Back when the pandemic began, there was a scramble amongst states throughout the U.S to establish a liability framework when it came to COVID-19 and nursing homes. It’s no secret that seniors are among the most vulnerable to the virus, and these efforts were made to protect both nursing homes and care facilities from any complications that arose as a result of the virus. Maryland is among the many states that have enacted such protections, but that doesn’t mean that nursing homes are immune to sanctions for negligence. As such, we would like to provide some insight to help you differentiate between subpar care and acceptable practices during the aftermath of COVID-19.
The Maryland Nursing Home Bill of Rights
The Maryland Nursing Home Bill of Rights establishes a baseline of care that must always be adhered to by nursing homes throughout the state. The most relevant takeaways from the bill are as follows:
- Residents have a right to quality care.
- Residents must be treated with respect.
While the failure to adhere to these two points certainly introduces the possibility of negligence, they do nothing to address the spread of viruses and infections.
Maryland Department of Health Guidelines
Since the Bill of Rights is most relevant during times of normalcy, the Maryland Department of Health recently amended a directive outlining many nursing home matters specifically pertaining to COVID.
These guidelines are currently the most up-to-date look at the standards that must be upheld in nursing homes across the state. Here are the key points pertaining to liability:
- Nursing homes must seek out updates from CDC, CMS, and MDH on a daily basis to check for updated guidance, policies, or procedures.
- Any individual who enters the facility must be screened in accordance with the Centers for Medicare and Medicaid Services (CMS) Core Principles of COVID-19 Infection Prevention Guidance.
- Vital signs and CDC symptom checks must be administered to residents on a daily basis. All evaluations must be documented in the resident’s medical records, and any changes in condition must be reported for further assessment
Contact Mobley & Brown, LLP for Help with Nursing Home Liability Cases in the Aftermath of COVID-19
If you are dealing with a nursing home liability case in Maryland and unsure where to turn, contact Mobley and Brown, LLP today. While the state of Maryland does offer certain protections for nursing homes, it is possible that they have failed to offer the quality of care that you deserve. Our experienced legal team will work with you to ensure you get the care you need. Call us now at (410) 385-0398.
