Maryland’s legal requirements for resident protection

Maryland law says that nursing homes must protect all residents from harm, including abuse from other residents. According to Maryland Code, Health-General §19-1401, nursing homes need to provide a safe environment and watch over the residents carefully. This means they must protect residents from each other, not just from the staff. If a nursing home does not meet these standards, the state could fine or sue them for being careless.

How nursing homes must assess and prevent resident aggression

Maryland has rules that say nursing homes must check all residents when they first arrive and regularly after that. These checks are to find out:

• If any residents are likely to be aggressive or have behavior problems
• What might cause a resident to become aggressive
• What steps does the home take to prevent residents from harming each other
• If there are enough staff members to watch the residents properly
• What specific things need to be in a resident’s care plan to deal with behavior issues

These checks are meant to stop residents from harming each other by planning ahead and acting.

What families can do when nursing homes fail

If a nursing home in Maryland does not prevent residents from abusing each other, families have legal options. The Maryland Office of Health Care Quality will investigate complaints and can punish nursing homes that break the rules. Families can also sue the nursing home for negligence, asking for money to cover injuries, emotional suffering, and other damages caused by the nursing home’s failure to protect their loved one.

Recent court cases in Maryland have shown that nursing homes can be responsible for resident-on-resident abuse. In these cases, the courts said that the nursing homes were negligent because they did not watch aggressive residents closely enough, create proper care plans for residents, respond quickly when incidents happened or have enough staff members.

Standing up for your loved one

Even in nursing homes, bullying and aggression can happen. You have every right to expect the nursing home to protect your family member. While Maryland law provides good protections, family members often need to stay vigilant. By understanding these legal rights and working with lawyers who focus on nursing home neglect, you can help make sure your loved one receives safe and respectful care.

Maryland has specific laws on surveillance and privacy, and nursing homes may also have their own policies. These laws and regulations make using hidden cameras legally complex. Before installing a nanny cam, it is essential to understand how Maryland law views this approach. 

Maryland laws on hidden cameras in nursing homes 

The Old Line State is a “dual-consent” state when it comes to audio recordings. This means all parties involved must consent before any audio can legally be recorded. This law applies regardless of whether the recording occurs publicly or privately. 

However, hidden cameras that only record video without sound exist in a different legal space. While the state does not have a specific law that prohibits placing a video-only camera in a private nursing home room, the legality can depend on factors such as whether the resident consents and the nursing home’s policies. 

If your loved one is mentally capable of providing consent, you may install a camera in their room, provided the facility’s policies allow it. For residents who cannot provide consent, families should exercise caution and seek legal help to avoid violating privacy laws or facility rules. It is also important to ensure the camera does not record other residents or staff in areas where privacy is expected, such as bathrooms or shared spaces. 

While the desire to help protect your loved one is understandable, using hidden cameras without proper knowledge of Maryland law can lead to legal consequences, including criminal charges or civil liability. If you suspect your loved one is being neglected or mistreated, it is vital to act promptly and within the boundaries of the law. Seeking legal guidance can help you understand your rights and the best course of action to help ensure your loved one’s safety while avoiding potential legal pitfalls. 

Ideally, the people working in nursing homes should be trustworthy and diligent individuals who make the comfort and safety of residents their top priorities. The residents depend on timely and compassionate support for their daily needs. All it takes is one bad hiring decision to completely shift the standard of care and quality of life at a nursing home facility. One malicious individual could torment multiple residents. A professional struggling with burnout might cut corners and ignore requests from residents in need of support. Addicts might steal medication or resources from vulnerable residents.

How do unreliable, and even dangerous, people manage to obtain jobs at nursing homes?

Understaffing leads to poor hiring choices

For multiple consecutive years, there has been a dangerous shortage of nursing home professionals. Facilities have a hard time hiring new professionals and retaining the people they have on staff. The combination of high levels of demand on the workers and low pay makes it very difficult to recruit and retain nursing home employees.

Those handling the hiring at a nursing home may rush through the background check process and could easily miss warning signs such as a history of terminations or a prior criminal record. The result of those oversights could be a dangerous individual with direct access to vulnerable people in a facility where they should be safe. Workers with questionable backgrounds and minimal oversight can steal from residents, physically abuse them and neglect their care needs.

In scenarios where the neglect or abuse of an older adult directly connects to the conduct of a single employee, it may be possible to take legal action against the nursing home. Failing to properly screen employees can be as negligent as overlooking complaints about the conduct of individual workers.

Nursing home neglect and abuse can lead to harm for the most vulnerable people in society. Families that take legal action can potentially force companies to change their practices while simultaneously pursuing compensation for the harm that their loved one has endured.

