Personal Injury

Nursing Home Abuse Crisis and Inspection Failures

A old woman in a nursing home.

Joshua C. Sussex, Esq.

Published on:
October 15, 2025
Updated on:
October 15, 2025
A old woman in a nursing home.

When a family places a loved one in a nursing home, the expectation is basic: dignity, safety, and competent medical care. But far too often, that expectation is broken. Neglect, abuse, and systemic oversight failures plague many facilities—even in a regulated state like Maryland. In this post, I’ll explain how inspection failures contribute to preventable tragedies, whether “My loved one was neglected in a Maryland nursing home — can we sue?”, and how a Maryland nursing home lawsuit tied to inspection breakdowns helped produce an $8.5 million verdict.

“My Loved One Was Neglected in a Maryland Nursing Home — Can We Sue?”

Yes. Under Maryland law and analogous negligence theories, families can hold nursing homes (or their operators, staff, and sometimes regulators) legally accountable for harm caused by neglect or abuse. But success depends on establishing key legal elements:

  1. Duty & Standard of Care
    A nursing home owes its residents a duty to provide care consistent with the accepted standard in the field, satisfying basic needs (nutrition, hydration, hygiene, safe movement, prompt medical attention).
  1. Breach of Duty (Negligent Care or Substandard Practice)
    In my experience, common breaches include development of bedsores, dehydration, falls, or medication errors. I’ve seen bedsores—pressure ulcers that worsen when staff fail to reposition or treat them—and dehydration from inadequate monitoring and fluid support. These are classic signs of neglect.
  1. Causation & Injury
    You must show that the breach directly caused harm. If a resident falls and fractures a leg when staff fail to follow a care plan, or if dehydration triggers medical complications, the “but-for” and “proximate” causes must be shown.
  1. Damages
    Evidence of harm—whether physical injury, pain and suffering, additional medical costs, or wrongful death—is necessary to recover compensation.

In wrongful death scenarios, Maryland’s wrongful death statute allows a decedent’s heirs to recover for losses caused by negligent or intentional harm.

One legal complexity: Maryland imposes caps or limits (especially for wrongful death claims). In one high-profile $8.5 million verdict, the jury awarded $8.5M, but the family’s recoverable amount was limited by statutory caps — in that case, they ultimately collected $850,000.  

Thus, yes—you can sue when a loved one is neglected in a Maryland nursing home. The stronger your evidence (inspection reports, medical records, logs, photos, witness testimony), the stronger your case.

Maryland Nursing Home Lawsuit: How Inspection Failures Led to $8.5 M Verdict

Inspection failures are not just oversight lapses—they can directly contribute to harm, and they can also form a legal basis for liability or evidentiary leverage in a nursing home lawsuit.

The $8.5 M Verdict

In Prince George’s County, a jury awarded $8,500,000 to the family of a nursing home resident who died after prolonged malnutrition and neglect. The resident lost drastic weight (dropping to 95 pounds, then later 81) and experienced long stretches without adequate monitoring or a corrective care plan. Despite red flags, no meaningful interventions were made.  

However, Maryland law limited the recovery under the wrongful death cap, and so the family’s actual compensation was much reduced (to $850,000). Even so, the headline verdict underscores how the jury found systemic failure, not isolated error, and recognized the devastating harm of neglect.

How Inspection Failures Feed Lawsuits

  • Regulatory Template for Care
    Federal and state nursing home regulations (e.g. Medicare/Medicaid requirements, state licensure standards) set baseline expectations for care, staffing, monitoring, nutrition, hydration, fall prevention, wound care, etc. When a nursing home fails to meet these, inspection reports may confirm those defects.
  • Inspection Reports as Evidence
    If a nursing home was cited repeatedly for pressure sore violations, hydration or nutrition violations, or inadequate staffing, those inspection findings can bolster your argument that the facility breached its duty. They can help establish notice—that is, the nursing home was (or should have been) aware of deficiencies.
  • Causation through Long-Term Trends
    A facility with a history of failing inspections may create a pattern: residents neglected over time, call bells ignored, staffing lagging, uninvestigated complaints. The inspection history helps connect that pattern to the specific harm suffered by your loved one.
  • Punitive or Enhanced Damages
    While punitive damages are rarely allowed in nursing home cases under Maryland law, a history of repeated, uncorrected violations supports arguments for more robust compensation and settlement pressure.

Thus, inspection records function as both evidentiary support and strategic leverage in a Maryland nursing home lawsuit, especially when the jury hears that the facility operated under a regulatory cloud.

Maryland Nursing Home Abuse: Federal Lawsuit Exposes Inspection Crisis

The crisis is not merely localized to individual facilities. In 2024–2025, a landmark federal lawsuit challenged Maryland’s Department of Health (MDH) for systemic failures in nursing home oversight.

