Silver Spring Nursing Home Abuse Lawyer

Nursing home abuse is a grave concern affecting countless elderly residents in nursing homes and assisted living facilities across Silver Spring and throughout Maryland. Families trust these facilities to provide compassionate care to their loved ones, yet some nursing homes fail to uphold this responsibility.

Discovering signs of nursing home negligence can be overwhelming and distressing for victims and their families. Seeking legal help from a knowledgeable nursing home lawyer is crucial to protecting the rights of residents in Silver Spring nursing homes and holding responsible parties accountable. 

An experienced attorney can guide families through the legal process, helping them file a nursing home neglect claim, pursue financial compensation, and achieve justice for the harm endured.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to pursuing compensation for victims of nursing home neglect and abuse. Our law firm team brings extensive experience in handling abuse cases with sensitivity, achieving substantial settlements and verdicts.

We conduct comprehensive investigations to address every aspect of abuse, from medical bills and emotional trauma to other forms of harm suffered. With our thorough knowledge of nursing home abuse claims, we manage the legal process efficiently and fight relentlessly to uphold your rights.

From start to finish, we provide compassionate, transparent support, ensuring you and your loved ones stay informed, protected, and reassured at every step.

Types of Cases Handled by Our Silver Spring Nursing Home Abuse Lawyers

Nursing home abuse refers to any intentional harm or neglect inflicted upon nursing home residents, resulting in physical, emotional, or financial suffering. Abuse in nursing homes and assisted living facilities can take various forms, each posing significant risks to the health, safety, and dignity of elderly residents. 

Our Maryland nursing home abuse lawyers are well-versed in handling a wide range of abuse cases, including:

Physical Abuse

Physical abuse involves any form of physical harm inflicted on a resident, such as hitting, slapping, or using restraints unnecessarily. This physical violence often results in visible injuries, such as bruises, broken bones, and other physical trauma.

Mental and Emotional Abuse

Mental and emotional abuse can cause significant psychological harm to nursing home residents. This abuse may include verbal assaults, threats, intimidation, or isolating the resident from social interactions.

Sexual Abuse

Sexual abuse in nursing facilities involves any non-consensual sexual contact or behavior with a resident. Elderly and vulnerable residents are often unable to defend themselves, making them particularly susceptible to this violation of trust.

Medical Malpractice

Medical malpractice occurs when nursing home staff fail to provide adequate medical care, leading to preventable injuries or declining health conditions. Examples include untreated pressure ulcers, medication errors, and misdiagnoses.

Negligence

Negligence in nursing homes refers to the failure to provide basic care, which can harm or deteriorate a resident’s health. Neglect can manifest as poor hygiene, malnutrition, dehydration, or elopement (when residents wander away unsupervised).

Financial Abuse

Financial abuse involves exploiting a resident’s finances for personal gain, often without the resident’s knowledge or consent. This exploitation may include unauthorized access to bank accounts, theft of personal belongings, or coercing changes in financial documents.

Wrongful Death

In the most tragic cases, nursing home abuse or neglect leads to the wrongful death of a resident. When inadequate care, abuse, or nursing home negligence results in a resident’s untimely death, families can pursue a wrongful death claim. 

This legal action seeks justice for the loss of a loved one and holds the nursing facility accountable for its failure to provide safe and adequate care.

Understanding Your Legal Rights

Nursing home residents have specific legal rights under both federal and Maryland state laws, ensuring they receive dignified care and are protected from abuse and neglect. These laws set strict standards for nursing homes and other care facilities, making it possible for families to hold negligent facilities accountable when a loved one’s rights are violated.

The Nursing Home Reform Act of 1987 is a crucial federal law that established quality standards for nursing homes participating in Medicare and Medicaid programs. Under this act, nursing home residents are entitled to receive adequate care, protection from physical and psychological abuse, and the right to privacy, dignity, and autonomy. 

The law also requires nursing homes to provide services that meet residents’ comprehensive needs, including medical care, social services, and sufficient nutrition. Failure to adhere to these standards can result in federal penalties for the facility.

