Proving Elder Abuse in Maryland: A Guide for Families

Elders deserve to live out their remaining years in peace and safety. Sadly, this is not always the case. Maryland agencies investigate thousands of elder abuse cases each year.

If you or your loved ones suspect elder abuse, you may wonder how you can prove your allegations. This article discusses the ways in which families can prove elder abuse in Maryland. It also explains how you can file a complaint and how a Waldorf nursing home abuse lawyer can help your family.

What Is Elder Abuse in Maryland?

Maryland has several elder abuse laws. The one that targets nursing homes 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 language covers both physical and sexual abuse against elders. It can also apply non-medical confinement. Another law protects elders from physical and sexual abuse, neglect, and financial exploitation, regardless of where they live.

Many things can be signs of elder abuse. Some warning signs that families should make note of include:

• Physical abuse
  • New and unexplained injuries (e.g., bruises, cuts, burns, or fractures)

• Neglect
  • Pressure ulcers (also known as pressure sores or bed sores)
  • Dirty clothes
  • Lack of bathing or hair-washing  
  • Dehydration
  • Rapid weight loss

• Confinement
  • Injuries on the wrists or ankles that might indicate restraint
  • Changes in mobility
  • Doors that are locked at inappropriate or unexpected times

• Sexual Abuse
  • Torn or bloody undergarments
  • Bruising or other injuries around the breasts or genitals
  • Unexplained medication changes (especially in medications that cause sedation)

• Financial Abuse
  • Unexplained withdrawals from bank accounts
  • Missing valuables or financial documents
  • Changes to important legal documents or accounts
  • Unpaid bills

•  All forms of abuse
  • Changes in personality or behavior
  • Caregivers who refuse to leave the room while family is visiting
  • New fear of certain caregivers

This list contains just a few of the many factors that can indicate abuse. You know your loved one best. Make a note of any changes that you deem significant.

Evidence Families Can Use to Prove Elder Abuse in Maryland

Many kinds of evidence can prove elder abuse. Some common forms of evidence that families can access easily include:

• Photographs
• Videos
• Texts or emails between your family and the facility
• Medical records (if you have medical power of attorney)  
• Financial records (if you have financial power of attorney)
• Observations by other family members, facility residents, or care providers

Other pieces of helpful evidence can be discovered with simple requests or a bit of research. For example, you can search the Maryland Department of Health’s website to determine if the facility has failed inspections.

After gathering evidence, you should file a complaint. In Maryland, many state agencies – including your local county’s Department of Social Services and the Maryland Long-Term Care Ombudsman Program – investigate elder abuse. During their investigation, these agencies will be able to find evidence, such as police reports and employee time sheets.

If the agency investigation reveals abuse, your loved one or your family may be entitled to compensation. To get it, you’ll need to file a lawsuit. To start that process, you’ll need to hire a Laurel nursing home abuse attorney. After your case is filed, your lawyer will begin a process called discovery. Discovery allows each party in a lawsuit to request information from the other side. During discovery, your Leonardtown nursing home abuse attorney can ask the facility to provide information such as:

• Medical and financial records (if you don’t have power of attorney),
• Caregiver schedules,  
• Care logs (bathing schedules, etc.)
• Staffing logs,
• Medication Administration Records (MARs),
• Security camera footage,
• Staff policy handbooks, and
• Staff training records. 

A Waldorf nursing home negligence attorney can also help you find experts. These experts can conduct physical and psychological evaluations of your loved one to show how they were harmed. They can also help a jury understand medical records and the nature of injuries.

Protect Your Loved Ones from Nursing Home Abuse

If you suspect that your loved one is being abused in a nursing home or other facility, don’t ignore your suspicions. Start visiting the facility on different days and at different times. Unexpected visits will give you a truer picture of the situation. Keep a notebook that logs your observations at each visit. Take photos or videos of things that concern you. If your concerns aren’t addressed, contact one of the Maryland agencies that handle elder abuse. (Note: In an emergency, call the local police or sheriff immediately.)

If the agency proves that your loved one has been abused, you must protect their legal rights – and yours. If you are looking for representation in a case of nursing home abuse, nursing home negligence, or other similar matters, contact a Waldorf nursing home abuse lawyer at the Law Offices of Thomas E. Pyles. Our attorneys have years of experience helping Maryland families. We’ve handled nearly 400 jury trials. Contact us using our online contact form or call 301-705-5006.