Under some circumstances, nursing home abusers could face felony charges for the harm they caused. These potentially include cases where they caused serious injuries or engaged in sexual abuse.
If you believe your loved one was a victim of abuse or neglect in their long-term care facility, a Jenner Law nursing home abuse lawyer in Clinton can handle your case. You could hold the facility and its administration accountable regardless of the outcome of the criminal case. Most attorneys will represent your family members with no upfront fees or costs.
What Does Maryland Law Say About Nursing Home Abuse?
Beginning with Md. Code Criminal Law § 3-604, Maryland law outlines the criminal statutes that protect seniors and other vulnerable adults from abuse by their caregivers. Prosecutors may change these acts as felonies or misdemeanors under the applicable laws.
Felony Abuse or Neglect
When abuse or neglect of a vulnerable adult causes serious bodily harm or death or involves sexual abuse, the perpetrator may face first-degree felony charges. If convicted, they could receive a sentence of up to a decade in prison and $10,000 in fines.
Misdemeanor Abuse or Neglect
When abuse or neglect of a vulnerable adult causes less serious physical injuries or severe emotional distress, the perpetrator may face second-degree misdemeanor charges. If convicted, they could spend up to five years behind bars and a $5,000 fine.
Under these laws, the staff, volunteers, and supervisors at a nursing home could face serious criminal charges and face years in prison if they perpetrated abuse or allowed it to occur in their Maryland facility.
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What Is Nursing Home Abuse?
Nursing home abuse occurs in many ways. Neglect could be unintentional, caused by overcrowding, understaffed conditions, or untrained workers. Abuse, however, is always intentional.
Some of the ways nursing home residents suffer at the hands of abusers include:
- Neglect, such as missing meals, skipped medication doses, and poor hygiene
- Physical abuse, including hitting, shoving, or unnecessary restraint
- Sexual abuse, which encompasses a wide range of inappropriate actions, including rape
- Emotional abuse, such as threats, humiliation, embarrassment, and bullying
- Financial abuse, including theft, charging for services they never received, or illegally accessing bank accounts
If you report suspected elder abuse to a nursing home staff member, they have a responsibility to investigate. Alternatively, you can report it to your local Adult Protective Services office or call 9-1-1 if you believe a nursing home resident is in immediate danger.
Does Nursing Home Abuse Always Result in Criminal Charges?
Not all nursing home neglect or abuse allegations result in criminal charges. After the nursing home abuse investigation, there may not be enough evidence to identify the perpetrator, or the facility may determine the administration can address the accusations without escalating the case to that level.
This can be frustrating and infuriating for abuse victims and their families. However, there are still options for pursuing justice for your loved one based on the substandard care they received and the injuries they suffered. Your family can pursue a civil lawsuit against the facility and fight to hold the negligent parties accountable for the injuries, expenses, and losses your loved one experienced.
Winning a civil nursing home abuse case against the nursing home could allow you to recover money for the cost of treating your loved one’s injuries, moving them to a new facility, and helping them deal with the emotional distress of the abuse they endured.
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What Rights Do Victims Have After Nursing Home Abuse?
Under Maryland state (Md. Code, Health-General § 19-343) and federal law (42 CFR § 483.10), nursing home residents have extensive rights. These include the right to:
- Be treated with consideration, respect, and dignity
- Receive adequate and appropriate medical care and services
- Privacy and respect, especially for medical needs
- Be protected from mental and physical abuse
- Notice, fairness, and proper treatment when being transferred or discharged
- Participate in decision-making related to their care
- Receive appropriate pain assessment and management
- Live without physical and chemical restraints unless prescribed for a medically necessary reason
- Manage their finances
If any of these rights are violated, residents have a right to make a complaint to the nursing home administrators or other agencies that have a duty to investigate the complaint.
Following injuries from abuse or neglect, they also have the right to hire a personal injury lawyer and file a personal injury lawsuit against the facility and its management to recover financial compensation and get justice.
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What Should I Do If My Loved One Is a Nursing Home Abuse Victim?
If you suspect your loved one is a victim of nursing home abuse or neglect, you should report your suspicions to authorities as soon as possible. If your loved one or other elderly residents are in immediate danger, call 9-1-1.
Once you report the abuse and the investigation is underway—or before, if you are not sure about your option for filing a complaint—talk to a personal injury attorney about your next steps. You may be able to build a case and recover compensation by holding the nursing home legally responsible for what your family member endured.
Generally, injury victims have up to three years to file a lawsuit in Maryland, per Md. Code Ann., Cts. & Jud. Proc. § 5-101. Other deadlines could apply in your case, so it is important to discuss your options with an experienced nursing home abuse attorney as soon as possible after you learn about the abuse or neglect. You want someone on your loved one’s side to protect their legal rights during this process.
Talk to Our Maryland Nursing Home Abuse and Neglect Team for Free
Jenner Law provides free, confidential consultations for individuals and families affected by nursing home abuse in Maryland and throughout the country. Our elder abuse attorneys can help you pursue a civil lawsuit against a facility’s owners or administrators regardless of the outcome of any related criminal case. Let us assess your legal options and discuss how our nursing home abuse lawyers can help your family fight for justice.
Contact us today to learn more about your legal options.
Call or text (888) 585-2188 or complete a Free Case Evaluation form