Maryland law mandates that nursing homes maintain a certain standard of care, including adequate staffing, proper supervision, and clean, safe living conditions. 

State regulations also protect residents from financial exploitation and guarantee their right to voice concerns without fear of retaliation. Maryland nursing homes must comply with these regulations to maintain their licensing.

Eligibility to File a Nursing Home Negligence and Abuse Claim 

Generally, a nursing home neglect claim can be filed by:

• Nursing Home Patients: If capable, the resident may file a claim directly to seek monetary compensation for their suffering and to hold the facility accountable.
• A Family Member or Legal Guardian: If a resident is unable to represent themselves, family members, such as children or spouses, can file a claim on behalf of the resident. Legal guardians appointed to oversee the resident’s well-being may also file claims when necessary.
• The Estate Representative: In wrongful death cases, the representative of the resident’s estate (usually a family member or designated executor) can file a claim to seek justice for the loss of their loved one due to nursing home negligence or abuse.

Liability in Nursing Home Neglect and Abuse Cases 

Identifying liable parties is essential to building a strong case, ensuring each responsible entity is held accountable for its role. Here are some examples of who may be liable in nursing home abuse cases:

• Nursing Home Staff Members: Caregivers, nurses, and aides are directly responsible for the day-to-day care of residents. When staff members engage in physical abuse, neglect, or emotional harm, they can be held liable for the injuries and trauma inflicted.
• Nursing Home Administrators and Management: If inadequate training, poor hiring practices, or a lack of supervision leads to abuse, management may be held accountable for negligence.
• The Nursing Home Facility: If systemic issues such as understaffing, poor resource allocation, or failure to comply with federal and state standards contribute to abuse or neglect, the facility itself may be liable.
• Third-Party Contractors: In some cases, nursing homes hire third-party contractors, such as medical providers or maintenance personnel, who may interact with residents. If these contractors cause harm or fail to provide appropriate care, they and their employers may also be held liable, especially if their actions result in serious injuries or damage.
• Physicians and Medical Providers: Medical providers, such as doctors and therapists working in the nursing facility, must deliver appropriate medical care. If a resident suffers due to medication errors, untreated pressure sores, or missed diagnoses, the medical provider can be held liable for failing to provide proper treatment.
• Corporate Ownership: When corporate policies, such as cost-cutting measures, lead to understaffing or inadequate care, the corporate owners may be held accountable for the facility’s failure to ensure resident safety and well-being

How Our Silver Spring Nursing Home Abuse Attorneys Can Help

Our nursing home negligence attorneys bring extensive experience to cases of elder abuse and neglect in nursing homes. With a deep commitment to protecting the rights of vulnerable residents, we provide compassionate, thorough support to help families seek justice and compensation. 

Our legal team has a proven track record of successfully handling a range of nursing home cases and is dedicated to guiding you through every step of the process. Here’s how we can assist you and your loved one:

Free Case Evaluation

We offer a free, no-obligation case evaluation to help families understand their legal options. During this consultation, our attorneys will review the details of your case, answer any questions, and outline the potential next steps. This initial assessment provides clarity and allows you to make informed decisions about pursuing a nursing home neglect claim.

Case Investigation

Our attorneys conduct thorough investigations to gather crucial evidence supporting your case. This step may involve collecting medical records, facility reports, witness statements, and documentation of the nursing home’s compliance history. 

Our goal is to uncover every detail that demonstrates how neglect or abuse occurred, strengthening your case against the responsible parties.

Filing the Claim

Once our investigation is complete, we file a formal claim against the nursing home or assisted living facility. We handle all necessary documentation, ensuring that every aspect of the claim is thoroughly prepared and filed within the legal deadlines. By building a compelling case, we help families hold negligent facilities accountable for the harm caused to their loved ones.

Settlement Negotiation

Many nursing home abuse cases can be resolved through settlement negotiations. Our attorneys are skilled negotiators who fight to secure fair compensation for the pain, suffering, medical expenses, and other damages suffered by your loved one. 

