Elderly Abuse Lawyers in Maryland

Senior Abuse Lawyers Help Stop Abuse and Neglect

When you entrust your loved one to be cared for by a professional or a nursing home facility, you expect that your family member will be safe and properly cared for. Unfortunately, this does not always happen, and neglect and abuse of senior citizens occurs too often in Maryland. The result can be emotional and physical injuries, or even death.

If your family member has been harmed as a result of elder home abuse, neglect, exploitation, or negligence, you should get the help of an elder abuse lawyer who can take immediate steps to stop the abuse before the person is severely injured. If your loved one has already been injured or has died as a result, you may have grounds to receive compensation through insurance or a nursing home abuse lawsuit. A successful lawsuit can stop the neglect from continuing, provide financial compensation to victims and their families, and also deter a negligent nursing home and their staff from harming other individuals in the future.

Maryland elder abuse attorney Roger Weinberg focuses solely on elder abuse and neglect and understands the legal issues involved in abuse, neglect, and medical malpractice. Our compassionate legal team is here to support you and your loved one, make sure the abuse perpetrator is held liable, get the abusive situation to stop, and seek restitution for the harm your loved one received.

How Our Baltimore Elderly Abuse Lawyer Works for You

Why Choose Us

There are many lawyers out there, and you should find one that not only has the experience necessary to deal with elder abuse issues, but understands your situation and makes you feel comfortable. Here are some reasons why we believe the Law Offices of Roger S. Weinberg, LLC is your best choice:

• Our firm focuses only on nursing home and elderly abuse, so we know the courts, the system and all applicable laws. We know the tactics nursing homes and their attorneys use to avoid paying claims and are fully prepared to go up against them.
• We are experienced – Attorney Roger S. Weinberg has been practicing for almost 40 years, helping those injured by abuse and neglect in nursing homes, assisted living facilities and group homes. He has lectured and written numerous articles for the American Association for Justice and the Maryland Association for Justice to educate other attorneys.
• We have a long track record and experience of consistently and effectively representing our clients, and we have the client testimonials to prove it.
• We win big. We have won settlements such as the jury award for $1,000,000 in an action against an assisted living facility that failed to obtain emergency medical care for an 86-year-old woman.
• We are recognized in the community. Mr. Weinberg has been a guest lecturer on legal issues related to nursing home abuse and neglect at the University of Maryland, University of Baltimore, and Johns Hopkins University. Our firm won the Super Lawyers Award for 2019 and 2020.
• We offer free consultations. We are available to discuss your situation and determine the best way to move forward. We are thoroughly committed to stop abuse and win justice for elderly victims.

When you have Roger Weinberg on your side, we will get to work for you immediately. We will:

• Listen to what happened and personally discuss the merits of the case and what it may be worth.
• Make sure your loved one is removed from the abusive situation and gets proper medical care and ensure that all injuries are documented and the abuse is reported to proper authorities.
• Investigate the situation and gather evidence, such as surveillance videos, photographs of injuries, police and medical reports, records of previous complaints and abuse, and staff training requirements at the facility.
• Interview eyewitnesses, staff members, and other residents.
• File all legal paperwork in accordance with Maryland deadlines and court requirements and send notice of claim to defendants
• Negotiate with facility owners, insurance companies and their attorneys for a fair settlement.
• Take your case to trial and advocate for you in front of a jury if necessary
• Appeal any unfavorable decisions.

Senior Abuse Lawyer Explains What is Elderly Abuse

Elderly abuse is a comprehensive term that may be used to cover many different types of mistreatment. Abuse can come in the form of verbal or physical abuse or be manifested in the form of neglect. It can be caused by staff who intentionally harm a resident or by the negligence of a facility that doesn’t keep residents safe and allows one resident to abuse others.

Types of elder abuse include:

• Medical Neglect — failure by a medical professional to attend to or treat the patient’s health problems.
• Medical Malpractice – a type of negligence, malpractice claims can be brought against a medical professional for not providing standard and safe treatment, such as medication mismanagement, which results in the patient being injured or dying.
• Nutritional Neglect – dietary deficiencies.
• Wandering Off/Elopement – unsupervised wandering endangers residents who may find themselves in risky situations away from the facility.
• Unsafe or Deficient Facilities – hazardous living conditions such as lack of heat or water; unsanitary conditions such as fleas, lice or soiled bedding.

Learn more about the types of injuries caused by abuse in nursing homes.

Signs Your Loved One Is Being Abused or Neglected

Be on the lookout for indications that abuse is happening to your loved one, which could include changes in eating, sleeping or mood, unexplained falls, sores, cuts or bruising and discoloration. Here are some signs to look out for:

Physical Abuse:

• Unexplained broken bones, bruises, cuts, or burns
• Bleeding around the genitalia
• Malnourishment and dehydration
• Bed sores
• Unhygienic surroundings and odors of urine or feces
• Use of physical restraints

Emotional abuse:

• Changes in mood
• Frequent agitation or aggression
• A desire to withdraw from other residents
• Severe depression.

