Injuries in Maryland Nursing Homes

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I don't often find myself starting out a conversation by saying, "This is America...."  But this is America and if anyone deserves quality medical and nursing care, it is our nursing home residents.  This common sense notion is reflected in the Maryland Nursing Home Bill of Rights.   This play on our most important rights as citizens guarantees that residents of Maryland nursing homes receive appropriate medical treatment and nursing care... the kind we would want for ourselves. 

Regrettably, that guarantee is no guarantee.  Maryland nursing home residents are often not getting the care that the need to be content and free of pain or needless risk of injury.   If your loved one suffered an injury or death due to nurse or physician negligence at a nursing home facility, you need an experienced Maryland nursing home attorney willing to fight for the full compensation you and your loved one deserve.  If you think you might have a nursing home lawsuit, put us to work for you.  Call 800-553-8082 or get a free on-line consultation.  

Maryland Nursing Home Regulations

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Maryland nursing homes are licensed and regulated by state law.  While the federal government sticks its nose in because of the billions of dollars being spend on nursing homes by Medicare and Medicaid - easily the largest sources of payment for nursing homes throughout Maryland - state law is the primary source of laws to reliably protect nursing home residents from awful care. 

You can find these regulations here
One issue in calculating the correct date for the statute of limitations in medical malpractice cases is when the treatment is ongoing.  Should there be a "continuous course of treatment" rule so we don't have to figure out what exactly the statute of limitations is and what was the time when the treatment crossed the Rubicon into malpractice?  

The Maryland Court of Appeals has rejected the ideas of "continuous course of treatment" rule to relate damages back beyond the limitations period.  So the statute of limitations is going to be back for the period of time allowed for based on the filing of the lawsuit.  The Maryland Court of Appeals has, however,  allowed recovery for damages within the statute of limitations or misdiagnosis originally occurring beyond the limitations period, where there was continuous treatment, and thus at each visit, a fresh chance to discover the malpractice and begin properly treating the patients.  

The take home lesson for Maryland lawyers is basically always assume the worst when computing statute of limitations in medical malpractice or any other personal injury cases. 

Restraints in Nursing Homes

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Nursing homes are becoming an increasingly crucial part of the long-term care system in the United States. The National Nursing Home Survey (NNHS) conducted in 2004 revealed that there are more than 1.5 million nursing home residents in over 16,100 facilities in the US. It is estimated that the number of people requiring long-term care will double between 2000 and 2050.   This is the fruits of success.  People are living longer.  It is a great thing.  The byproduct is that the care at some nursing homes is simply awful.

If you believe you may have a potential nursing home lawsuit in Maryland, call 800-553-8082 or get a free online consultation here

Drugs that Cause Problems

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Misusing some drug often lead people to the emergency room.  This is a list of drug that, if you are using them, you really need to keep your head up:

  1. Acetaminophen 
  2. Anticoagulants 
  3. Amoxicillin
  4. Aspirin 
  5. Cephalexin
  6. Hydrocodone
  7. Ibuprofen
  8. Penicillin

Malpractice Claims Involving ProAssurance

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On our website, we provide an overview of ProAssurance, which is one of the top three providers of medical malpractice insurance in Maryland.  

Why Maryland Nursing Homes Are Awful

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It is easy to forget that most Maryland nursing homes were mom-and-pop shops. The beginning of the end was in 1965 when President Johnson successfully passed Medicare and Medicaid legislation which meant that governement would begin footing the bill for many nursing home residents. Like day follows night, so too did investor money.

There is no question that some of these mom-and-pop nursing homes were downright horror shows.  Some of the abuse and neglect stories would make today's nursing home game seem too good to be true.  But there was also a lot of great care when people, instead of corporations, were running the show.

Now, we have less nursing home atrocities but we have standardized marginal care.  The first problem is the lack of human touch.  If you live in my house, I realize the buck stops with me.  In a nursing home, everyone passes the buck.  This complacancy is coupled with a profit incenitve to provide the most expensive nursing home care possible at the lowest possible cost.   With so many nursing homes taking Medicare, you can't increase revenues.  So you can only increase cost. 

These problems manifested themselves quickly.  Here is a Baltimore Sun article from 1970 wherein Ralph Nadar is already sounding the alarm.  Congress saw it, too, and enacted legislation in the late 60s and early 70s to combat the problem.  But, not unlike 2011, the bills that got passed were watered down versions of what they should have been.  So instead of focusing on residents' care, these bills mostly focused on facility maintenance.  So nursing homes continued to run largely amok.  Nursing home in Maryland complain the problem is nursing home lawyers which is really failing to meet Step 1 in the 12 step process.  The actual reality is that nursing home lawsuits in Maryland - with exceptions to be sure - are a part of the solution, not the problem.  

