Can Maryland Nursing Homes Be Liable for Resident-on-Resident Violence?

Nursing homes are not always responsible when a resident is attacked by another resident in the facility. However, if the nursing home knew or should have known that an attack was possible and did nothing to stop it, there may be a legal claim. 

This article discusses when a nursing home can be legally responsible for an attack by a resident. It also outlines what families can do after an attack. Finally, it explains how a Laurel nursing home negligence attorney can help. 

What Does Maryland Law Say About Resident-on-Resident Violence? 

Section 19-343(b) of the Maryland Health-General Article says that nursing home residents have “the right to be free from mental and physical abuse.” Later in the Article, it says that abuse is “the non–therapeutic infliction of physical pain or injury, or any persistent course of conduct intended to produce or resulting in mental or emotional distress.” This definition of abuse is broad enough to include physical, mental, and sexual abuse. 

When Can a Maryland Nursing Home Be Liable for an Attack by Another Resident?

Generally, nursing home attacks involve a legal doctrine called negligence. To prove nursing home negligence, you’ll have to prove that your loved one was injured. Then, you must prove that: 

• The nursing home had a duty to act in a certain way; 
• The nursing home did not fulfill its duty; and 
• The nursing home’s failure caused your loved one’s injuries. 

Duty

Maryland law clearly states that nursing homes have a duty to protect their residents. However, nursing homes cannot be expected to stop an attack if they have no idea that it’s going to happen. So, the question then becomes whether the nursing home knew or should have known that an attack was possible. 

Consider this: Resident A has just moved to the facility. He has no record of violence and generally seems calm. If Resident A suddenly slaps Resident B, it’s difficult to argue that the nursing home should’ve predicted this. 

Now assume that the nursing home knows that Resident C has a violent history. Resident C begins threatening Resident D. If Resident C follows through on the threats, it’s reasonable to say that the nursing home should have been aware of that possibility. 

A prior history of assault is a strong indication that an attack was foreseeable. Other warning signs might include: 

• Increasingly aggressive, erratic, or sexualized behavior 
• Frequent arguments or threats
• Resident or staff complaints 

Fulfilling the Duty 

The nursing home can fail at its duty in at least two ways.

First, the nursing home might not have done enough to identify potential dangers. For instance, a facility that does not properly assess residents for violence during intake is not protecting its residents. 

Second, after proving that the nursing home was aware of the danger, you must prove that they failed to take steps to prevent it. Once staff knows, the facility should take steps such as: 

• Reevaluating staffing levels
• Reassessing the resident 
• Increasing supervision and monitoring
• Separating roommates or reviewing room placements
• Updating care plans
• Investigating and reporting violent incidents 

Failure to take these or other steps could indicate that the nursing home is not taking its duties seriously. 

What Should I Do If My Loved One Was Attacked by Another Nursing Home Resident?

First, make sure that your loved one is safe and gets appropriate medical care. Then, you should: 

• Photograph any injuries 
• Ask your loved one what happened, if you are able
• Tell the facility about the incident 
• Write down the names of any witnesses 
• Ask for any relevant medical or other records 
• Report the incident to law enforcement and the Office of Health Care Quality.

Frequently Asked Questions About Resident-on-Resident Violence 

• How long do you have to file a nursing home negligence claim in Maryland?

It depends. Generally, Maryland’s statute of limitations is three years. However, when a case relates to professional services, such as a failure to properly diagnose, the period increases to 5 years. 

• Does dementia excuse resident-on-resident violence?

Not necessarily. Dementia can make people act unpredictably. However, this does not absolve the nursing facility of the duty to protect residents. 

• Can I sue the resident who attacked my loved one?

Yes. You can pursue a claim for assault and battery against them as well as any claims against the nursing facility. 

• Can the attacking resident remain at the nursing home after a violence report?

Maybe. Neither Maryland nor federal law requires automatic removal after a report. While both laws grant authority to remove residents who pose safety risks, that determination will likely be made after an investigation. 

How Can a Laurel Nursing Home Negligence Attorney Help with Resident Violence Claims?

Resident-on-resident violence is a serious matter. However, a nursing home negligence lawyer can help determine if the facility could have done more to prevent the attack. 

If your family needs legal help after a nursing home attack, contact the Law Offices of Thomas E. Pyles. We have decades of experience helping families of nursing home residents. Schedule your free consultation by calling 301-705-5006 or using our online contact form.