Elderly patients in nursing homes have the right to be treated with dignity, receive proper medical care, live free from abuse or neglect, and make decisions about their own lives. These rights are protected under federal and Maryland state laws, ensuring that nursing home residents are cared for, respected, and safeguarded.
For families, placing a loved one in a nursing home is often one of the most challenging decisions they’ll ever make. Naturally, there are worries: Will they be safe? Will they be treated well? What happens if something goes wrong? Understanding these legal rights is essential to ensuring your loved one’s well-being. This article will help you understand those rights, explain your options if you suspect a violation, and show how a Baltimore nursing home abuse lawyer can stand with you if the worst happens.
Federal Rights of Nursing Home Residents
The federal government establishes a baseline of protections for all nursing home residents through the 1987 Nursing Home Reform Act, part of the Omnibus Budget Reconciliation Act (OBRA). This legislation was designed to improve the quality of care in nursing facilities that participate in Medicare or Medicaid, and to ensure that residents are treated as individuals with autonomy, not as passive recipients of care.
Under this law, every nursing home resident has the right to:
- Be treated with dignity and respect, regardless of health status or cognitive ability.
- Live free from abuse, neglect, and exploitation, including physical, emotional, sexual, and financial abuse.
- Make personal choices, such as what to wear, when to eat, or how to spend their time.
- Participate in decisions about their care, including being fully informed about medical conditions and treatments and having the right to refuse medication or interventions.
- Manage their finances or designate someone they trust to do so.
- Voice grievances without fear of retaliation, including complaints about treatment, staff, or facility conditions.
- Have access to family and advocates, and receive visitors of their choosing.
- Review and obtain copies of medical records and be notified of changes in their health status or care plans.
These federal rights apply across the United States and form a foundational layer of protection.
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Maryland-Specific Nursing Home Resident Rights
In addition to federal protections, Maryland law provides nursing home residents with a strong set of rights tailored to the state’s healthcare oversight system. These rights are outlined in Health–General § 19–343, often called the Maryland Resident’s Bill of Rights. They aim to ensure that elderly individuals in nursing homes are treated with respect, meaningful autonomy, and access to oversight.
Some of the key rights under Maryland law include:
- Right to be fully informed of all rules, services, and charges before or upon admission and during their stay.
- Right to individualized care that reflects their needs, preferences, and care goals.
- Freedom from abuse and neglect, with mandatory reporting requirements for staff and administrators who suspect mistreatment.
- Right to privacy and confidentiality, including in personal communications and medical care.
- Right to participate in or refuse medical treatment and to be informed about the risks and benefits of that treatment.
- Access to advocates, including the Maryland Long-Term Care Ombudsman Program, that help residents resolve complaints and understand their rights.
- Right to manage their finances or to have a designated person handle their affairs transparently and lawfully.
- Right to file grievances internally or externally, through the Maryland Office of Health Care Quality (OHCQ), without risk of retaliation.
Maryland law also requires nursing homes to provide clear notices of residents’ rights upon admission and to post them prominently within the facility. Facilities must meet specific standards for staffing levels, care plans, medication management, and more.
Together, these laws aim to uphold the physical safety of residents and their dignity, voice, and legal protections. When these rights are violated, Maryland provides multiple regulatory and legal avenues for holding facilities accountable.
Legal Options If You Suspect Abuse or Neglect
If you suspect that a loved one is being mistreated in a Maryland nursing home, you have both the right and the responsibility to take action. State and federal laws provide several avenues for addressing concerns, whether you’re seeking immediate intervention or long-term accountability.
Initial Steps You Can Take
- Raise Concerns with Facility Staff: Discuss your observations with nursing home administrators or the director of nursing. Sometimes, issues arise from misunderstandings or correctable oversights.
- Document Everything: Keep a detailed journal of signs, symptoms, dates, conversations, and photographs if appropriate. Clear documentation is invaluable for investigators and legal teams.
- Request a Care Plan Meeting: Maryland facilities must involve residents (and the resident’s family if they choose) in developing and updating care plans. These meetings can be used to raise formal concerns and request changes.
Report to Oversight Authorities
You have several options for reporting abuse or neglect:
- Maryland Office of Health Care Quality (OHCQ): File a complaint online or by phone. OHCQ investigates allegations of abuse, neglect, or substandard care in licensed facilities.
- Long-Term Care Ombudsman Program: This independent state-supported advocate helps mediate disputes, investigate complaints, and protect residents’ rights.
- Adult Protective Services (APS): If your loved one is in immediate danger, Adult Protective Services can intervene to ensure their safety. You can also call 9-1-1 to protect your loved one.
Legal Action and Civil Claims
Legal action may be appropriate if internal or regulatory complaints do not resolve the issue or if the abuse or neglect is severe. Maryland allows families to pursue civil claims against nursing homes for:
- Neglect or failure to provide proper care
- Any type of nursing home abuse, including physical abuse, emotional abuse, sexual abuse, or financial abuse/exploitation
- Wrongful death
- Breach of contractual or statutory duties
It’s essential to act quickly. In Maryland, most personal injury claims, including nursing home abuse, must be filed within three years.
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Get Help from a Maryland Nursing Home Abuse Attorney
Behind every case is a human story—a parent, grandparent, or partner who deserves care and respect. That’s why our team takes the time to listen, support, and advocate for residents and their families. You’re not just a case file to us. You’re a family seeking justice, and we stand beside you every step of the way.
Elderly residents in Maryland nursing homes have clear, enforceable rights to safety, dignity, proper care, and respect. When those rights are violated, families have the legal tools and support needed to take action. If you’re concerned about your loved one’s treatment, know that you don’t have to handle this alone.
The legal team at Jenner Law is here to help you uncover the truth, protect your loved one, and hold negligent facilities accountable. By standing up for their rights, you seek justice and help ensure safer care for others, too. Reach out to our Maryland nursing home abuse lawyers today to learn how we can support you.