Maryland Nursing Home Residents May Suffer the Effects of Neglect
Last year, we discussed a heartbreaking story about the death of an 85 year old woman at ManorCare Health Services-Woodbridge Valley in Catonsville, Maryland. The family of the victim was suing Manor Care for $30 million – “$1 million for every hour their loved one was neglected” – claiming the staff’s obvious neglect directly resulted in the death of their loved one.
This particular story shows us the far end of the spectrum of neglect, it is true. Most nursing home residents are not in this kind of danger. But many are subjected to neglect every day, which can cause them harm, shorten their life-spans, and decrease the quality of their golden years.
What constitutes neglect at a nursing home?
Under Maryland law, nursing home abuse and/or neglect is a crime. Neglect is considered a form of abuse, because it denies the resident – through intentional design or not – the services and treatments he or she needs to live a healthy life. Some of the more common examples of nursing home neglect include:
- Leaving residents in dirty bed sheets and/or clothes
- Ignoring duties to help residents with proper hygiene, such as showering, assisting with the toilet, etc., or failing to provide assistive technology (wall handles, walk-in showers, raised toilet seats) for residents’ use
- Leaving impediments in walkways and hallways, making it difficult for residents to get from place to place
- Allowing immobile residents to develop bedsores because they are not moved into different positions during the day
- Failing to recognize the signs of bedsores, or failing to treat thec condition once it develops
- Failing to install bedrails, or to use them properly
- Not adhering to a set schedule for medications
- Allowing residents to become dehydrated or malnourished because the residents are being “difficult” about eating or drinking, or because residents require special diets
- Failing to provide engaging activities – including but not limited to games, exercise, puzzles and the like – for the residents to use
- Failing to engage with residents, or keeping residents isolated, so that they have no means of communication with other people or the outside world
These are the types of actions – or inactions – that are considered neglectful under the law. The Baltimore County Department of Aging has compiled a complete list of rules and regulations for nursing home patients in Maryland, including a Bill of Rights for residents. If you have a relative in a nursing home, or are considering putting your family member in a nursing home, it will help you to review these rules and rights on behalf of your loved one.
Why neglect happens
The story we discussed last year was particularly heinous, but also an outlier: most nursing homes do the best they can with what they have. Unfortunately, neglect is often the result of:
- Understaffing issues
- Lack of money in the budget
- Poor or inadequate training
- Overpopulation in the nursing home
- Not understanding the serious consequences of following the rules (both for the residents and the staff)
- Disorganization of resident histories or medical notes
Sometimes, a staff member will become frustrated with a “stubborn” patient, and not have the medical training to recognize symptoms of an underlying problems. Sometimes, staff members are distracted and simply make mistakes, or assume someone else has performed a job (like feeding or bathing a resident) and do not check. Most cases of neglect in Maryland nursing homes are the result of carelessness, not malicious intent.
Regardless of why your family member is suffering neglect in a nursing home, there are options for moving forward. Plaxen Adler Muncy, P.A. is one of Maryland’s premier personal injury law firms. We can help you make a claim for compensation on behalf of your loved one if he or she is being neglected or abused. To speak with an experienced Maryland nursing home neglect lawyer, please contact our firm.
Bruce Plaxen was honored as the 2009 Maryland Trial Lawyer of the Year by the Maryland Association for Justice, and assists victims of personal injury, car accidents and medical malpractice throughout the state. For more information on his legal background, please visit his attorney bio.