Maryland Nursing Home Abuse

Nursing Home Abuse – Are Surveillance Cameras the Answer?

As our elderly loved ones age, it becomes an increasing priority to care for them and their health. If affordable, nursing home care can be an option to care for our elders. In fact, an article in the Elder Law Journal states that approximately half of Americans over age 65 will be admitted to a nursing home in their lifetime, and projects such numbers to increase in the future. Although we would much rather be by our loved one’s side caring for them, often this is not a possibility. Paying someone else to care for them on a full- time basis should be the next best thing.

Although many nursing homes provide exceptional care for residents, sometimes the staff members allow patient’s needs to suffer. This is a problem affecting many nursing homes throughout the country. There is a wide range of estimates regarding instances of neglect and deficiency in such homes. An estimate at the low end of the scale finds that approximately 30% of the nursing homes nationwide have such severe deficiencies to warrant the implementation of sanctions. Additionally, a study by the Florida Agency of Health Care Administration has reported that about one out of 20 nursing home patients will experience some sort of abuse while in the facility.

In New York, Attorney General Andrew Cuomo has decided to use hidden cameras (often dubbed “granny cams”) in nursing homes to help reduce the incidences of such abuse, and aid in prosecution when it does occur. The way this procedure works in New York is that the hidden cameras are placed in the rooms of residents with the knowledge and permission of the residents and their families. The nursing home staff, however, will remain uninformed. The video cameras have the additional capability to be monitored in real time. The reasoning for not telling the nursing home staff is that the nursing home abuse will not be captured if the staff knows they are being watched. This camera monitoring system has already proven useful, and has been used by the attorney general’s office in the prosecution of four cases, which resulted in 26 convictions.
 

Other states are also taking steps to prevent elder abuse in nursing homes. New Mexico and Texas have also recognized the utility of using video cameras to monitor the rooms of patients in nursing homes. Both state legislatures passed laws giving patients and family members the right to place a video camera in the patient’s room. Although this monitoring system may not allow a third party to catch and stop abusive behavior while it is occurring like in New York, this technology can certainly aid in the prosecution of abusive and negligent staff members. Video camera surveillance is not limited to catching active abuse. In New Mexico, video camera footage was used to substantiate a claim of patient neglect. The footage made it clear that a patient’s bedsores had resulted from the nursing home staff’s failure to regularly turn the patient in bed.

Technology retailers have begun to market these cameras as a safety trend. Camera suppliers have begun to specifically market cameras to the elderly. Purchasers are even given the option to hook up the video camera to a local server for at home monitoring (with of course, an additional fee). With just a quick Google search I was able to find such a camera, one disguised as a clock radio, for about $260.00.

Yet mixed among the success stories of prevention and prosecution, are doubts about the usefulness of such video monitoring systems. Currently, no state has a law which explicitly prohibits the placement of cameras in the rooms of nursing home patients. However, the laws of many states require that the patient or their family members inform the operators of the nursing home about the plan to place a camera in the patient’s room. Nursing home care is already cost-prohibitive, and the addition of video monitoring systems only exacerbates this problem.

While the biggest reward of implementing a video monitoring system is the piece of mind of knowing your loved one will not be receiving abusive nursing care, there is the possibility of additional benefits. The installation of such surveillance technology may help lower the cost of insurance premiums. The hope for advocates of such technology is that soon, surveillance cameras will be placed in all of the patient rooms in nursing homes, resulting in a better quality of care for all patients, and increased confidence in nursing care facilities nationwide.

 

To learn more about maryland medical malpractice issues including nursing home abuse, please click on medical malpractice.  To learn more about our Maryland medical malpractice lawyer, John Sellinger, please read our firm bios.

Social Security Estimator

Ever wonder how much you’ll receive in retirement benefits from Social Security? Now you can find out the answer. Recently, the Social Security Administration (SSA) added the retirement estimator to its website. The estimator is a planning tool that permits you to get a personalized estimate of your potential Social Security retirement benefit.

It is tied to your actual earnings record so you do not need to enter years of earning information. Your reported earnings are automatically accessed.

The Social Security Administration maintains that the site is secure. According to the Social Security Administration, the estimator does not reveal any personal information such as your address, earnings, or other information. The estimates are only provided online. And, for security reasons, there are time limits for viewing each page. After 25 minutes without any activity, you are given a warning.

The estimator is not for everyone. It is intended for use by those you are not receiving benefits (including medicare) on their own social security record and have enough credits to qualify for benefits. If you are subject to an offset based upon a pension, it is not for you.

One benefit of the estimator is that you can compare different retirement options by entering different dates of retirement or expected earnings. But, keep in mind that estimates are just estimates. The estimator is not adjusted for inflation and it bases its estimate on projected earnings.

To access the retirement estimator go to www.ssa.gov and click on retirement.

To learn more about social security disability law issues please click social security law. To learn about our social security disability lawyer in Maryland, please click social security disability lawyer maryland, and read our firm bios on Dory Sutker or Suja Varghese.

Slips on Ice

As I walked down the escalator at my neighborhood Metro station and sipped my morning green tea, I slipped on wet stairs and slid down the escalator about 10 feet.  Fortunately, other than my embarrassment, some spilled tea, and arriving late to work, I suffered only some minor bruises and aches.

When I got to the office, some of my co-workers asked if I had notified Metro and filled out an accident report. I did not. The reason -- I knew that Metro was not responsible for my particular accident. When walking in rain, snow, or any wet-conditions, it is my responsibility to be as careful as possible.

Every year, I receive phone calls from people seeking consultations and advice for accidents involving slips on snow and ice. The vast majority of these cases are rejected. It is extremely difficult to prove that some person is responsible for the results of weather. The District of Columbia has repeatedly upheld decisions favoring landlords and/or property managers when people slipped on ice on their property. Why? It's simply too difficult to prove that the person(s) is/are liable.

In order for liability to be demonstrated, a person must either know or should have known that a danger exists. Since ice and moisture can appear suddenly, the burden is on the plaintiff to show that the appropriate person was notified of the dangerous condition and failed to act reasonably within a reasonable period of time.

The best advice is simply to watch and be careful. I will definitely be wearing the snow boots I had from my mid-western winter days on my way to work tomorrow.

To learn more about premises liability or slips and falls, please see our website at premises liability.  To learn more about our personal injury lawyers, please click on personal injury lawyers maryland and read our firm bios on Andrew Bederman, Roger Greenberg, or Jason Fernandez.