Columbia Nursing Home Abuse Lawyer

Nursing home abuse is an alarming issue affecting elderly residents in nursing facilities throughout Columbia, MD. The impact of such mistreatment can be devastating, often leaving victims and their family members facing emotional and financial challenges. Seeking the assistance of a skilled Columbia nursing home abuse attorney is essential. 

Legal representation ensures that those responsible for nursing home abuse are held accountable, and it helps victims and families pursue maximum compensation for the harm endured.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to obtaining justice and fair compensation for those affected by nursing home abuse. Our experienced legal team has a strong history of handling nursing home abuse cases, securing substantial settlements and favorable verdicts.

We perform detailed investigations to cover every aspect of the abuse, including medical expenses, emotional trauma, and other related damages. With extensive expertise in managing nursing home abuse claims, we effectively address the legal process and work relentlessly to defend your rights.

Types of Cases Handled by Our Columbia Nursing Home Abuse Lawyers

Nursing home abuse refers to any action or inaction by nursing home workers or management that causes harm to an elderly resident. This abuse can take many forms, affecting residents’ physical, emotional, and financial well-being. Below, we outline the main types of nursing home abuse cases that our nursing home attorneys handle.

Physical Abuse

Physical elder abuse involves intentional actions that inflict pain or injury on a resident. This assault can include hitting, slapping, pushing, or using excessive physical force. 

Improper use of restraints, which can cause bruises or even broken bones, also falls under this category. Such treatment results in severe bodily injuries and can leave nursing home patients in significant pain.

Mental and Emotional Abuse

Psychological abuse encompasses behavior that causes mental and emotional harm. Examples include yelling, threats, humiliation, or isolating the resident from other residents and activities. 

Signs can include sudden mood changes, increased anxiety, depression, or withdrawal from social interaction. Verbal abuse can severely impact a resident’s mental health and overall quality of life.

Sexual Abuse

Sexual elder abuse includes any non-consensual sexual contact or behavior directed toward a nursing home resident. This type of abuse can be especially devastating, particularly when residents are unable to report it due to cognitive or physical limitations. 

Indicators can include unexplained injuries, signs of trauma, or sudden behavioral changes such as avoiding certain medical staff or activities.

Medical Malpractice

Medical malpractice occurs when overworked staff or medical professionals fail to provide appropriate medical care, leading to harm. Common examples include untreated bed sores (pressure ulcers), medication errors, or failure to address serious medical conditions. These lapses in care can result in significant health complications, including infections, for residents.

Negligence

Nursing home neglect involves the failure to provide basic care. This neglect includes poor hygiene practices, inadequate nutrition, dehydration, or allowing a resident to wander unsupervised (elopement). Such neglect can result in extreme weight loss or injuries from unsupervised accidents.

Financial Abuse

Financial abuse refers to the unauthorized or illegal use of a resident’s assets or funds. This exploitation can include forging signatures, coercing changes to financial documents, or stealing personal belongings.

Wrongful Death

When nursing home abuse or nursing home negligence results in a resident’s death, it may be considered wrongful death. This loss can stem from severe neglect, medical malpractice, or physical violence. 

Families can pursue a wrongful death claim to seek justice and recover damages related to funeral costs, emotional loss, and financial support that the deceased provided.

Understanding Your Legal Rights

Nursing home residents in Columbia, MD, and throughout the U.S. are entitled to protection under federal and state laws that guarantee safe and respectful treatment.

Nursing Home Reform Act of 1987 is a key federal law that establishes strict regulations nursing facilities must follow to ensure residents receive proper care. This law enforces the right of residents to be free from abuse, exploitation, and neglect. 

It mandates that facilities maintain adequate staffing levels, provide necessary medical care, and create an environment that promotes the health and well-being of residents.

In addition to this act, federal regulations from organizations like the Centers for Medicare & Medicaid Services (CMS) set benchmarks for the quality of care in nursing homes. These regulations require facilities to uphold residents’ rights to dignity, privacy, and informed participation in decisions affecting their care.

Maryland state laws reinforce these standards by holding nursing homes accountable for violations. The Maryland Department of Health conducts regular inspections and investigations to ensure compliance with state and federal laws. Violations can lead to penalties, sanctions, or even the revocation of a facility’s license.

Eligibility to File a Claim 

In nursing home abuse cases, the victim can file a claim to seek justice and compensation for their suffering. However, if the victim cannot advocate for themselves due to cognitive or physical limitations, a family member or legal guardian can act on their behalf.

For wrongful death cases, surviving family members can file a claim to pursue compensation for the loss of their loved one. This settlement may include reimbursement for medical bills, funeral expenses, loss of companionship, and emotional distress.

Liability in Nursing Home Abuse Cases 

In cases of elder mistreatment, liability often extends beyond just the individual who directly harmed the resident. Multiple parties can be responsible for creating or allowing conditions that lead to nursing home negligence and harm. Below are examples of parties that can be liable in nursing home abuse cases:

Nursing Home Facilities

The nursing home itself can be held liable when poor management practices, insufficient staffing, or inadequate training contribute to abuse or neglect. For example, a facility that fails to screen employees properly or does not maintain safe living conditions can be found at fault if residents suffer physical injuries or mental illness.