  • In Connor v. Maryland Department of Health, plaintiffs (residents) sued under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, alleging that MDH failed to conduct mandatory annual inspections, delayed investigations of complaints, and allowed facilities to re-certify without proper oversight.  
  • In May 2025, a federal judge refused to dismiss the case and granted class certification for over 9,000 nursing home residents with mobility impairments, stating the complaint plausibly showed a chain of causation between MDH’s oversight failures and concrete harms to residents.  
  • The court emphasized that many Maryland nursing homes had not been inspected for years, and that complaints were often left unresolved or delayed.  
  • Advocates note the backlog of inspections is serious: as much as 80% of Maryland’s nursing homes were out of compliance with the mandated 12-month survey cycle, and over half of complaints went uninvestigated in time.  

This case frames the issue not merely as individual tragedy, but as a public accountability failure: when the state abdicates its duty, residents pay the price.

Case Vignette: When Standards Are Ignored

Here’s a real-world scenario (anonymized) that illustrates how standard-of-care breakdowns—and inspection failures—intersect:

A resident had a care plan designating two-person assist for shower transfers. Two staff began the process. After entering the shower, one staff member left, leaving a single staff with the resident. When the resident protested needing additional help, the remaining staff tried to remove them alone. The result: a fall, a fracture in the lower extremity, surgical repair, and ultimately the resident passed away after complications from surgery.

This kind of breach—deviating from the care plan, failing to monitor staffing, ignoring safety protocols—is precisely the kind of neglect I see in practice. In discovery, nursing home logs, medical records, and inspection histories often confirm a pattern of under-staffing or disregard for resident safety.

Evidence That Really Moves Cases

In my experience some of the most compelling evidence includes:

  • Nursing home logs and staffing records (showing missed shifts, under-staffing, or unrecorded activity)
  • Medical records (documenting weight loss, lab tests, infection markers, dehydration)
  • State and federal inspection reports (citing pressure ulcer, nutrition, hydration, staffing, and supervision deficiencies)
  • Complaint logs / internal incident reports / risk management files
  • Photographs and videos (bedsores, room conditions, unattended call lights)
  • Testimony from witnesses / family / former staff corroborating neglect or abuse
  • Expert reports (nursing experts, geriatric care experts) tying the breach to harm and damages

These forms of evidence help fill gaps in memory, strengthen causation arguments, and elevate your case beyond a “he said, she said” fight.

What to Do in the First 24–72 Hours

When a family suspects neglect in a nursing home, time is critical. My advice to families aligns with your instincts:

  1. Ensure Safety Immediately
    If you believe the facility is unsafe, make arrangements to relocate the resident—temporarily or permanently—to a safer facility or acute care setting.
  1. Document Everything
    Take photos, videos, notes. Record dates, times, names of staff you spoke with, the conditions you observed.
  1. Request Records Promptly
    Ask for nursing notes, care plans, vital signs logs, weight records, incident reports, and the inspection citation history.
  1. Make a Formal Complaint
    File a complaint with the Maryland Office of Health Care Quality (OHCQ), local ombudsman, or elderly abuse hotline. That prompts an inspection or investigation.
  1. Preserve Evidence
    Don’t allow the facility to alter, dispose of, or destroy records or video footage. Ask in writing that they preserve all relevant data.
  1. Contact Legal Counsel as Soon as Possible
    The statute of limitations may bar recovery if delayed. Early consultation helps strategize to preserve evidence and engage experts.
  1. Be Present & Advocate
    Visit frequently. Ask questions. Talk to staff. Resist being shut out—your presence helps deter further neglect.

Why This Crisis Matters in Maryland

  • Regulatory failures in Maryland are not theoretical—they’re being litigated.  
  • Systemic inspection backlogs mean facilities can go years without full oversight.  
  • A high-profile verdict shows juries will recognize extreme harm.  
  • I often see repeated red flags (bedsores, dehydration, falls) in your practice—these are not random accidents, but symptoms of systemic neglect.

I often see clients come to me when it’s already too late: weight loss irreversible, pressure ulcer advanced, dehydration requiring hospitalization, or fall fractures with cascading complications. It is far better to act early.

Conclusion

If you ask, “My Loved One Was Neglected in a Maryland Nursing Home — Can We Sue?”, the answer in many cases is yes—but success depends heavily on evidence, timing, and exposure of regulatory failures. The Maryland nursing home lawsuit in Prince George’s County that produced an $8.5 M verdict (even if reduced by statutory caps) should be a warning: juries see gross negligence, especially when inspection failures reveal patterns of neglect.

And the ongoing federal class-action lawsuit against Maryland’s Department of Health — alleging failures in inspection oversight — underscores that the crisis is institutional, not isolated.  

If your loved one shows signs of neglect—bedsores, dehydration, falls, weight loss, unexplained injuries—don’t wait. The first 72 hours are critical. Document, preserve, advocate, and consult experienced counsel who understands Maryland nursing home law, inspection failures, and how to build a winning case.

If you or your loved one has suffered from nursing home neglect or abuse in Maryland, contact me at SG Legal Group. My team and I will help you understand whether you have a claim, preserve essential evidence, and pursue justice and compensation. Call 410-618-1277 or visit our contact page to schedule a consultation.

Joshua C. Sussex, Esq.

Partner
,
Personal Injury Attorney

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