Understanding the signs of such neglect and abuse is crucial for ensuring the safety and proper care of elderly individuals in long-term care facilities.

Bruises and lacerations

Bruises, lacerations or other unexplained injuries can be a clear sign of physical abuse or neglect. These injuries might occur due to rough handling, falls or even physical assaults. It’s important to note the location and frequency of these injuries, as they may provide clues about their cause.

Frequent falls

Frequent falls can indicate a lack of proper supervision or assistance. Elderly residents often require help with mobility, and a failure to provide adequate support can lead to falls, which are a significant cause of injury in nursing homes.

Unkempt appearance

A noticeable decline in personal hygiene or a consistently unkempt appearance can signify neglect. This might manifest as dirty clothing, poor dental care or a general lack of cleanliness, suggesting that the resident isn’t receiving appropriate help with personal grooming.

Inappropriate attire

Wearing unsuitable clothing for the weather or occasion can indicate that the resident isn’t receiving proper attention. This might include wearing heavy clothing on hot days or lacking adequate winter clothing in cold conditions.

Malnutrition or dehydration

Signs of malnutrition or dehydration, such as sudden weight loss, dry skin or confusion, can indicate that the resident isn’t receiving adequate nutrition or fluids. This can be due to neglect or intentional withholding of food and water.

Withdrawn or sullen behavior

Changes in behavior, such as becoming withdrawn, sullen or uncommunicative, can be indicators of emotional or psychological abuse. This could stem from verbal abuse, threats or other forms of intimidation.

Bedsores

Bedsores, or pressure ulcers, occur when a person is left in one position for too long without being moved. They are often a sign of neglect in individuals who are bedridden or have limited mobility.

Victims of nursing home neglect or abuse may choose to file legal action in order to demand justice. Victims or their loved ones may, therefore, significantly benefit from seeking legal guidance when mistreatment has occurred.

U.S. plans to address nursing home care with new plan

The Department of Health and Human Services (HHS), under guidance from the Biden administration, will take steps to improve conditions in nursing homes. This largely stems from problems that came about amid the challenges over the past two years, but other concerns have long been in place. The Centers for Medicare and Medicaid Services (CMS) is set to enact basic standards of care. This will be done within a year after studies have been completed to assess problems that must be addressed.

Among the potential changes are less crowding and implanting various safeguards regarding treatment and medication. Currently, the government has the right to conduct inspections of nursing homes, but that would be enhanced as would financial consequences for facilities that are derelict in their duties. It could rise to as much as $1 million. Staffing is a primary area of focus. This has been noted as a worry for almost every nursing home that was surveyed by the American Health Care Association. Sufficient staffing goes beyond simply having workers present, but extends to qualified workers with a good work history.

If nursing home wrongdoing is suspected, knowing what can be done is key

People who believe their loved one was abused or subjected to nursing home neglect might not be sure what they should do. There are steps that must be taken and a process to follow to investigate the allegations, gather evidence and move forward. Since every case is different, it is vital to have help with tailoring a strategy based on the situation. If, for example, a loved one fell because they were left alone in the shower, this would require a different plan than if there were bruises and hospitalization because of physical abuse. There may be records of what happened, witnesses and other information that can be fundamental to the circumstances. Having trustworthy and experienced help can be imperative from the outset to determine what happened, who is responsible and what can be done through the legal system.

Diet: Facilities must supply residents with at least three daily meals. Food of an adequate nutritional value must be supplied to residents and be in accordance with the orders of a physician. Facilities must also have a registered dietician supervising dietary services. If they do not have one on staff, then their dietic supervisor must have regular consultations with a licensed dietitian.

Safety: Your loved one’s nursing home should have emergency disaster plans in place, including adequate shelters on the premises. They must also keep all potential tripping or slipping hazards from cluttering hallways and residents must have direct access to an exit.

Nursing Personnel: There must be a nurse on duty for a full 24 hours in your loved one’s facility. Nurses must ensure all residents receive prescribed medications, treatments and necessary care as needed. Policies must be in place to ensure nursing personnel is aware of your loved one’s special meals and dietary needs. Furthermore, nurses bear the responsibility to report when care may be considered questionable—such as cases of neglect or abuse.

Physician care: Facility physicians must see residents as frequently as needed per the resident’s current condition. Physicians must also review medical histories, discuss the resident’s condition with staff as needed and note the resident’s health progress in a timely manner.

Other requirements include those related to resident hygiene, facility cleanliness and adequate numbers of non-nurses on staff. If you have not yet found a long-term care facility suitable for your loved one, consider using a checklist.