Is Nursing Home Abuse Considered Medical Malpractice in Maryland?

Nursing home abuse is a major concern for families who entrust the care of their loved ones to healthcare facilities — especially in Maryland, where a growing elderly population requires attentive and compassionate care. So, when cases of abuse or neglect occur, family members may have some questions as to the legal framework by which they could obtain justice for their loved ones. 

A question that may arise is whether or not nursing home abuse can (or should) be treated in the same manner as medical malpractice in Maryland. Below, our Laurel nursing home abuse lawyer discusses particular distinctions that must be made between the two before answering that question.

What is Considered Nursing Home Abuse?

Various types of nursing home abuse can happen, including physical abuse, emotional abuse, neglect, and financial exploitation. The intentional actions of nursing home staff, nursing home administrators, or other residents can result in abuse. Examples of nursing home abuse include:

• Physical abuse: Hitting, shoving, or using excessive force on a resident.
• Emotional abuse: Verbal insults, threats, or isolation of a resident.
• Neglect: Failure to provide basic needs, such as food, water, hygiene, or medical care.
• Financial exploitation: Theft or manipulation of a resident’s financial resources.

Nursing home abuse is a violation of the resident’s rights and Maryland state law, but whether it falls under medical malpractice depends on the specifics of the case.

Medical Malpractice Defined

Medical malpractice usually means that a doctor, nurse practitioner, or other healthcare worker has acted in a way that departs from the accepted standard of care and causes harm to a patient. To prove medical malpractice in Maryland, the following must be met:

• Duty of Care: The healthcare provider had a legal duty to provide care to the patient.
• Breach of Standard of Care: The provider failed to meet the standard of care expected in similar situations.
• Causation: The breach of duty directly caused harm to the patient.
• Damages: The patient suffered measurable harm, such as physical injury, emotional distress, or financial loss.

Please note that in medical malpractice cases, the plaintiff must often rely on expert testimony to demonstrate that the care provided was below the accepted standard and directly caused the injury.

Distinguishing Nursing Home Abuse from Medical Malpractice

Although these two concepts are often intertwined, medical malpractice and nursing home abuse are fundamentally different. Nursing home abuse typically involves intentional harm or neglect, whereas medical malpractice usually stems from unintentional errors or omissions in medical care. Under Maryland law, this distinction is crucial because it can significantly impact which legal options are available and what type of financial recovery can be obtained.

For example, if a nursing home resident is injured due to deliberate physical abuse by a staff member, this would generally be classified as a personal injury or civil rights violation rather than medical malpractice. Alternatively, if harm occurs because a nurse administers the wrong medication, it may be considered medical malpractice.

When Nursing Home Abuse May Be Medical Malpractice

Some instances of nursing home abuse may be deemed medical malpractice, particularly when the abuse or neglect is related to the resident’s medical care.

For example, if a healthcare professional in the nursing home fails to recognize a severe medical condition, such as a bedsore or infection, and it leads to severe injury or death, this may be medical malpractice.

In these cases, the plaintiff would need to prove that the healthcare provider breached the standard of care and that this breach resulted in injury or harm to the resident.

Legal Options for Nursing Home Abuse in Maryland

Depending on the abuse or neglect and the resulting injuries, family members may choose to pursue actions under personal injury, wrongful death, medical malpractice, or civil rights violations laws. 

Nursing home abuse cases that involve medical malpractice require specific steps.  For instance, Maryland requires plaintiffs in medical malpractice cases to file a Certificate of Merit from a similarly qualified healthcare professional who explains why the standard of care was not met.  

It is also important to note that Maryland has a statute of limitations for medical malpractice and personal injury claims. Generally, harmed individuals have five years from the date of injury or three years from the date the injury was discovered to file a lawsuit, whichever comes first.

Have Questions? Speak to a Laurel Nursing Home Abuse Lawyer Today

In Maryland, nursing home abuse may or may not be considered medical malpractice, depending on the nature of the abuse. While intentional harm, such as physical or emotional abuse, is typically not categorized as malpractice, cases involving medical negligence, such as medication errors or failure to provide appropriate medical treatment, can be considered under various medical malpractice laws. 

If you or a loved one has questions or concerns regarding your rights and options under the law, contact us to discuss the specifics of your case.