The federal government is trying a different tactic now and trying to push Medicare recipients away from institutional care and towards home based care.  One government incentive program would likely require Maryland to raise its share of Medicare funding for long-term, non-institutional care from 38 percent to 50 percent over the next few years. 

Great idea.  But in the short run, nursing homes are going to lose revenue.  What are they likely to do?  Cut costs.  Which means even worse care for nursing home residents. 

If you or someone you know is caught up in this mess and needs Maryland nursing home lawyer, call 800-553-8082 or get a free online consultation.  


Chuck Grassley, a senior United States senator from Iowa, is continuing his efforts with regard to restoring public access of  data on malpractice payouts, hospital discipline, and regulatory sanctions against doctors and other health professionals - as well as to hold accountable the federal government official who shut down access to this information.

On October 7, 2011, Chuck Grassley wrote a letter to the U.S. Department of Health and Human Services in Rockville, Maryland, stating that The National Practifioner Data Bank's (NPDB's) Public Use File (PUF) serves as "the backbone in providing transparency for bad acting healthcare practitioners" and explained that the data has been used for years by researchers and consumer groups to calculate trends in disciplinary action by state medical boards.  His letter was in response to the removal of the database by the Health Resources and Services Administration (HRSA).  The database was removed after a reporter was able to identify a physician's data bank record by comparing the de-identified information with state court records. 

Chuck Grassley received a response to that letter, one that he called "incomplete, even while revealing that the HRSA prematurely jumped to conclusions regarding a reporter who used publicly available information to track down the identity of a doctor with a record of malpractice cases."  Grassley stated that it looks like the HRSA was trying to protect a single physician who had a malpractice suit and disciplinary action filed against him, and in doing so, the federal government undermined its own mandate to "enhance the quality of healthcare, encourage greater efforts in professional peer review and restrict the ability of incompetent healthcare practitioners to relocate without discovery of previous substandard performance or unprofessional conduct."

Chuck Grassley has said that whoever made the decision to remove the database needs to be held accountable, and that the Public Use File in question should be fully restored on the HRSA website.  "Department officials are misguided if they think they can make this issue go away with the response sent to my first letter of inquiry," Grassley said. "This database contains information intended for public consumption, and efforts to shutter access will be fought by those of us committed to transparency where public dollars and the public interest are at stake."

Who Is a Qualified Expert?

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Section 3-2A-04(b) of the Courts and Judicial Proceedings Article requires medical malpractice plaintiffs in Maryland the requirement that they file, within a prescribed time, a certificate of a "qualified expert" attesting to the defendant's departure from the applicable standard of care and that the said departure proximately caused the plaintiff's alleged injuries. The statute states that the plaintiff's claim or action "shall be dismissed, without prejudice, if the plaintiff fails to file a certificate of a qualified expert...."

So who is a qualified expert?  The term "qualified expert" is not specifically defined by the statute although the statute does have provisions that set forth the necessary qualifications that an expert must give for a Maryland medical malpractice case to proceed.  The statute sets forth the requirement that the certificate may not be signed by a party, an employee or partner of a party, or an employee or stockholder of any professional corporation of which the party is a stockholder. Section 3-2A-04(b)(4) also sets forth the controversial 20% rule: an expert may not devote annually more than 20 percent of his professional activities to activities that directly involve testimony in personal injury cases.

What are professional activities?  That is the subject of another blog post

How Much Money for Misdiagnosis?

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How much money you can recover for a misdiagnosis medical malpractice case varies based on the type of injury.  But there are statistics that can possibly give you some idea of the neighborhood of misdiagnosis verdicts.   One recent study found that plaintiffs are awarded on average $713,457 in malpractice misdiagnosis cases.  

That number misleads a bit.  Only 15% of the verdicts exceeded $1 million.  Large verdicts clearly distort the data.   Does this give you a better idea of what the value of your misdiagnosis case might be?  Ultimately, I don't think it does.  But I do think victims find some comfort in knowing the average verdict number because they know how serious their injuries are and may understand the likelihood of proving malpractice.  From this, they can try to piece together the question of whether it is worth the trouble to pursue a medical malpractice lawsuit against their doctor.

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