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When the time comes to move a loved one into a nursing home facility, you hope you never have a need to consult with a Baltimore nursing home neglect attorney. This time of your life and that of your loved one is difficult enough without having to contend with a possible legal claim. However, if you find your loved one may be suffering injury or neglect, it’s important to contact an experienced nursing home neglect lawyer quickly.
You may have had to place an elderly or disabled family member at a nursing home, either because as a practical matter there was no other choice or because your family member didn’t want to live alone any longer. It’s a common occurrence as more of the population ages and suffers from chronic health conditions, and families are more scattered and less able to care for elderly and disabled family members by themselves.
Placement may have happened because your family member was hospitalized and unable to live safely at home or the family member needs rehabilitation following a surgery or illness. You may have had some time to do some research and visit different nursing homes before decisions were made about where a family member should live. No matter your situation, you made the best choice you could under the circumstances. You put your trust in a nursing home and hoped your family member could live a long and comfortable life as long as possible there. But your trust may have been misplaced. Your family member may have suffered from neglect at the hands of nursing home staff and management, sustaining an injury as a result.
Some find that what appeared to be a safe and caring facility where qualified and motivated employees work is actually a place that’s more like a warehouse for the elderly and disabled. Staff is stretched thin and employees can be stressed, uncaring and even abusive. Residents don’t receive proper care, suffer infections, fall because they aren’t properly supervised or fall precautions weren’t in place, wander off the property and may abuse one another. Management keeps a closer eye on the bottom line than on the care of patients.
If you and your family are in this situation, don’t feel embarrassed. You made the best decisions you could and relied on people who were supposed to help you. Instead you should take action to help your loved one end the neglect, find a safe place where he or she can live and contact our office. Talk to our Maryland nursing home neglect lawyer to learn how those responsible for the neglect can be held accountable and how compensation for injuries can be obtained.
Your loved one could face many challenges in a poorly run nursing home:
If you fear your loved one has been subjected to neglect, there can be many signs and symptoms to look for. They can be physical (unexplained bruises, broken bones or weight loss) or psychological (being fearful, detached, and hesitant to answer questions). If you think neglect has happened you should report it to the facility’s management and call Baltimore nursing home neglect attorney Roger Weinberg.
A nursing home could be held legally responsible for harm to a patient if it can be shown that harm was caused by the facility’s negligence. Personal injury and medical malpractice lawsuits are types of negligence actions that can be filed against a nursing home operator. All negligence claims have four elements that the plaintiff has the burden to prove.
In a case involving possible neglect by nursing home staff, the plaintiff would need to show these things:
Common occurrences that can lead to a nursing home neglect lawsuit include the failure to do the following:
If you believe your loved one has been injured at a nursing home it’s important to act. It may not be easy to know what happened, especially when your family member has difficulty communicating. After you contact our office we will start an investigation which may prevent evidence from being lost or destroyed and allow us to interview witnesses while they’re still available. This could lead to evidence that could be used to show what happened, what needs to be done to prevent it from happening again and whether the nursing home is at fault.
In Maryland the statute of limitations is a three-year time limit for when a plaintiff needs to file a personal injury case against a nursing home. A medical malpractice claim has a limit of three to five years, depending on when the injury was discovered.
There are new rules regarding forced arbitration in nursing homes that go into effect in November 2016.
You shouldn’t wait nearly that long to contact us about a possible legal claim. You should reach out to us as soon as possible so we can start an investigation and you can learn about your rights and what you should and should not do to protect your legal claims.
We are a recognized elder abuse litigation law firm that primarily focuses on holding nursing homes and assisted living facilities accountable for their negligent actions. Our founding attorney, Roger S. Weinberg, started the Maryland Trial Lawyer’s Association’s Nursing Home Litigation Section and has fought for people like you for more than 30 years.
Call the Law Offices of Roger Weinberg, LLC, at 1-866-529-5839 from anywhere in Maryland, or fill out this contact form. Our Maryland nursing home neglect lawyers have been practicing in this area for decades. We know the rights of nursing home patients, the legal obligations of nursing homes and we understand how the nursing home industry works.
Our Baltimore nursing home neglect attorney recognizes that while there are many facilities that do a respectable job, there are just as many that do not — and it’s the vulnerable, elderly residents who pay the price. We understand that representing neglected nursing home residents and their families is a heavy responsibility and that our clients hire us because they need someone they can trust after a nursing home violated the trust they put in them. We earn our clients’ trust every day.