In Maryland, nursing home abuse is investigated by the organizations you report the abuse to. This should typically be both the local police department and the Maryland Office of Health Care Quality. Each organization will ensure your loved one’s wellbeing while collecting evidence against those who allegedly did them harm.
Our Baltimore nursing home abuse lawyers can launch our own investigation with the ultimate goal of compelling the abusive home to pay you financial damages.
How to Start a Nursing Home Abuse Investigation in Maryland
You can start an investigation by filing complaints with the relevant authorities. How nursing home abuse is investigated in Maryland depends on which organization is doing the work, so knowing how to report nursing home abuse and what each organization will do for you is essential to protecting your loved one’s health and legal rights.
How the Local Police Investigate Nursing Home Abuse
Call 911 right away if you have any reason to believe that your loved one’s life or safety are in jeopardy. The local police department and emergency medical technicians will arrive at the home to investigate your concerns. They can:
- Provide required emergency treatment or take your loved one to the hospital
- Ask everyone present for information and record their responses in an official report
- Collect evidence they find at the scene, such as security camera footage or photos of the state of your loved one’s room
How the Office of Health Care Quality Investigates Nursing Home Abuse
You should also file a complaint with the Office of Health Care Quality (OHCQ). The online complaint form asks for:
- Your contact information (you can ask them to not reveal your identity to others)
- Which facility you are concerned about
- Information about your loved one
- A description of the incident that drove you to file the complaint
- Other information that might help them better understand the situation
Once they receive this form, the OHCQ will determine if the matter warrants further investigation. If it does, they will arrange to visit the nursing home and interview all involved parties, including witnesses and alleged abusers. They can also interview your family and check to see if any past complaints have been filed with them against the nursing home.
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Our Maryland Abuse Lawyers Also Investigate Nursing Homes
After contacting the authorities, it is a good idea to start thinking about your loved one’s legal rights. Specifically, your family has the right to file a legal action against the negligent or abusive nursing home and recover compensation for your losses and suffering.
Unlike the investigations conducted by the authorities, our nursing home abuse law firm’s investigation focuses on more than just gathering facts. Our legal team can:
- Use reports created by the authorities to strengthen your personal injury action against the nursing home
- Make sure we ask for all of the non-economic damages you deserve by collecting evidence of the physical and emotional harm inflicted by the abuse
- Fight for all of the economic damages you need by collecting evidence of financial losses stemming from the nursing home’s abuse
- Further strengthen your case by asking the nursing home to share any relevant evidence in their possession (we can also share our evidence with them in a process known as “discovery”)
- Determine whether the nursing home is the sole liable party or if they share liability with a specific employee, a property owner, or a third-party contractor
How to Use Evidence Collected During a Nursing Home Abuse Investigation
The main goals of any abuse investigation are to prove that nursing home abuse occurred and to prevent other families from suffering as yours has. Our abuse attorneys can use the evidence we find to advocate for your loved one by:
- Showing our casefile to the nursing home’s insurance company and convincing them that the best way to handle your legal action is by settling quickly and fairly
- Highlighting material within the casefile that disproves any counterclaims made by the nursing home (e.g., that you are exaggerating your loved one’s injuries)
- Submitting the evidence to court as trial exhibits, if the insurer refuses to offer an appropriate settlement, and explaining to the jury how the evidence proves your need for damages
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How do Nursing Home Abuse Investigations End?
That depends on which organization is doing the investigating and what evidence they manage to find. For example:
- The police’s investigation ends when they decide whether or not there are sufficient grounds to charge the nursing home or someone working there with a crime. If filed, criminal charges could result in fines or even jail time for the at-fault parties.
- The OHCQ’s investigation ends with the State Board of Long-Term Care Administrators voting on what to do. They may recommend holding a formal hearing, give the nursing home a chance to correct the situation, or dismiss the complaint. If there is a formal hearing, the nursing home could end up having to pay a fine or losing their license to operate.
- The end of our Maryland law firm’s investigation is just the beginning of your legal journey. We use evidence to build a casefile that we show to the insurance company and/or a judge and jury. We fight hard so that our investigation ends with a strong enough case to get you the money your family deserves as quickly as possible.
Each type of investigation results in different potential consequences for both you and the nursing home. This is why you do not want to go to just one organization with your concerns: you want to get as much help as you can so it is easier for you to secure justice for your loved one.
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Our Law Firm Investigates Nursing Home Abuse in Maryland
Adam Smallow Injury Lawyers can be there for your family to explain how nursing home abuse is investigated in Maryland and how our team can use investigation results to pursue fair compensation. We can even help you find the right doctors to treat your loved one’s injuries. Call today for a free case review.
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