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.

It may come as a surprise for people to learn that much of the cost of nursing home care in the U.S. is covered by the federal Medicaid and Medicare programs. Consider that the price tag for this care reached an astounding $75 billion in 2014 alone.

While this steady stream of reliable income is naturally a great boon to U.S. nursing homes, as with most situations in life, there is no such thing as a free lunch. Indeed, in exchange for federal funding, nursing homes must agree to abide by rules established by the U.S. Department of Health and Human Services.

As it turns out, HHS Secretary Sylvia Matthews proposed a groundbreaking set of rules, slated to be rolled out in three separate phases, just last year. In fact, the first of these phases officially took effect in late November, marking the first time in 25 years that the federal rules for nursing homes have undergone any substantial changes.

Federal agency ruling benefits 1.5 million elderly

Arbitration can be a good option for resolving legal disputes. At many nursing homes, it is the only option. The fine print of care contracts prevents patients and their families from bringing lawsuits for fraud, injuries, abuse or wrongful death. Their only recourse is arbitration, which is binding and private. Nursing home owners say this helps them control costs. Critics say it helps providers avoid accountability.

In September, the federal Department of Health and Human Service ruled that nursing homes receiving federal funds cannot mandate forced arbitration. Since more than 70 percent of nursing home residents qualify for Medicaid or Medicare, the ban affects the vast majority of the 1,500 nursing homes across the country. For now, the rule applies only to new admissions, not existing nursing home contracts.

When most people hear the terms nursing home abuse or nursing home neglect, what likely springs to mind are things like bedsores, malnutrition, medication errors, falls and unacceptable living conditions.

While this is certainly accurate, the unfortunate reality is that these terms have recently expanded to include yet another form of deplorable and demeaning conduct: social media abuse.

Indeed, major media outlets and public advocacy groups have recently reported on an alarming rise in the number of nursing home residents across the country being unknowingly victimized by staff members who post dehumanizing videos and photos of them on social media platforms like Facebook, Instagram and Snapchat.

As appalling and unbelievable as this type of conduct is, the good news is that it is now on the radar of federal officials.