Administrators and Management

Nursing home administrators and management staff enforce policies that ensure residents receive proper care. If they fail to address reported issues or knowingly allow unsafe practices to continue, they can be held accountable for substandard care and any resulting harm to residents.

Staff Members

Nursing home workers, such as aides and nurses, may be directly liable for acts of physical abuse, emotional abuse, or neglect. For instance, a staff member who handles residents roughly or fails to assist with basic needs, leading to bed sores or injuries, can be sued for their actions or inactions.

Medical Professionals

Doctors, nurses, and other medical personnel who work in nursing homes can be liable for medical malpractice, such as failing to diagnose or treat conditions properly. Medication errors, untreated infections, or ignoring symptoms of serious conditions can lead to severe harm or even wrongful death.

Third-Party Contractors

Third-party service providers, such as physical therapists or maintenance personnel, can also be held responsible if their negligence contributes to harm. For instance, if a maintenance worker fails to fix a broken handrail, resulting in a resident’s fall and subsequent injuries, they can be included in the personal injury claim.

Understanding who may be liable helps build a strong legal case and ensures all responsible parties are held accountable. An experienced nursing home abuse attorney can identify these parties and pursue legal action to secure the justice and compensation that victims and their families deserve.

How Our Columbia Nursing Home Abuse Attorneys Can Help

Our Maryland nursing home abuse attorneys at the Nursing Home Law Center have years of experience handling personal injury cases, including those involving nursing home neglect, medical malpractice, and elder abuse. 

Our law firm has helped many families recover financial compensation through skilled representation. Below, we outline the comprehensive services we provide:

Free Case Evaluation

We start by offering a free consultation to discuss the details of your case. Our team can assess your situation, explain your legal rights, and determine the best course of action at no upfront cost. This initial review provides peace of mind and helps you understand what to expect from the legal process.

Case Investigation

Our attorneys conduct a thorough investigation to collect vital evidence, including medical records, witness statements, and reports of past issues at the nursing home. This detailed approach allows us to build a strong case that shows how nursing home negligence or abuse occurred.

Filing the Claim

We manage the entire process of filing your nursing home abuse claim, ensuring all legal documents are properly prepared and submitted within the deadlines set by federal laws and Maryland court regulations. Handling this step is essential to pursuing justice and securing the compensation your family deserves.

Settlement Negotiation

Our nursing home abuse attorneys are experienced negotiators who will seek to reach a fair settlement that reflects the full extent of your damages. This settlement includes compensation for medical expenses, pain and suffering, and other related costs. 

We work directly with the insurance company and opposing counsel to secure an outcome that supports your family’s needs.

Trial Representation

Our team is prepared to represent you in court if a fair settlement cannot be reached. With extensive trial experience and a commitment to achieving justice, we provide strong representation to ensure that negligent nursing homes are held accountable for their actions.

Choosing our firm means having dedicated legal advocates at every stage of the process. We work tirelessly to protect your loved one’s rights and help your family recover maximum compensation for the harm they’ve experienced.

Common Signs of Elder Abuse Among Nursing Home Residents 

Columbia, MD, has 157 Medicare-certified nursing homes, with 66 facilities (42%) rated below or much below average. Specifically, 72 facilities (46%) fall short in health inspections, and 51 nursing homes (32%) have inadequate staffing levels. Twenty-four facilities (15%) rated poorly in quality measures. [1]

Identifying signs of elder abuse is essential for ensuring the safety and well-being of nursing home patients. Below are common warning signs to watch for:

• Bruises, cuts, or broken bones: Injuries that are not adequately explained by nursing home workers could indicate the use of physical restraints.
• Pressure ulcers (bed sores): These are signs of prolonged immobility and can indicate poor care and nursing home neglect.
• Repeated falls: Frequent falls without documentation may indicate a lack of supervision or substandard care.
• Sudden withdrawal or isolation: A resident who was previously social may begin to withdraw or show signs of emotional distress, which can be a result of psychological abuse.
• Aggression or depression: Mood swings, depression, or sudden outbursts may indicate verbal abuse.
• Unexplained genital injuries or infections: Any signs of trauma in this area should be taken seriously and investigated as potential sexual abuse.
• Extreme weight loss: Inadequate nutrition or hydration could indicate nursing home neglect and poor supervision.
• Poor hygiene: Unclean clothing, dirty skin, and foul odors are signs that a nursing home may not be providing proper care.
• Untreated medical conditions: If a resident’s medical needs are ignored or untreated, it could indicate negligence or poor care by overworked staff or medical professionals.
• Unexplained financial changes: Large or unexpected withdrawals, missing funds, or unauthorized changes to financial documents could be signs of financial exploitation.
• Fear or avoidance of specific staff members: Body language such as flinching, avoiding eye contact, or refusing to speak around certain staff may indicate abuse.

