Nursing Home Injury Attorneys
You made the tough decision a while back when you realized your loved one needed long-term care and supervision. Then, you found what you thought was best nursing home or long-term care facility that would see to your loved one’s needs and care.
What do you do now to make sure that he or she is getting the right care and is not being mistreated or abused? There are different kinds of abuse that you need to look out for, and you need to know some things that you can do if you find that your loved one is being abused.
Types of Abuse
There are a number of ways that a resident-patient of a nursing home or care facility can be abused. Under federal law, your loved one has the right to be free from verbal, sexual, physical, and mental abuse.
Skilled nursing facilities provide essential care for many patients, but unfortunately negligence and violations of the law still occur far too often. There are several key areas where nursing homes can be held liable:
Elopement: When patients with dementia or Alzheimer’s wander away from the facility and become lost or injured, this is known as elopement. Nursing homes are required to have adequate supervision and monitoring systems in place to prevent elopement, and failure to do so can result in legal liability.
Bed sores: When patients develop severe pressure ulcers or bedsores due to inadequate repositioning, nutrition, or cleaning, this indicates neglect and substandard care. Nursing homes may be held liable for medical costs, pain and suffering due to bedsores.
Pharmacy errors: Wrong dosages, missed medications, or failure to properly monitor for drug interactions can have severe health consequences for patients. The facility is responsible for ensuring medications are ordered, dispensed, and administered correctly.
Abuse and neglect: Both physical and mental abuse of patients by staff, as well as failure to provide basic needs and services, are illegal and grounds for litigation. Nursing homes must have systems in place to prevent, identify, and properly respond to abuse allegations.
Families of patients who have suffered harm due to negligence in skilled nursing facilities have legal options to seek accountability and compensation through litigation. They should gather evidence such as medical records, staff testimony, and expert opinions from healthcare providers to support their claims. Holding negligent nursing homes responsible can help drive improvements that protect other vulnerable patients.
In addition, care facilities can’t subject him or her to corporal punishment-that is, physical contact with the body designed to inflict pain, like “spanking,” for example. Nor can facilities use involuntary seclusion, or “solitary confinement.”
“Neglect” can be a form of abuse. Neglect can take on a variety of forms, including the failure to:
- Provide clean and adequate clothing
- Provide medical care for both physical and mental health needs
- Protect the resident from health and safety hazards
- Protect an individual from abuse from other residents
- Prevent malnutrition and dehydration
When you visit your loved one, make sure the bathroom is clean, check for odors in the bed and on his or her clothing, pay attention to unexplained weight loss, and look to make sure his her hair and nails are clean. Also, pay attention to changes in behavior: is he or she more quiet than usual or seem depressed?
Though technically not “abuse,” a home or facility can’t misappropriate your loved one’s money or property or allow other residents to do so. Based on state guidelines, facilities must place resident funds in interest-bearing accounts and be able to provide a full accounting of the funds deposited. A nursing home cannot require a resident to deposit his or her funds with the nursing home in order to obtain care.
What the Home and State Must Do
A nursing home or care facility must develop and implement policies to protect residents from abuse. The policies must provide for the adequate screening, training and supervising of employees, as well how to identify, investigate, and report abuse.
A facility must ensure that all alleged violations involving mistreatment, neglect, or abuse, including injuries of unknown source and misappropriation of resident property, are reported immediately to the administrator of the facility and to other officials in the manner detailed by the laws of the state where the facility is located.
The state must investigate all allegations of resident abuse and neglect and misappropriation of resident property. If misconduct in fact occurred, the state must report the findings to the wrongdoer, the home’s administrator and, if applicable, the board of nursing, nurse aide registry or other appropriate state agency.
It is critical that you report immediately any abuse, or suspected abuse or mistreatment, to the administrator of the home or facility. He or she must investigate the matter. If you’re not satisfied with the response, then contact the adult protective service in your state, or your local area agency on aging.
