Articles Posted in Nursing Home Lawsuits

The Baltimore County Department of Aging has put out a nice summary of the Maryland COMAR regulations covering nursing homes. COMAR is the official compilation of all administrative regulations issued by Maryland state agencies.

If you think you have been a victim of nursing home medical malpractice in Maryland, call 800-553-8082 or get a free online consultation.

Maryland Family Law Code §§14-101-14-309 provides statutory regulations for Adult Protective Service.

One interesting feature of the law is that it provides legal protection for those who in good faith initiate or participate in a nursing home investigation. It other words, you have immunity for reporting an elder abuse situation even if you end up being wrong.

Honestly, I think this just repeats Maryland law. The following concerns deserve attention: abuse, neglect, and exploitation. Although it has nothing to do with potential nursing home lawsuits, another huge concern that needs to be reported is self-abuse, the inability of a vulnerable adult to provide for his/her physical or mental health and well-being.

This is another “anywhere else than Maryland” wrongful death nursing home verdict. A jury in Kentucky awarded $42.75 million to a 92 year-old man’s family who claimed neglect during a nine day stay at a nursing home, saying the home’s neglect led to the man’s death, according to court documents.

Put this in context. In Maryland, the maximum recovery in this case – excluding any medical bills – would have been $812,500.

A new American Association of Justice report entitled “Standing Up for Seniors” underscores that nursing home lawsuits help improve nursing home care for the 1.5 million Americans who are in nursing homes.

No one is surprised that a significant number of our nursing homes are disaster areas, the antithesis of the environment in which people should spend their final years. Nursing homes have become big business in this country and less care equals more profits. The general public gets this and we are taking steps to try to improve the nursing home problem in this country. There are many laws and regulations aimed at protecting nursing home residents.

But the problem with nursing homes and laws that restrict them is analogous to the arms race between police and drivers with radar and radar detectors. Maryland comes up with a new nursing home law to restrain and monitor nursing homes and the nursing homes come up with some sort of way to technically comply outside of the spirit of the law. (This is not just a shot at nursing homes but at capitalism in general. Capitalism is the best economic system in the history of the world but it is not perfect and it has byproducts.)

Bedsores in nursing homes almost invariably result from the negligence of the nursing home in their failure to properly care for their residents. Usually, these injuries occur in residents who are partially or completely incapacitated. These patients need care and adjustment to avoid the formation of bedsores.

Obviously, we know the cost of bedsores to the neglected patient: awful pain that can be permanent and even fatal. According to a new study, bedsores are the most costly injury to society, resulting in medical costs of almost $3.9 billion. That’s the lifetime income for your 2,000 best friends.