Schlachman, Belsky, Weiner & Davey, P.A.

Baltimore Law Blog

When Baltimore residents place their loved ones in a nursing home, they expect the person will be treated with the utmost care and respect. Unfortunately, this is not always the case, as when claims of nursing home injury arise.

Recently, an East Coast nursing home became subject to an investigation into allegations of abuse by state authorities. As a result of the investigation, four employees were suspended, and one nurse's aide was arrested for assault.

The investigation centered on unexplained bruises on an elderly resident of the nursing home. The nurse's aide allegedly pulled the elderly woman's hair as well. As a result of the investigation, the nursing home was cited for neglect for failing to protect its residents from abuse.

For individuals subject to abuse or neglect at the hands of a nursing home, there may be legal remedies in a negligence action. For instance, a nursing home can be liable for negligent supervision and care, negligent hiring and retention of employees and negligent maintenance of the premises.

To succeed in a negligence action, a plaintiff must prove the nursing home breached a duty of care to the person, the person's injury was caused by the breach and the nursing home caused the injury. Depending on the circumstances, the person may also need to provide expert medical testimony to determine if a particular action by a nursing home employee was proper. Ultimately, if an individual feels they have a claim against a nursing home, it is best to work with a qualified attorney who can assist in determining potential claims and filing a lawsuit.

Source: Fox DFW, "Nursing home cited, 4 suspended for alleged abuse," Dionne Anglin, Oct. 23, 2012

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