Baltimore Nursing Home Abuse Lawyer

Nursing homes have a legal obligation to protect residents in their care from acts of abuse and neglect. Residents or their families who suffer harm due to physical, emotional, sexual, or financial at one of these facilities may be eligible to seek compensation for damages. 

If you suspect your loved one was injured due to nursing home negligence or abuse, we encourage you to seek legal help right away. Our nursing home injury lawyers in Baltimore have decades of experience, and we are prepared to work tirelessly to secure the results you need.

At The Law Offices of Peter T. Nicholl, we offer a free, confidential initial consultation to discuss your situation, answer your questions, and help you understand your legal options.

Schedule your free consultation today: Call 410-244-7005

How Do I Know if I Have a Case for Nursing Home Abuse or Neglect?

Speaking with a knowledgeable attorney at our firm can help you understand what legal options you may have in your specific situation. Cases involving nursing home abuse and neglect are challenging and as with other types of personal injury lawsuits, the victims have the burden of proving what happened. To establish a nursing home’s liability, you will need to establish a few legal elements – something best managed by a knowledgeable attorney who has tried cases similar to yours. 

These are the key elements that must be established to have a case: 

• The Nursing Home Owed Your Loved One a Duty of Care: If your loved one was admitted to their facility, that duty of care exists. 
• The Legal Duty Was Breached: This element is harder to prove with nursing home residents, due to their age and failing health. For some, there are serious communication limitations – such as residents with varying stages of dementia. If the abuser is a staff member at the facility, fear may make it harder for your loved one to communicate what has happened, especially if the staff member is intimidating your loved one to remain silent.
• The Breach Caused Your Loved One Harm: The breach caused your loved one to suffer emotional, physical, or financial harm as a result of the violations against them.
• Real Damages Resulted: This may include medical costs, property damage, and more.

What Is the Difference Between Nursing Home Abuse and Negligence?

While both nursing home abuse and negligence can cause harm to an elderly resident, they are distinctly different.  

 Nursing Home Abuse  

 Nursing home abuse is any harm that is the result of a deliberate act, including physical violence, emotional cruelty, sexual assault, or financial exploitation.  

Nursing Home Negligence  

Nursing home negligence occurs when facilities fail to provide a reasonable standard of care to residents in their care. Facilities may be negligent due to inadequate staffing, poor oversight, or improper training. Individuals working at a facility can also be deemed negligent due to carelessness, or failures to provide proper care.  

Negligence does not require intent to cause harm. It results from the failure to meet professional care standards that were designed to protect a resident’s safety and wellbeing. 

Both abuse and negligence can cause severe physical injuries, emotional trauma, and even wrongful death. Baltimore families have the right to pursue legal action against facilities responsible for causing harm to their loved ones. It does not matter if the harm was intentional or if an injury resulted from negligence. 

What Rights Do Baltimore Nursing Home Residents Have? 

Nursing home residents in Baltimore have extensive legal rights and protections under both federal and Maryland state laws. These rights ensure dignified care and protect vulnerable adults from abuse, neglect, and exploitation.  

These are some of the key rights protecting your loved one in long-term care: 

Federal Rights Under the Nursing Home Reform Act

• Right to Dignified Treatment: Residents have the right to care that allows them to maintain their dignity, while respecting their individuality.
• Right to Freedom from Abuse: Residents have the right to live without the fear of physical, emotional, sexual, and financial abuse by staff, visitors, or other residents.
• Right to Participate in Care Planning: Residents and their families can participate and collaborate on the development of a care plan that addresses medical and personal needs.
• Right to Privacy and Confidentiality: Personal information, medical records, and private communications remain confidential and protected from unauthorized disclosure.
• Right to Voice Complaints: Residents maintain the right to file grievances about care, treatment, or facility conditions without fear of retaliation or punishment.

Maryland State Protections

• Right to Quality Medical Care: Maryland regulations require nursing homes to provide appropriate medical attention and skilled nursing services.
• Right to Safe Environment: Facilities must maintain clean, safe living conditions that prevent accidents and protect resident health.
• Right to Personal Property: Residents have the right to keep personal belongings and be protected from the theft or unauthorized removal of their items. 
• Right to Family Visits: Facilities cannot unreasonably restrict family visits or communication with loved ones during appropriate hours. 
• Right to Financial Security: Protection exists against unauthorized use of resident funds or coercion to change wills or financial documents.

What Types of Abuse May Occur in Baltimore Nursing Homes? 

Nursing home abuse can occur in many ways, each causing serious harm to vulnerable residents. Being aware of the different types of abuse can help you better protect your loved one.  

Physical Abuse 

Physical abuse involves the intentional use of force that causes bodily harm, pain, or impairment to nursing home residents. This type of abuse can range from slapping and hitting to rough handling during daily care activities.  

Warning signs include:

• Unexplained injuries such as bruises, cuts, burns, or fractures that facility staff cannot adequately explain
• Defensive behavior when certain staff members approach
• Torn or bloody clothing that suggests rough handling by caregivers

Emotional and Psychological Abuse 

Emotional abuse involves verbal or psychological actions that cause mental anguish, fear, or distress to residents through threats, humiliation, or intimidation. Staff members may yell at residents, make cruel comments, or isolate them from other residents and family members.  

 Warning signs include

• Sudden behavioral changes, such as becoming atypically withdrawn or anxious
• New sleep disturbances or nightmares
• Loss of interest in previously enjoyed activities
• Agitation or fear when certain caregivers enter the room or provide services
• Sexual Abuse 

Sexual abuse involves any non-consensual sexual contact or activity with nursing home residents who cannot consent due to physical or cognitive limitations. This serious crime can be perpetrated by staff members, other residents, or visitors to the facility.  

