Understanding Nursing Home Negligence in Maryland

When families place their loved ones in a Maryland nursing home, they assume that their loved one will be cared for properly during their stay. However, improper staffing, training, and other lapses can lead to serious issues for families. 

This article helps Maryland families understand what nursing home negligence is and how to recognize it. It also discusses the difference between nursing home negligence and other concepts, such as nursing home abuse. Finally, it explains how a Laurel nursing home neglect lawyer can help you and your family. 

What Is Nursing Home Negligence? 

To prove negligence, you will have to prove that your loved one was injured. You will also have to show that: 

• The nursing home had a responsibility to take (or not take) a particular action, 
• The nursing home failed to take the required action, and 
• The nursing home’s failure was the direct cause of your loved one’s injuries. 

Nursing home negligence can occur in various ways. While it’s easy to focus on individual employees, most issues start at the management level. Examples of negligence by nursing home management might include: 

• Failure to properly supervise staff
• Failure to properly train staff
• Hiring unqualified employees
• Failure to hire or schedule the appropriate number of employees to cover all residents 
• Failure to follow standard infection control procedures 
• Poor staff communication 
• Failure to maintain adequate and accurate medical records
• Inadequate emergency preparedness or response 
• Poor housekeeping or sanitation practices
• Failure to adequately maintain premises (e.g., floors, stairs, and green spaces) or equipment (e.g., bed rails, lifts) 

These failures can show that nursing home management played a role in your loved one’s injuries. 

Common Examples of Nursing Home Negligence 

Now that we’ve outlined some of the careless behaviors that nursing home leadership sometimes engages in, let’s look at a handful of examples that show how those actions can harm nursing home residents. 

• Failure to follow infection, cleanliness, and sanitation protocols can spread disease. If a nursing home does not require its staff to wash their hands, change gloves, or clean equipment between residents, diseases can spread like wildfire. 
• Inadequate protocols and staffing issues can lead to falls. Nursing homes must regularly assess their residents for fall risks. Moreover, people are prone to falls when transferring from beds to other places. As such, to prevent falls, nursing homes must ensure they have adequate staff on duty to assist residents with mobility. 
• Communication failures can lead to medication issues. Failure to create sufficient medication management policies —such as double verification, pharmacist review, etc.—can result in the wrong medication or dose being given. Poor charting practices or rushed handoffs during staff changes can lead to the same issues, as well as extra or missed doses of meds. 
• Failure to reposition regularly can result in bedsores. Bedsores aren’t just painful; they can lead to serious, life-threatening infections. Each nursing home must have – and follow – policies that ensure each shift turns the bed-bound residents.  
• Inadequate staffing and training can lead to elopement. Nursing home residents with Alzheimer’s or dementia can wander into unsafe places. Nursing homes must be properly staffed to ensure appropriate supervision. Staff must also be trained to deal with these situations. 

What’s the Difference Between Nursing Home Abuse and Negligence? 

Neglect refers to a person’s failure to do something that they should have done. For example, nursing home staff spill water on the floor. The spill hasn’t been cleaned for hours. A resident falls. The mess wasn’t left purposefully, so this is likely negligence.

On the other hand, nursing home abuse involves intentional mistreatment.  If the same nursing home had a staff member who deliberately pushed a resident to the floor to get back at them, it would be nursing home abuse, not neglect. 

How Do I Report Nursing Home Negligence? What Evidence Do I Need? 

It can be difficult for families to access information such as staffing schedules and policies. However, you can collect important facts.  

• Take pictures of injuries, unclear areas, or unsafe conditions.
• Keep a record of observations at each visit.
• Save all communications with nursing home staff about your concerns.
• Make note of what your loved one says about their facility.
• Note changes in your loved one’s behavior. 

Once you feel confident that your records show a pattern of neglect, you can report your concerns to the Maryland Office of Health Care Quality (OHCQ). The OHCQ can help you investigate. They can also impose penalties and citations for non-compliant homes. And while the OHCQ can’t sue on your loved one’s behalf, the agency’s findings can help you and your Laurel nursing home negligence attorney build a case. 

If you suspect that your loved one’s nursing home is not fulfilling its legal duty to provide safe, reliable care, contact the Law Offices of Thomas E. Pyles. Our Laurel nursing home neglect attorneys will help you and your family get to the bottom of things and ensure that your loved one’s rights, life, and dignity are respected and protected. Use our online contact form or call 301-705-5006 to schedule a free consultation.