A federal judge has cleared the way for a lawsuit to proceed over the backlog of nursing home inspections in Maryland, according to a report by Maryland Matters.
U.S. District Judge Matthew J. Maddox denied a request by the Maryland Department of Health to dismiss the case, which will now be pursued as a class-action suit in which about 9,000 nursing home residents will be represented. They allege they have received substandard care at their facilities due to the state’s failure to conduct the required annual inspections of the nursing homes on a timely basis.
As we have previously reported, the Maryland Department of Health has been trying to reduce a backlog of inspections at the state’s 220 nursing homes that spans the past several years. StarPro, which tracks data on the nation’s nursing homes, reports that Maryland ranks second to last in the United States on the time taken to inspect nursing homes. The state’s facilities go without inspections for an average of 2.44 years compared to the national average of 0.97 years.
The lawsuit, filed by plaintiffs who have disabilities that affect their mobility, contends that state officials are violating the Americans with Disabilities Act and another federal statute due to the inspection backlog. Judge Maddox approved class certification for the case in his April 22 ruling. “At this early stage of the litigation, the Court finds the facts alleged in the Complaint sufficient to draw a chain of causation between MDH’s oversight and enforcement failures and Plaintiffs’ particularized and unique injuries and risks as mobility-impaired residents of nursing facilities,” Maddox’s opinion stated. “Defendants’ motion to dismiss the Complaint … shall be denied.”
“It’s a very positive step that we survived the motion to dismiss and provided sufficient evidence to the court for class certification,” said Liam McGivern, an attorney at Justice in Aging, one of the advocacy groups leading the lawsuit.
Responding to the inspection issue, Maryland state lawmakers recently passed a bill that requires the state Department of Health to submit quarterly reports to lawmakers on the status of inspections and mandates semiannual updates from the Office of Health Care Quality to counties detailing local inspection progress.
“These are the most vulnerable people in our population,” said the bill’s sponsor, Sen. Benjamin Kramer (D-Montgomery). “And nobody is putting eyes on the nursing home to ensure that these seniors are being properly cared for.”
State health officials estimate it will take about two more years to catch up on all the inspections, which can take about a week to conduct at each facility.
“They’re still woefully behind,” McGivern said. “When complaints are not timely investigated, it often means that they’ll never be meaningfully investigated … The backlog is so bad when the state finally gets around to investigating a complaint months or years later, they’re not really able to adequately conduct that investigation — records are lost, residents have moved on, staff have moved on, the facility has changed ownership.”
According to the lawsuit, the plaintiffs’ mobility-related disabilities cause them to rely on nursing staff for moving around the facility, eating and personal hygiene. The suit alleges, among other concerns, that residents were often left unattended for extended periods, leaving them isolated from community events or sometimes left in soiled clothing for hours.
Impact of Nursing Home Abuse
Senior advocates and lawmakers emphasize that regular inspections are necessary to hold nursing homes accountable for the quality of the care they provide and prevent abuse of residents. Statistics illustrate the impact and risk factors of nursing home abuse.
-Abused nursing home residents are 3 times more likely to be hospitalized.
-Victims of elder abuse have a 300% higher risk of death compared to non-victims.
-Up to 50% of people with dementia may experience abuse.
-Around 64% of nursing home staff admitted to abusing residents over a 1-year period.
-For-profit nursing homes (69% of total) tend to have more deficiencies than non-profit or government-run facilities.
How You Can Protect Loved Ones
These alarming statistics underscore the urgent need for increased awareness, prevention efforts, and accountability measures to protect vulnerable nursing home residents. If you suspect that your loved one is experiencing abuse or neglect in a nursing facility, it is crucial to take action immediately.
At FreeNursingHomeAbuseReport.com, we are dedicated to supporting families through the process of reporting abuse and holding negligent facilities accountable. By filling out our simple online form, you can request information on a specific nursing home and receive guidance on documenting and reporting abuse. Our experienced team will connect you with local resources and legal support to help you navigate this challenging situation.
