member.
Mr. Wright has also obtained numerous seven figure settlements on behalf of his clients. Most nursing home injury lawyers in Maryland work on a contingency basis, meaning that the plaintiff pays nothing unless their attorney is successful in winning financial compensation. The attorney will then receive a percentage of the damage award, usually between 30 and 40 percent of that award. The attorney will then receive a percentage of the damage award, usually between 30 and 40 percent. Abuse and medical malpractice can feel like your worst nightmare has come true.
A Maryland Nursing Home Abuse Lawyer Can Help
The jury will then decide whether the nursing home is at fault and, if so, how much you and your loved one will be awarded in damages. Do not sign anything given to you by the facility or an insurance company without first consulting an attorney. Nursing homes and their insurance companies might attempt to give you some form of compensation that is far less than what your loved one deserves. An experienced nursing home abuse attorney will know whether an offer is fair.
Marked emotional or physical change – If your loved one exhibits a marked emotional or physical change, it could be a sign of abuse or neglect. The natural aging process, however, can also cause such changes, and it’s important to distinguish between aging and poor care. Stay in close contact with your loved one, visit often and at irregular times, and question staff when you’re concerned.
Baltimore Nursing Home Abuse Attorney Turned Author
Nursing home staff members should be qualified to provide residents with the adequate level of care they need. Financial abuse occurs when the person responsible for monitoring an elderly person’s finances takes advantage of his or her position by misusing or stealing the victim’s funds, property or other assets. Emotional abuse occurs when a nursing home resident is subjected to behavior that may result in psychological trauma, such as anxiety, depression, irritability or post-traumatic stress disorder. The point is, this is not a bunch of lawyer-driven hype about the sad state of nursing homes in Maryland.
Before establishing her own firm, Ms. Zois was a defense attorney for major insurance companies including State Farm and Allstate. Ms. Zois has tried over 300 tort cases and has a track record in high-stakes malpractice and personal injury claims. She has won numerous multi-million-dollar cases including a $10,000,000 verdict in a complex medical malpractice case and an $8,000,000 verdict... If your elderly loved one passed away as a result of nursing home neglect, you might be entitled to receive a settlement for damages and losses in a wrongful death lawsuit.
Staff members should have the proper medical degrees, training and experience, along with no record of abuse or violence. Unfortunately, sexual abuse in nursing homes is much more common than previously thought. Since 2000, more than 16,000 cases of sexual assaults in nursing homes have been reported, according to a CNN investigation. More than 25 percent of cases involving nursing home sexual abuse involved a staff member or caregiver named as the abuser. MDLC is a non-profit legal services organization the Governor for people with disabilities within the State.
By failing to do their job correctly, regardless of whether the behavior was willful or accidental, any nursing home worker may cause an elderly person’s death. You may be awarded compensation for your loved one’s serious injuries or death caused by the negligence or abuse of staff and management. If you suspect that someone you love is suffering from nursing home abuse, do not hesitate to inform the facility’s administrative staff. If the abuse continues or you believe a resident is being physically threatened or assaulted, you should immediately call or the local police. Nursing homes are required to hire individuals who have the proper qualifications to provide quality care to elderly residents.
It is essential for your loved one’s sake to stay calm and attempt to resolve the matter in a reasonable way. Medical malpractice is usually seen in cases where a doctor or medical practitioner does not provide the standard of care to a nursing home resident that is required by their field. Medical malpractice could include medication errors, surgical errors, and failure to diagnose a patient with a particular illness. It’s difficult to keep updating every page on my site, but as of the date I’m writing this sentence, I’ve handled over 400 nursing home abuse claim reviews, investigations, and litigations.
Document any conversations you have with staff and keep notes on your family member’s condition. Photographic evidence can be very helpful as a visual representation of the abuse. Nursing homes have a responsibility to ensure their living spaces and common areas are safe and clean for their residents. It can also be detrimental to their state of mind to live in an unkempt living facility. When you visit your parents in the nursing home, be sure to check out the living conditions.
Sheila F. Fleshman is a partner at the firm of Sasscer, Clagett & Bucher. Ms. Fleshman's areas of practice focus primarily in litigation in the field of personal injury, including wrongful death, premises liability, and contractual matters. Leah K. Barron, a founding partner of Brown & Barron, LLC, has dedicated her legal career to protecting plaintiffs who have been harmed by corporate malfeasance.
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