Sexual abuse:

• bruising on legs or thighs
• sexually transmitted diseases
• excessive agitation and pain when sitting or walking

Financial Abuse:

• disappearance of property or loss of funds

Learn more about the types of injuries caused by abuse in nursing homes.

Damages our Maryland Elder Abuse Attorneys May Win

In a successful nursing home abuse case, our attorneys may win an award for compensation for the injuries or loss of life your loved one suffered. This includes economic and non-economic damages, such as medical expenses, pain and suffering, loss of quality of life, and funeral costs if a wrongful death has occurred. In addition, surviving spouses and children may recover compensation for the emotional suffering they experienced because of the loss of their spouse or parent. In very rare cases, when abuse incudes actual malice with an intent to harm, punitive damages may be awarded as well.

Amounts of damage awards vary greatly, from the thousands to millions of dollars, depending on the circumstances of the case, the extent, severity and permanence of the injuries, and whether a death was involved. The skill and negotiating power of your attorney is also a factor.

Our Elder Abuse Attorneys Must Prove Negligence and Fault

To win your case, our Baltimore elder abuse attorneys would have to show that your loved one’s injuries were caused by another party’s negligence, carelessness, or willful behavior. Legally, this means showing the following elements:

• Duty: The party owed your loved one a duty of care to be kept safe from harm.
• Breach: There was a breach of this duty through abuse or neglect.
• Cause: This breach caused injuries to your loved one.
• Damages: You and your loved one suffered damages as a result.

Our attorneys would conduct investigations to find all parties responsible for the abuse and neglect and hold them responsible. These parties may include the owners and administrators of the facility, doctors, nurses, attendants, or other residents. They may all have insurance or assets that can go toward a settlement award, and they should all be held accountable for any type of abuse.

Maryland Elder Abuse Laws

Senior citizens in nursing homes or assisted living facilities have rights that are detailed in both Maryland law and federal law. New patients should receive a copy of the “Residents’ Bill of Rights” when they are admitted. The list of rights should also be posted in the building. These rights include the right to be treated with consideration, respect, and dignity and the right to be free from physical, verbal, sexual, and mental abuse.

If you have reason to believe a family member has not been afforded these rights, please ask questions and consider filing an official complaint. The nursing home should have a Resident Council that meets regularly to discuss concerns and pass their recommendations on to supervisory staff. Let them know about any questions you have. All 24 counties in the state of Maryland have a Long Term Care Ombudsman.

Maryland civil laws (Md. Code, Family Law § 14-101, § 14-302) require health practitioners, police officers, and human service workers who have reason to believe that a vulnerable adult is in danger to report that fact to the local department of social services, and any concerned person may also make such a report. The law’s purpose is to prevent or remedy neglect, self-neglect, abuse, or exploitation of vulnerable adults who are unable to protect their own interests and are at risk of immediate harm.

Maryland criminal laws (Md. Code, Criminal Law §§ 3-604, 3-605) state that it is a crime for a household member, family member, or anyone responsible for the supervision of a vulnerable adult to neglect or abuse the vulnerable adult or intentionally and maliciously inflict severe emotional distress on the vulnerable adult. In case of first-degree abuse that involves sexual abuse, serious harm, or death, it is a felony punishable by up to 10 years in prison and/or up to $10,000 in fines. Second degree abuse is a misdemeanor is punishable by up to five years in prison and/or up to $5,000 in fines.

Be aware that civil cases in Maryland have a statute of limitations. The law (Md. Code, Courts and Judicial Proceedings, § 5-101) states that you generally have a period of three years after the act which caused the harm in which you may file a civil lawsuit.  If a medical malpractice claim is filed against a doctor, nurse or pharmacist, the deadline can be as much as five years. Unless there is an exception, if you miss the deadline, the courts will refuse to hear your case.

Call Our Elderly Abuse Attorneys in Baltimore for Help

The Baltimore nursing home negligence lawyers at the Law Offices of Roger S. Weinberg, LLC, believe the elderly should be respected, not live in fear. If you think someone you love has been abused, mistreated, or neglected, we can help. We are very familiar with the laws that govern elder abuse in Maryland, and we have successfully handled countless cases of this nature. We will work aggressively to ensure that the damages are recovered and justice is served.

As pioneers in representing nursing home, assisted living and developmental disability victims, we offer a free consultation to evaluate your case.

At the Law Offices of Roger S. Weinberg, LLC, we pride ourselves on being legal advocates for families and patients throughout Maryland. Our attorneys can assist with the reporting process and help you seek compensation from any party who may be responsible for elder abuse or neglect. A free consultation with one of our attorneys could be the key to finding peace of mind about your loved one’s living situation. We’ll handle the details while you take care of your family. Delaying can only make the situation worse, so give us a call today at (410) 825-3161.