Articles Posted in Nursing Home Negligence

Deciding to put someone you love in a nursing home is a difficult decision, but you do it with the expectation that your family member will be taken care of. Sadly, this is not always the case. Abuse and neglect are common at far too many nursing homes. If your loved one has suffered harm due to a nursing home’s negligence, you need to consult an experienced Baltimore medical malpractice attorney who can help pinpoint what happened and figure out how to proceed.

A man recently filed a claim against a South Carolina nursing home claiming that his brother died due to improper care. Sadly, this type of thing happens in Maryland as well. According to the complaint, the man’s brother had been living at the nursing home since 2015 and was subject to ongoing neglect and dangerous conditions throughout his time there. The suit claims that the patient suffered a number of injuries including severe pressure sores, ulcers and skin breakdown because of substandard care, which ultimately delayed his chemotherapy treatment for pinoblastoma. The lawsuit is one of many wrongful death and medical malpractice claims that have been filed against the nursing home over the past few years.

Since nursing homes normally offer medical care to residents, medical malpractice claims may come up in nursing home settings. In Maryland, medical malpractice is any act or omission by a physician during treatment of a patient that departs from the standard norms of practice in the medical community and causes injury to the patient. In the context of a nursing home, medical malpractice takes place when the facility breaches the duty of care owed to the patient, resulting in harm to that patient. For example, allowing a resident to develop bedsores would be an example of nursing home negligence because a facility providing proper care would understand what precautions need to be taken in order to prevent bedsores in the first place. It is important to note that medical malpractice can also take place if the nursing home did not act when there was a duty to do so.
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If you or your loved one has suffered harm while in a nursing home, you may be entitled to compensation. At Arfaa Law Group, our Baltimore nursing home negligence attorneys can examine the facts of your case and determine if malpractice took place.

The Court of Appeals of Maryland, Maryland’s highest court, has partially restored a case alleging a nursing home allowed a patient to fall twice in the same day, holding it was inappropriately directed to arbitration because the negligence claims in the case did not involve any aspect of medical malpractice. Thus, it was not subject to alternative dispute resolution, as the lower courts had held.

The issue in the case was whether claims for negligence and related claims have alleged a “medical injury” within the meaning of Maryland medical malpractice law, specifically, the Health Care Malpractice Claims Act (HCA).

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If you have been injured in a nursing home facility or rehabilitation center, it is important to reach out to a skilled Baltimore nursing malpractice attorney as soon as possible. Even if at first glance, your case does not seem like a medical malpractice claim – the reality is that it might be. If it is a medical malpractice claim, you need to be prepared to follow a variety of procedural guidelines. At Arfaa Law Group, we understand the nuances of this area of the law and can put our knowledge to use in your case.

The Maryland Court of Appeals granted review in a number of cases earlier this year. One of these cases addresses the issue of what constitutes an allegation of medical malpractice that invokes the Maryland Health Claims Act.

In the case at hand, the plaintiff was admitted to the nursing rehabilitation center to be treated for rehabilitation after back surgery. Two days later, the plaintiff’s mattress came loose from her bed and came sliding off the bed frame, causing the plaintiff to fall onto the floor. The rehabilitation center used a mechanical lift to put the woman back in bed, since the center is a ‘no lift’ facility. Unfortunately, the nurse who was using the mechanical lift used it incorrectly and ended up releasing the net too soon, causing the patient to drop to the floor.

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