Wheaton Nursing Home Negligence Lawyers
Fighting on Behalf of Elderly Victims of Abuse & Neglect
Elderly adults require specialized health care and assisted living services. Their families entrust nursing homes to provide this care. However, far too often, due to their vulnerability, elderly adults end up suffering abuse and neglect at these facilities.
Nursing home abuse and neglect cases are very complex; as a result, it is extremely important that you work with an experienced attorney if you suspect your loved one is the victim of nursing home abuse or neglect. The Wheaton nursing home negligence attorneys at Portner & Shure, P.A. have been successfully representing nursing home negligence victims in Montgomery County and throughout Maryland for over 25 years. Currently, we are accepting cases involving COVID-19/coronavirus and nursing home negligence.
Please contact us online or by phone at (855) 954-4141 today to request a free, confidential consultation.
Common Signs of Nursing Home Negligence & Abuse
Very often, elderly adults are unable to inform their family members of the abuse that is being inflicted on them. Accordingly, it falls on family members to identify whether elderly adults are undergoing abuse or neglect.
Common signs of nursing home abuse and neglect include:
- Falls/fall injuries
- Changes in weight
- Behavioral changes
- Constantly being kept in an over-medicated state
- Family members discouraged from visiting
- Unexplained injuries or bruises
- Unexplained crying, fear, anger, etc.
- Unwillingness to speak in staff member’s presence
- Poor facility maintenance and upkeep
- Soiled bedsheets or clothing
- Unexplained changes in a will, trust, power of attorney, etc.
- Unusual withdrawals from bank accounts
- Poor staff-to-resident ratio
What Is Nursing Home Abuse?
Stated simply, nursing home abuse is a form of torture. Under federal law, nursing home abuse is defined as “willful infliction of injury, unreasonable confinement, intimidation or punishment with resulting physical harm, pain or mental anguish."
Nursing home abuse includes:
- Physical assault
- Sexual assault
- Mental and emotional abuse
- Deprivation of food, water, and medicine
- Financial abuse
Nursing home abuse is often perpetrated by nursing home staff members. Sadly, nursing homes sometimes fail to conduct proper background checks and hire staff members that are unfit for their duties. Worse yet, nursing homes sometimes hire staff members with criminal backgrounds.
What Is Nursing Home Neglect?
Nursing home neglect differs from abuse. Generally speaking, abuse carries an element of intent while neglect occurs due to negligence or indifference. Under federal law, nursing home neglect is defined as the “failure to provide goods and services necessary to avoid physical harm, mental anguish or mental illness."
Nursing home neglect includes:
- Failing to prevent bedsores
- Failing to prevent infections
- Failing to inform medical providers of medical issues
- Failing to prevent injuries such as falls
- Failing to prevent dehydration or malnutrition
- Failing to provide proper and adequate overall care
Similar to nursing home abuse, negligence often occurs due to staffing issues. Nursing homes either hire staff members that are unqualified for their position or, worse yet, do not hire sufficient numbers of staff members.
Nursing Home Negligence & Coronavirus/COVID-19
The recent coronavirus pandemic has resulted in significant fatalities in Maryland nursing homes. It is clear that this pandemic has exacerbated prior existing issues in nursing homes throughout the state.
Maryland law requires nursing homes to have written procedures regarding the standard of care for elderly adults and rules to prevent neglect. These rules and procedures, along with state health and CDC guidelines, are often ignored by nursing home staff members. Accordingly, many Maryland nursing homes have seen some of the worst effects of COVID-19 due to the amount of exposure elderly adults receive from staff members. This problem is likely to get worse as nursing homes are continuing to receive citations by the State of Maryland.
Injuries & Damages
Under Maryland law, nursing home abuse and neglect victims can claim economic and non-economic damages. Economic damages are meant to compensate an accident victim for medical bills and the cost of future medical care, among other financial losses. Noneconomic damages, on the other hand, are meant to compensate a victim for the pain and suffering caused by the abuse, as well as emotional distress and other intangible losses.
Litigation in Nursing Home Negligence Cases
A nursing home can be sued for negligence based on their failure to provide a reasonable level of care to nursing home residents. Nursing home cases are legally and factually complex. Insurance companies vigorously defend these claims. Accordingly, victims and/or their loved ones should retain an experienced nursing home negligence lawyer for help in seeking fair recovery.
Why Hire Portner & Shure, P.A.?
The Wheaton nursing home abuse attorneys at Portner & Shure, P.A. have been successfully representing nursing home abuse and neglect victims in Montgomery County courts for over 25 years. During this time period, we have obtained excellent results, as seen in the countless five-star reviews written by our prior clients.
Our firm receives no attorneys’ fees unless we obtain a settlement or judgement in court on behalf of the victim. We are currently screening and taking Wheaton, Maryland nursing home coronavirus cases.
To schedule a free consultation regarding your Montgomery County nursing home abuse case, call us at (855) 954-4141 or contact us online.