Maryland Nursing Home Abuse Lawyers

Maryland Nursing Home Abuse

Even as horrific instances of nursing home abuse become more well-known to the public, the sad truth is that nursing homes continue to engage in this behavior. They may do so out of the fact that few lawsuits have been filed against that particular nursing home to hold it accountable for its atrocious behavior. No one seems to have the power to enact change in the nursing home care systems except for licensed attorneys.

Attorneys in Maryland have a commitment to supporting loved ones who have been forced to deal with abuse and neglect affecting a loved one. The development of bed sores, noticeable cuts or abrasions and anxiety issues are all results that can happen when one is abused. It is important for family members to speak with attorneys when they are concerned that a loved one is being abused. With over 68 percent of Maryland nursing home receiving deficiency ratings in the quality of care provided to residents, it is time for family members to receive the legal help they need to deal with Maryland nursing home neglect.

Nursing Home Abuse Laws in Maryland

In Maryland, nursing home abuse laws are in place to protect the legal rights of nursing home residents. The governing sources of authority can be found in the Adult Protective Services Act, Institutional Abuse Act, Long Term Care Act and Nursing Homes Act. All of these pieces of legislation have been developed to provide widespread protections for nursing home residents. In particular, nursing home residents are susceptible to being victims of financial exploitation in nursing homes. In light of the poor economy, many nursing homes seek to take unauthorized funds from nursing home residents. Specific laws like the Elder Justice Act of 2009 provide a procedure for dealing with issues like abuse and financial exploitation. Any suspicion of abuse must be reported, and then owners of nursing home facilities must notify the government of a plan to transfer the resident. This Act now empowers more family members to take their loved one out of a bad situation and receive the help that they need.

Know the Legal Rights of Your Loved One

Your loved one also has certain rights subscribed under federal law in a nursing home. The Nursing Home Reform Act of 1987 is a major piece of legislation that has a list of residents’ rights. The major right of residents is to be free of abuse, mistreatment and neglect. Nursing home residents also have other rights such as the right to use self-determination, be free from physical restraints, right to have privacy, right to have medical accommodations, right to participate in social groups, right to be treated with dignity, right to review one’s care plan and right to be made aware of changes in a nursing home program or care plan.

If a loved one ever complains of abuse or other situations that violate these rights, family members should pay close attention to such complaints. Family members should be ready to react to such complaints and file a report. If you are unsure of what to do after a loved one has complained about abuse, then get in touch with a Maryland nursing home lawyer today. A Maryland nursing home lawyer can carefully consider any allegations of abuse and determine an appropriate way to proceed. Maryland nursing home lawyers will be able to help you handle this overwhelming situation.

Blue-CTA

Stand Firm with Help and Support from Maryland Lawyers

In a time of chaos, it can be difficult to know the right step to take. If you suspect that your loved one is being abused, then the first step you can take is to call a lawyer now. Having a lawyer on your side will help you feel empowered as you deal with nursing home administrators and other workers who may not wish to share information with you.  Speak with one of our lawyers today to receive the help that you need. Nursing home lawyers are here to support you and deal with Maryland nursing home neglect in areas such as:

You have the right to stand up for your loved one to ensure that he or she receives treatment that is in accordance with the law.

Nursing Home Negligence

STATUTE OF LIMITATIONS

  • 3 years with Discovery Rule. (Md. Code Ann., Cts. & Jud. Proc. §5-101 – Three-year limitation in general)
  • Medical malpractice – 5 years from the date of the act or omission that gave rise to the injury or 3 years from the date the injury was discovered. If claimant is under age eleven at time of injury, the SOL period begins at age eleven. If damage is to reproductive system or by foreign object, then SOL period beings at age sixteen. (Md. Code Ann., Cts. & Jud. Proc. §5-109 – Actions against health care providers)

DAMAGES CAP

  • Personal injury – Limitation on non-economic damages: In a personal injury action arising on or after July 1, 1986, noneconomic damages may not exceed $350,000. In action arising after October 1, 1994, noneconomic damages may not exceed $500,000. Beginning on October 1, 1995, the noneconomic damages limitation increases by $15,000 on October 1 of each year. (§11-108 – Personal injury action – Limitation on noneconomic damages)
  • Medical malpractice – For cases arising between January 1, 2005 and December 31, 2008, noneconomic damages may not exceed $650,000. Beginning January 1, 2009, the limitation on noneconomic damages will increase by $15,000 on January 1 of each year. (§3-2A-09)

Wrongful Death

STATUTE OF LIMITATIONS

  • 3 years. (§3-904 – Action for wrongful death)

DAMAGES CAP

  • Limitation on non-economic damages: In a wrongful death action arising on or after July 1, 1986, noneconomic damages may not exceed $350,000. In action arising after October 1, 1994, noneconomic damages may not exceed $500,000. Beginning on October 1, 1995, the noneconomic damages limitation increases by $15,000 on October 1 of each year. Total Recovery of all beneficiaries in a wrongful death case cannot exceed 150% of the cap regardless of the number of claimants or beneficiaries. (Md. Code Ann., Cts. & Jud. Proc. §11-108 – Personal injury action – Limitation on noneconomic damages)
  • Medical malpractice – For cases arising between January 1, 2005 and December 31, 2008, noneconomic damages may not exceed $650,000. Beginning January 1, 2009, the limitation on noneconomic damages will increase by $15,000 on January 1 of each year. (§3-2A-09)

Nursing Home Care State Law

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