Seniors who reside in assisted living or continuing care communities in Maryland have legal rights that should always be respected. These rights are listed in the Health General Article under Section 19-343. They state that nursing homes will provide residents with care while respecting their dignity, and respect the residents’ individualities. By law, facilities cannot refuse these rights to a resident as they are protected.

Residents have a long list of rights that make sure they’re treated fairly and respectfully. When a nursing home doesn’t uphold these rights and your loved one suffers as a result, the lawyers from Belsky, Weinberg & Horowitz, LLC may be able to step in and ensure your loved one gets the justice they deserve.

Unfortunately, falls are a common risk in hospitals and nursing homes. Elderly patients and residents face the risk of falling in a variety of situations – which can be related to medical malpractice and negligence in some cases. Because of this, it’s important to understand why these accidents happen so you can aid in the prevention of your elderly loved one falling.

According to the Centers for Disease Control and Prevention (CDC), 3 million elderly people are treated in emergency rooms every year for fall-related injuries. Below you’ll find additional facts and statistics regarding falls in hospitals and nursing homes.

• One in five falls results in serious injuries like broken bones or head injuries.
• Over 800,000 patients are hospitalized every year to treat fall injuries.
• Between 50 percent and 75 percent of elderly patients suffer from nursing home falls each year.
• Between 16 and 27 percent of nursing home falls occur due to environmental hazards, like inadequate lighting or slippery floors.
• Approximately 1,800 elders die each year as a result of a traumatic fall.
• In 2015, the medical costs associated with falls totaled more than $50 billion.

With those statistics in mind, let’s take a look at why these falling happen in hospitals and nursing homes.

Transferring patients can be an arduous task. If those doing the transfer are not careful, patients could suffer injuries. Some medical and nursing home facilities here in Maryland and elsewhere use lifts to help facilitate those transfers, which are supposed to be safer. However, if not used properly, it too, can lead to serious injuries or the death of a patient. Such an error may be construed as nursing home negligence by a court.

A family in a neighboring state believes that negligence led to the death of their family member. During a transfer using a lift on April 15, 2016, the woman fell. Reportedly, this was not the first time she fell or suffered injuries during a transfer. Her family says it happened no less than six other times prior to this fall, which they say led to her death eight days later.

In many aspects, families may consider an assisted living facility a better alternative to the traditional nursing home setting. Unfortunately, a new federal report states that, in spite of billions of dollars going to pay for this type of care for Medicare and Medicaid patients, there is little guidance or oversight provided to prevent nursing home negligence or abuse. The new report covers these designated institutions in every state, including Maryland, and calls for more regulation.

Maryland has its share of elderly who suffer from disorders such as dementia and Alzheimer’s, among other conditions that affect mental capacity. Families with older members who suffer from these conditions often find themselves looking for a nursing home that can provide the care that relative needs. During such a search, family members may make inquiries about nursing home negligence or abuse and look for any signs of it as they tour facilities. The problem is that not all negligence or abuse can be easily detected.

For example, inappropriate use of certain prescription medications could easily occur right under a family’s noses. Residents and their family members alike often trust doctors who care for nursing home patients. However, it is possible that a medication is being prescribed without necessity that could cause significant harm to a loved one.

Maryland families often struggle to find a place for an aging relative to live when it becomes obvious that he or she needs more care and monitoring than they can provide. They find a nursing home they believe will give their loved one the proper care, but unfortunately, they have no real way of knowing they made the right choice. Nursing home negligence takes many forms, and it can happen anywhere.

One facility in a neighboring state currently faces a wrongful death claim in connection with the demise of one of its residents. According to reports, the resident, a 77-year-old woman, was found three weeks after she disappeared from the facility in a ditch. It is alleged that the day she disappeared, the staff at the home failed to contact police for approximately two hours after it was discovered she was missing.

Many Maryland families are forced to come to the realization that their elderly loved ones need more care than they can provide. They find a nursing home they believe will provide the proper care their family members need, but then begin to wonder if nursing home negligence is taking place. This often begins as a nagging feeling that something just is not right.

It would be a good idea to heed those feelings. Even if they prove to be baseless, at least you would know that your loved one is being cared for in the manner you expect. If your instincts turn out to be right, you may save your loved one — and perhaps others — from needless suffering.

Trusting a loved to be cared for by someone else is a difficult decision, but it is often necessary for their care. Sadly, nursing home negligence and medical malpractice often occurs in Maryland nursing home facilities, placing patient’s lives and health at risk. A widow has filed a lawsuit against a nursing home and its owner following his unexpected death.

The 72-year-old man had been in the hospital and was transferred back to the nursing home facility where he had been prior to his hospitalization when an error occurred in his care. On the same day, another patient was admitted to the facility, and both patients arrived with prescribed medication lists. According to the lawsuit, a nurse mixed up the medication lists, and the men received each other’s medications for three days.

Watch for the signs of neglect or abusive treatment. The National Center for Elder Abuse (NCEA) believes that nursing home neglect and abuse is underreported and that research is lagging on the prevalence, the effects and prevention strategies.

The problem will only get bigger as the elderly population continues to grow. By 2030, there will be 70 million Americans over the age of 65, including 8 million who are 85 or older. More than 40 percent of senior citizens enter nursing home care at some point. Seniors with disabilities or dementia are especially at risk for physical, emotional, sexual and financial abuse

Without Intervention, elder abuse could become an epidemic

The NCEA reports that about 8 percent of the complaints about nursing homes received by long-term care ombudsmen relate to abuse, gross neglect or exploitation. Nearly 1 in 3 nursing homes are cited each year for violations of federal standards. In a 2010 study, more than half of nursing home staff admitted to mistreating patients through neglect, mental and verbal abuse or physical violence.

Elder abuse is not always outwardly visible 

People are more aware these days of the symptoms of nursing home abuse and neglect. If a loved one exhibited bruises, bedsores or other injuries, you would probably question him or her as well as the nursing home staff.

Sometimes elder abuse is not so apparent. Family members play an important role in ensuring the safety and well-being of their loved ones in a nursing home. When you visit, be vigilant for the subtle signs that something’s not right.