A nursing home can’t stop you from visiting or evict your loved one simply because you reported abuse. However, the home can set reasonable “visiting hours,” and your loved one retains the right to refuse visits from particular persons, except his or her doctor and state or local officials.
Contact The Law Offices of Kim Parker, P.A., to discuss your loved ones nursing home injury or neglect in the District of Columbia. Our DC nursing home injury attorneys can share your options.
In – Depth Look at Nursing Home Abuse and Neglect
The results can be devastating when a long-term care facility fails to provide a safe environment. Families often feel shocked and uncertain about how to respond. Below are key points that explain the legal framework, common warning signs, possible compensation, and the steps to take when abuse or neglect is suspected.
Legal Elements for a Viable Claim
Negligence occurs when a facility breaches its duty to provide safe and proper care. This may involve ignoring hygiene needs, mishandling medications, or failing to prevent injuries. Evidence is required to show that the violation directly caused harm. Working with a nursing home injury attorney can help families collect the proper records and build a solid case. These cases often require the review of medical experts, staff schedules, witness accounts, and internal reports to document the scope of care failures fully.
Common Causes of Harm
Unsafe conditions often result from understaffing, high turnover, or poor oversight. Patients with dementia are particularly vulnerable to elopement or other incidents caused by a lack of supervision. Pressure sores, missed meals, or signs of financial manipulation may also indicate neglect. These patterns often call for a deeper look by a nursing home injury lawyer. In some cases, abuse stems from untrained staff or insufficient background checks, making it essential to investigate hiring practices and internal disciplinary records.
Potential Damages and Compensation
Claims can include medical costs, pain and suffering, and in severe cases, punitive damages. When substandard care results in long-term consequences, families may be able to recover compensation for both economic and emotional harm. A nursing home injury attorney will assess the circumstances and explain what may be recoverable under state law.
Immediate Steps to Protect a Loved One
If something seems wrong, document everything. Note who was on duty, what you observed, and when it occurred. Request a meeting with facility administrators. If the issue isn’t addressed promptly, report it to adult protective services or the appropriate local agency.
Mistakes That Undermine a Case
One of the most common errors is failing to document concerns in writing. Relying only on verbal explanations from staff or waiting too long to file a report can weaken your position. Even subtle changes in health or behavior should not be dismissed as normal aging—take them seriously and act quickly.
How Long Will the Process Take
Cases can take months or longer, depending on their complexity. Investigations may involve interviewing staff, reviewing care plans, and consulting experts. A nursing home injury lawyer can help speed up the process by organizing information and ensuring compliance with local deadlines.
Key Evidence and Burden of Proof
Families must demonstrate that the facility failed to meet an expected standard of care. Photos, medical reports, and staff logs are often helpful. Consistent documentation of poor conditions or injuries strengthens your case.
Unique Factors in the Washington, DC, and Maryland Area
Both jurisdictions have specific elder care rules, including reporting obligations and staffing requirements. Violations may result in citations, fines, or license revocation. A nursing home injury lawyer familiar with local regulations can guide you through the proper channels for action.
Frequently Asked Questions
- How long do I have to file a claim?
You generally have a few years from the date of injury, but deadlines vary. Consult an attorney as soon as possible. - Is hiring an attorney necessary?
While not required, legal representation helps gather evidence and handle complex requirements. - Which documents should I gather?
Collect medical records, photos, and notes about staff interactions or behavioral changes in your loved one. - What if my relative contributed to the injury somehow?
Depending on the state, partial fault may still allow for compensation. An attorney can clarify your options. - Are there specific protections in DC and Maryland?
Yes, both enforce strict nursing home rules. Violations may lead to legal penalties or regulatory action. - How much compensation is typical?
It depends on the severity of harm and associated costs. There is no standard amount—each case is unique. - Can we relocate our loved one during the investigation?
Yes. Families often move residents for safety, which won’t interfere with a legal claim.
Communities We Serve
We proudly assist individuals and families throughout Baltimore, Maryland, and Washington, D.C.