We work diligently to achieve a resolution that meets your family’s needs, allowing you to avoid the stress of a prolonged legal battle.

Trial Representation

If a fair settlement cannot be reached, our team is fully prepared to represent you in court. With specialized knowledge of Maryland laws, our attorneys will present a strong case, advocating for the justice and financial recovery your loved one deserves.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 108 Medicare-certified nursing home facilities in Silver Spring, with 39 facilities (36%) rated below or much below average overall. Specifically, 42 homes (39%) fall short in health inspections, and 34 (31%) have inadequate staffing levels. Fifteen facilities (14%) are rated poorly in quality measures. [1]

If you notice any of the following signs, it’s important to act quickly to ensure your loved one’s safety. Consulting with a Silver Spring nursing home abuse lawyer can help you understand your legal options and take steps to investigate and address any suspected abuse or neglect.

• Unexplained physical injuries like bruises, cuts, broken bones, or burns
• Sudden behavioral or emotional changes
• Fearfulness or anxiety around certain staff members
• Social withdrawal and isolation
• Untreated medical conditions, such as repeated infections or chronic illnesses
• Bed sores (pressure ulcers)
• Poor hygiene and unsanitary living conditions
• Sudden weight loss
• Financial irregularities

The worst-rated nursing homes in Silver Spring include:

What to Do If You Suspect Nursing Home Abuse

If you believe a loved one is experiencing abuse or neglect in a nursing home, taking immediate action is essential to protect their safety and well-being. Here are the steps you should follow:

• Call 911 if there’s immediate danger
• Report to the nursing home administrator or management
• File a complaint with your local ombudsman’s office
• Contact a nursing home abuse lawyer

Damages You Can Recover Through a Nursing Home Abuse Claim

If a loved one has suffered due to abuse or neglect in a nursing home, filing a claim can help your family seek damages and pursue justice for the harm endured.

Economic Damages

Economic damages cover the specific financial losses incurred as a result of nursing home abuse. These include:

• Medical Expenses: Costs related to treatments, medications, and rehabilitation needed to address injuries caused by abuse or neglect.
• Relocation Costs: Expenses associated with moving the resident to a safer facility to ensure their well-being.
• Additional Care Services: Fees for in-home care, physical therapy, or other necessary services resulting from the abuse.

Non-Economic Damages

Non-economic damages compensate for the intangible effects of abuse that don’t have a direct financial cost. Through a nursing home neglect claim, you may seek damages for:

• Pain and Suffering: Compensation for the physical pain endured due to injuries, such as bed sores or broken bones.
• Emotional Distress: Damages to address psychological impacts, like anxiety, depression, or post-traumatic stress resulting from verbal abuse or sexual assault.
• Loss of Enjoyment of Life: Compensation for the diminished quality of life that affects the resident’s ability to participate in activities they once enjoyed.

Punitive Damages

Punitive damages are awarded in cases of particularly severe or intentional abuse. They serve as punishment for the responsible party and a deterrent against similar conduct.

Wrongful Death Damages

If abuse or neglect leads to the tragic death of a nursing home resident, families can seek damages for their loss. These may include:

• Funeral and Burial Expenses: Compensation for the costs associated with the resident’s funeral and burial.
• Loss of Companionship: Damages for the emotional loss experienced by family members due to the resident’s untimely passing.
• Loss of Financial Support: Compensation for any financial contributions the resident provided, such as benefits or pensions.

Contact a Silver Spring Nursing Home Abuse Attorney Today!

With extensive experience handling nursing home abuse cases, our team at Nursing Home Law Center is dedicated to advocating for the rights of vulnerable residents and securing justice for families impacted by neglect and abuse. 

We have a strong track record of achieving compensation for the suffering, medical costs, and emotional distress endured by nursing home residents.

If you suspect a loved one has been subjected to abuse or neglect in a Silver Spring nursing home, don’t wait to take action. Contact us today for a free consultation to discuss your case and explore your legal options.

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

References: [1] Medicare