If you observe any of these warning signs, it is essential to take immediate action. Consulting with a nursing home abuse attorney can help you determine the next steps to protect your family member and pursue justice.

The worst-rated nursing homes in Columbia include:

What to Do If You Suspect Nursing Home Abuse

If you suspect that a nursing home resident is being abused or neglected, taking prompt action is crucial to ensure their safety and well-being. Here are the recommended steps to follow:

Call 911 if Immediate Danger is Present

If the resident is in immediate danger or requires urgent medical attention, call 911. Emergency responders can provide immediate protection and assess the situation to ensure the resident’s safety.

Report to the Nursing Home advocatesgement

Notify the nursing facility administrators or management about your concerns. Reporting the issue to facility leadership can prompt an internal investigation and help initiate protective measures for the victim and other residents.

File a Complaint with Your Local Ombudsman’s Office

The local Ombudsman advocates for elderly residents and helps investigate and resolve nursing home abuse and neglect complaints. Filing a complaint with the Ombudsman can initiate an impartial review and mediation to address the issue.

Contact a Nursing Home Abuse Lawyer

Consult an experienced Columbia nursing home abuse attorney to discuss your concerns and explore your legal options. A lawyer can guide you through the legal process, gather evidence, and help you pursue a personal injury claim or other action to seek justice and compensation for your loved one.

Damages You Can Recover Through a Nursing Home Abuse Claim

Victims and their families may be entitled to different types of damages when pursuing a nursing home abuse claim. These damages are designed to address the financial and emotional impact of the abuse or neglect. Below are examples of damages that can be sought:

Economic Damages

These damages cover the quantifiable financial losses related to the abuse:

• Medical bills: Reimbursement for expenses such as hospitalization, medications, physical therapy, and other treatments.
• Relocation expenses: Include the costs of moving the resident to a safer nursing facility.
• Lost assets: Compensation for financial abuse, such as stolen funds, unauthorized financial transactions, or missing personal belongings.

Non-Economic Damages

These damages address the more intangible effects of nursing home abuse:

• Pain and suffering: Monetary compensation for the physical pain endured by the resident due to abuse or neglect.
• Emotional distress: Damages for the mental anguish, anxiety, depression, or fear caused by emotional abuse or mistreatment.
• Loss of quality of life: Compensation when the resident’s ability to enjoy life has been reduced due to poor treatment or injuries.

Punitive Damages

Punitive damages may be awarded in cases where the abuse was intentional or particularly reckless. These damages are meant to punish the nursing facility or individuals involved and deter similar behavior in the future.

Wrongful Death Damages

If nursing home abuse or neglect leads to the death of a resident, the surviving family members can file a wrongful claim. Damages in these cases may include:

• Funeral and burial expenses: Coverage for costs associated with end-of-life services.
• Loss of companionship: Compensation for the emotional loss suffered by families due to the death of their loved one.
• Loss of financial support: Damages for the income or benefits the deceased would have contributed to their family.

Seeking compensation can help ease the financial and emotional burden on victims and their families while holding nursing homes accountable for negligent care. A Columbia nursing home abuse attorney can guide you through the process of recovering the damages your family deserves.

The Cost of Hiring a Columbia Nursing Home Abuse Lawyer

At our law firm, we understand that financial concerns can make seeking legal representation seem overwhelming. That’s why we offer our services on a contingency fee basis for nursing home abuse cases. 

This arrangement means you won’t pay any upfront fees or out-of-pocket expenses. We only collect a fee if we successfully recover compensation for you through a settlement or court verdict. This approach lets you focus on supporting your loved one without worrying about legal expenses.

You Have Limited Time to Take Legal Action in Columbia

If you suspect abuse or neglect in a Columbia nursing facility, it’s crucial to act swiftly due to Maryland’s statute of limitations. 

For most cases, the state typically allows three years from the date of the incident or the discovery of the abuse to file a claim. However, certain circumstances, such as cases involving incapacitated nursing home residents or wrongful death, can impact this timeframe.

Failing to file within the statute of limitations may result in losing the right to pursue financial compensation and hold the responsible parties accountable. Consult an experienced Columbia nursing home abuse lawyer as soon as possible to ensure it is filed on time, preserving your rights and maximizing your chance for a successful outcome.

Contact a Columbia Nursing Home Abuse Attorney Today!

Our law firm has extensive experience handling abuse and neglect cases in Columbia and Howard County. We are committed to holding nursing home facilities and their staff accountable for the harm they cause. With a track record of success, our nursing home abuse lawyers provide compassionate, skilled representation to guide you through the legal process.

If you suspect your family member has suffered from nursing home abuse, don’t delay. Contact us today for a free consultation to discuss your case and learn how we can help protect your loved one’s rights.

Call us at (800) 926-7565 or fill out our contact form.

References: [1] Medicare