With the growing elderly population, millions of Americans live in long-term care facilities because they have ongoing physical or mental conditions requiring constant care and supervision. These long-term care facilities, often called nursing homes, are supposed to provide our elderly loved ones a safe and caring place to live. This typically includes providing nursing care, 24-hour supervision, meals, and assistance with everyday activities.
Unfortunately, sometimes the nursing homes and care facilities don’t treat our loved ones with the level of care they deserve. This can be due to negligence or straight-up abuse by healthcare providers. Even worse, patients in these facilities often cannot report the abuse they receive because of declining cognitive function, disability, or fear of retaliation. From the outside, it can be difficult to identify the abuse, especially if you don’t know what to look for.
When a nursing home or other care facility causes you or a loved one serious personal injuries, it is natural to want to learn more about your rights to compensation for the damages you or your loved one has suffered. Our compassionate and dedicated team of nursing home malpractice and nursing home abuse and neglect lawyers offer victims and their family a FREE consultation to learn more about their rights under the law, and aggressively fight for the compensation that victims of medical malpractice deserve.
What is Nursing Home Neglect?
Federal law (42 CFR § 488.301) provides that nursing home neglect “is the failure of the facility, its employees or service providers to provide goods and services to a resident that are necessary to avoid physical harm, pain, mental anguish, or emotional distress.” As explained below, the key difference between neglect and abuse is intent. Negligence can be unintentional, such as simply forgetting to give a patient their medicine or leaving the patient unattended for too long resulting in a fall. While there may not be any intent to do harm, the harm that actually results from negligence can be severe.
Red flags of nursing home neglect include:
- lack of personal hygiene
- unsanitary and/or unsafe living conditions
- poor nutrition
- unexplained injuries
What is Nursing Home Abuse?
Federal law (42 CFR § 488.301) provides that nursing home abuse is “the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish.” Abuse also includes “the deprivation by an individual, including a caretaker, of goods or services that are necessary to attain or maintain physical, mental, and psychosocial well-being.” content is key with abuse. It is difficult to imagine anyone willfully inflicting pain on a vulnerable, elderly individual. Tragically, complaints of nursing home abuse are continuing to rise.
- sexual abuse
- physical abuse
- financial abuse
- mental abuse (including verbal intimidation, etc.)
Neglect and Abuse Are Both Prohibited By Federal and State Law
What to do if you suspect neglect or abuse?
- If you suspect that your loved one is in immediate danger, you should call 911.
- If the situation is not an immediate emergency, the next step is to contact a skilled local attorney with experience handling cases of nursing home abuse. The Law Offices of Cardaro & Peek are here to help you in this difficult time. We will help you fight to hold the nursing home accountable and obtain the compensation that you and your loved one deserve.
Contact The Law Offices of Cardaro & Peek, LLC Today
Do you believe that your loved one is a victim of nursing home abuse or neglect in Maryland? The lawyers at Cardaro & Peek can help.
The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington, D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook, Twitter, and LinkedIn for more information.