Attorneys in Baltimore, Maryland Representing Victims of Nursing Home Abuse
Nursing home abuse and negligence are over-arching terms that can range from administering incorrect medication to physically or verbally abusing a nursing home patient. If you or a loved one has been the victim of nursing home abuse or negligence, you need an attorney who can fight for your right to recover monetary compensation. Baltimore attorney Randolph Rice understands that nursing home abuse cases can be difficult to litigate and is committed to representing persons who have been injured as a result of others’ negligence. Insurance companies vigorously defend nursing home abuse and negligence cases and have experienced attorneys on their side representing them. You should too.
Nursing Home Employees
Negligent or abusive nursing home employees can include nursing home doctors, nurses, nursing assistants, physical therapists, nurse practitioners, and in some cases, nursing home administrators. In some cases, even the nursing home itself may be deemed vicariously liable for the injuries and damages sustained by a patient, if the nursing home was negligent in hiring, retaining, or supervising the abusive or negligent employee. A Baltimore, Maryland nursing home abuse lawyer will be able to ascertain all potentially responsible parties and bring them into your case.
Types of Nursing Home Abuse and Negligence
While nursing home abuse and negligence can take many forms, it commonly arises when health care providers are careless or reckless while caring for and treating their patients. Nursing home abuse and negligence can take one or more of the following forms:
- Medication errors
- Improper or inadequate monitoring or supervision of patients (e.g., failing to take a patient’s vitals on a regular basis)
- Improper care and treatment of patients
- Sexual harassment or physical abuse of a patient
- Physical acts or threats of violence directed toward a patient
- Verbal abuse directed toward a patient
- Mishandling a patient
- Deficient record-keeping
- Failing to respond to a patient’s needs, limitations, or complaints in a timely manner
- Failing to consider a patient’s preexisting medical conditions, injuries, and medication allergies
- Failing to report a patient complaint to an on-duty doctor or nurse
- Failing to take into account a patient’s signs or symptoms of stroke, heart attack, or other serious medical condition
Bases for Maryland Medical Malpractice
In order for an injured patient to be able to prove that a Maryland health care provider was negligent or abusive, the injured patient must present independent expert medical opinions and testimony. More specifically, prior to offering medical opinions or testimony in a case, the expert must thoroughly review the patient’s medical treatment records and must be able to establish that the patient’s standard of care fell below that of a reasonable nursing home health care provider.
Under the law, the burden of proving fault (i.e. liability) and damages in a medical malpractice case lies with the injured patient. The injured patient, through his or her independent medical expert, must be able to demonstrate that the health care provider in question and/or the nursing facility violated the “reasonable health care provider” standard of care, which directly resulted in all of the patient’s complaints, injuries, and damages. Thus, the medical expert, on behalf of the injured patient, must be able to causally relate the patient’s injuries and damages to the health care provider or nursing home’s negligence. A Baltimore, Maryland nursing home abuse lawyer will be able to help you prove the necessary elements of medical negligence in your case.
Injuries and Damages Sustained in Nursing Home Abuse and Negligence Cases
Negligence and abuse at the hands of nursing home employees can result in serious injuries and damages to patients. Some of the most serious injuries include bruising, scarring, fractures, broken bones, soft tissue injuries, permanent disfigurement, traumatic brain injuries (TBIs) and other closed-head injuries, hemorrhaging, internal bleeding, paralysis, and death. In cases where the nursing home employee’s negligence results in a patient’s death, the personal representative of the decedent patient’s estate may be able to file a wrongful death claim on behalf of the decedent patient. In a wrongful death claim, the estate can recover monetary damages – including compensation for loss of spousal companionship and support.
In Baltimore nursing home abuse and negligence cases, the injured patient may be entitled to recover the following types of economic and non-economic damages:
- Payment of all related medical and physical therapy bills
- Lost wage compensation
- Disability income
- Damages for past, present, and future pain and suffering
- Compensation for emotional distress and mental anguish
A Baltimore, Maryland nursing home abuse lawyer may be able to help you recover monetary compensation for all of your related injuries and damages.
In cases where a nursing home employee – or the nursing home itself – acted in a particularly egregious manner, the injured patient may be eligible to recover punitive damages. The purpose of this type of damage is to punish the tortfeasor for recklessness and extremely negligent conduct – and to deter others from engaging in the same or similar conduct. However, these damages are only recoverable in the most serious of cases – often where the negligence amounted to gross negligence.
Contact a Baltimore, Maryland Nursing Home Abuse Lawyer Today to Discuss Your Case
If you or someone you care about has sustained injuries and damages as a result of a healthcare provider or nursing home’s negligence, you may be eligible to pursue monetary compensation under the law. Insurance companies often try to settle medical malpractice claims and lawsuits for as cheaply as possible, in order to try and dispose of them quickly. Baltimore attorney Randolph Rice can fight the insurance company on your behalf, in an attempt to maximize the total value of your case.
Nursing homes and health care providers have large and powerful insurance companies by their sides, along with a team of skilled lawyers to represent them. These attorneys will vigorously defend their clients at every stage of litigation. Therefore, if you are contemplating filing a claim or lawsuit for medical malpractice, you need a skilled attorney by your side every step of the way. To schedule a free consultation and case evaluation with a Baltimore, Maryland nursing home abuse lawyer, please call us or contact us online.