Warning signs include:

• Unexplained genital injuries, bruising, or infections
• Torn or bloody undergarments
• Behavioral regression where residents exhibit childlike or inappropriate sexual behavior
• Sudden fear of being touched or bathed
• New diagnoses of sexually transmitted infections in residents with no previous history

Financial Abuse 

Financial abuse occurs when caregivers, staff members, or other individuals steal money, property, or benefits from nursing home residents through theft, fraud, or coercion. Perpetrators often target residents with cognitive impairments who may not notice missing items or unauthorized transactions.  

Warning signs include:

• Missing personal items like jewelry or electronics
• Unexplained financial activity on bank statements
• Pressure from staff to change wills or beneficiary documents
• Unpaid facility bills despite residents having adequate funds available

Neglect and Medical Neglect 

Neglect occurs when facilities fail to provide necessary care, supervision, or services that residents require for their health and safety due to understaffing, inadequate training, or deliberate indifference. This can include failure to assist with daily activities, provide proper medical care, or maintain safe living conditions.  

Warning signs may include:

• Unwashed or wearing dirty clothing
• Pressure sores resulting from inadequate repositioning
• Adverse reactions, such as those caused by medical errors
• Signs of malnutrition or dehydration, such as significant weight loss or weakness.

Who May Be Liable for My Loved One’s Nursing Home Abuse or Neglect? 

Multiple parties may bear legal responsibility for nursing home abuse or neglect, depending on who failed to meet their duty of care. You and your family will need to know who may be liable to support that you have a valid claim and hold responsible parties liable.  

• Nursing Homes: Nursing homes typically bear primary liability for abuse and neglect that occurs on their premises. Facilities have a legal duty to provide safe environments, adequate staffing, proper supervision, and quality care for all residents. 
• Corporate Ownership: Parent companies that prioritize profits over resident safety may face liability for systematic understaffing, inadequate resources, or policies that compromise care quality across multiple facilities.
• Staff Members: Nurses, nursing assistants, therapists, and other direct care staff can be held personally liable for the abuse they commit or neglect they cause. 
• Staff Who Fail to Report Abuse: Workers who did not participate in abuse, but who knew about or witnessed it can face liability for enabling continued mistreatment. Maryland law requires healthcare workers to report suspected abuse. 
• Medical Professionals: Consulting physicians who rarely visit but continue prescribing medications or treatment plans may face liability when their lack of oversight contributes to resident harm.
• Administrative and Management Personnel: Nursing home administrators, directors of nursing, and other management staff may be individually liable when their decisions or policies contribute to abuse or neglect.
• Third-Party Contractors: Many nursing homes utilize contract employees for physical therapy, food service, maintenance, or security. These contractors and their parent companies may be liable if their employees abuse residents, or their negligence creates unsafe conditions.

How to Report Nursing Home Abuse to Maryland Health Authorities 

Reporting nursing home abuse to Maryland health authorities triggers official investigations and helps protect your loved one and other vulnerable residents. The Maryland Office of Health Care Quality (OHCQ) investigates complaints and enforces state regulations for nursing home care. 

Here are some of the steps that you want to take to report nursing home abuse to healthcare authorities: 

Contact the Maryland Office of Health Care Quality 

You can file a complaint online through the Maryland Department of Health website or by calling the hotline at 410-402-8014. You can also submit written complaints by mail to 7120 Samuel Morse Drive, Columbia, MD 21046. 

Information to Include in Your Complaint 

Include specific details, including your loved one’s name, the nursing home’s name, and the facility’s address. If you know when the incident occurred, add the dates and times of suspected abuse.  

Other elements to include in your complaint: 

• Your contact information
• A description of the injuries or neglect
• Names of staff members or others allegedly involved
• Photos of visible injuries, unsafe conditions, or evidence of neglect

How Long Do I Have to File a Nursing Home Abuse Lawsuit in Maryland? 

Maryland gives victims and their families three years from the date of injury to file personal injury lawsuits related to nursing home abuse or neglect. It can be difficult to know exactly when an incident occurred, especially if abuse happened multiple times or the victim suffers from cognitive impairment. 

How Much Are Nursing Home Abuse Cases Worth in Baltimore, Maryland? 

The value of nursing home abuse cases in Baltimore varies significantly based on the specific factors of your case, including the severity and extent of harm your loved one sustained. These are some of the types of compensation you may be eligible to recover: 

• Medical costs – including diagnostics, treatments, and any surgery required 
• Hospital stays 
• Ongoing/follow-up care 
• Physical therapy 
• Emotional counseling 
• Future medical costs 
• Emotional distress 
• Anxiety 
• Depression 
• Pain and suffering 
• And More 

Need Legal Help for Nursing Home Abuse or Negligence? Call Our Baltimore Law Firm Today

Our experienced nursing home injury lawyers at The Law Offices of Peter T. Nicholl have a proven history of securing favorable outcomes for injured victims. We want to help you too, and we are prepared to fight tirelessly on your behalf to recover the maximum possible compensation for you and your loved one’s losses and pain and suffering.

Worried about the cost of hiring a lawyer? Don’t be. There are no upfront costs or out-of-pocket fees when you hire our services. We only get paid if you do. Your initial consultation is completely free.

Call our trusted Baltimore law firm to get started today. 410-244-7005