It is never an easy decision to transition a loved one to a nursing home. Once the decision is made and the move is complete, you feel relieved knowing your loved one is cared for. Even though the nursing home is taking over the around-the-clock care of your loved one, you’re still considered their primary caregiver.
As the primary caregiver, you should be informed and consulted about changes in your loved one’s health or living conditions. Every time you visit your loved one, you’ll check to see how they’re doing and what is happening at the facility. This is when you might notice something is wrong. It could be a change in your loved one’s attitude, physical appearance, or apparent signs of what is classified as nursing home abuse. In that scenario, you need to take immediate action.
That action can mean filing a report with the facility. In extreme cases of obvious abuse, you might have to step out of the facility and file an official claim with the Maryland Department of Health. This is also when you want to speak with an experienced nursing home abuse lawyer.
If you and your attorney agree that the situation rises to the level of filing a nursing home abuse claim, there are several parties and entities that you could be held liable for nursing home abuse. Consider the following:
Individual Caregiver
The most obvious party who can be held liable for nursing home abuse is the caregiver who committed the abuse. Every work shift at a nursing home involves several staff members with different levels of professional certification and training. Those staff members can include a nurse, a nursing assistant, a physical therapist, or a general caregiver who has direct contact with the residents.
You might find that a caregiver on the morning shift is amazing, but the night shift staff is not. It shouldn’t be hard for your attorney to conduct a thorough investigation and find the specific caregiver who can be held liable for the abuse incident. If proven, that caregiver could be held criminally accountable, and in the civil complaint, you’ll file against them.
The Nursing Home
Before you moved your loved one into the nursing home, you signed a contract that spelled out exactly what the nursing home was responsible for. Every Maryland nursing home must provide its residents with a safe and secure living environment. Someone can’t just walk into a nursing home and abuse a resident. They have to be hired. That means the nursing home needs to conduct a thorough background check. If something is missed or overlooked in that staff member’s past, that is the nursing home’s fault.
There are other factors to consider when naming a nursing home in your claim. In addition to negligent hiring, here are some different ways a nursing home could be held liable for the abuse:
- Failure to properly train staff
- Understaffing
- Overcrowding with the number of residents
- Inadequate security
- Failure to provide for residents’ basic needs, such as shelter, food, and water
- Failure to immediately treat injuries or illnesses
- Failure to uphold health and safety standards
- Unnecessary use of physical restraints
- Intentional abuse
When serious abuse occurs, it can be a combination of reasons.
The Nursing Facility Owner
A company owns every nursing home facility. It could be a single entity or part of a larger conglomerate. These entities must ensure that their facilities meet the standards set forth by the Maryland Department of Health. A nursing home does not operate in a vacuum. They are inspected yearly, and the owner is made aware of any deficiencies. If they fail to correct the situation, they can be held responsible for the actions of the staff and living conditions.
The State of Maryland
The state of Maryland would be at the top of the list of potentially liable parties. Yes, they make the regulations and conduct the inspections, but they must also enforce their findings. It is not enough to issue a citation. The state must step in and ensure the nursing home rectifies potentially harmful practices. Failing to do so can put every resident at the facility at risk.
Don’t Hesitate to Act
If you suspect your loved one or any resident of a nursing facility is being subjected to abuse, don’t hesitate to act. It doesn’t matter if the issue is cold food at the dinner service or the more severe appearance of bedsores; you need to step in and make your concerns known.
All of your communications with the nursing home should be in writing. You can also document the abuse with cell phone photos. This is what the team at GDH Law will want to examine. You can schedule a free case review where you can share your concerns, present your evidence, and get your questions answered. We’re standing by to help.
