| August 19, 2026 | Maryland Law, Personal Injury

Hunter Duke, Attorney and Chief Operating Officer at WGK Personal Injury Lawyers

By Hunter Duke, Attorney | Chief Operating Officer

You noticed something off the last time you visited. A new bruise. A glassy look. A staff member who couldn’t answer a simple question about your mother’s day.

That feeling in your stomach is worth listening to. Nursing home neglect rarely announces itself. It shows up in small signs first, and families are usually the ones who catch them.

If your loved one was harmed, your family may be able to recover compensation. That can cover the medical care that followed, the pain your loved one went through, and the cost of the care they needed afterward. This guide covers what to watch for, how to report it in Maryland, and what a civil claim actually involves.

What Counts as Abuse and Neglect

Empty bed in a nursing home room

Elder abuse is an intentional act, or a failure to act, that causes harm or a risk of harm to an adult age 60 or older.1 That second part matters. In nursing homes, the harm usually comes from care that was skipped, not a blow that was struck.

The CDC groups elder abuse into five types:1

  • Physical abuse
  • Sexual abuse
  • Emotional or psychological abuse
  • Neglect
  • Financial abuse

Neglect is the failure to meet a resident’s basic needs. That includes food, water, hygiene, medical care, and supervision. A resident who develops bedsores or becomes dehydrated is often a resident who was left alone too long.

Abuse and neglect aren’t the same thing in the eyes of the law. Your family can bring a civil claim for either one.

Warning Signs Families Should Watch For

The National Institute on Aging publishes the checklist families use most.2 You don’t need a medical degree to spot most of these. Learn them before your next visit.

Physical signs

Unexplained bruises, scars, or burns. Marks that look like restraint injuries. Note where they are and how often they show up.

Emotional signs

These are quieter. New fear. Withdrawal.

A parent who goes silent when a particular aide walks into the room. Watch the body language as much as the words.

Signs of neglect

Neglect leaves its own fingerprints:

  • Bedsores or pressure wounds
  • Sudden weight loss or signs of dehydration
  • An unwashed appearance or soiled clothing
  • Missing dentures, glasses, walkers, or hearing aids2

Financial signs

Sudden, unexplained money problems can signal financial exploitation.2

Any one sign can have an innocent explanation. A cluster of them shouldn’t be ignored.

What to Do Right Now

If you suspect abuse or neglect, move quickly. Wounds heal, records get thin, and staff members turn over.

  1. Make sure your loved one is safe, and call 911 if there’s immediate danger.
  2. Photograph any injuries, bedsores, or unsafe conditions. Write down dates and what you saw.
  3. Report the problem to the ombudsman (800-243-3425) or, for serious harm, the Office of Health Care Quality (410-767-6500).
  4. Ask the facility, in writing, for a copy of the medical and care records.
  5. Get an independent medical evaluation of any injury.
  6. Talk to a personal injury lawyer before you sign anything the facility puts in front of you.

That last step matters more than families expect. Paperwork handed to you during a crisis can affect what you’re able to do later.

How WGK Helps Families in These Cases

Once your family raises a concern, the facility stops being a caregiver and starts being a defendant. It carries liability insurance, and the insurance company’s job is to pay as little as it can. You may receive a call requesting a recorded statement. You may get an early offer, before anyone knows how badly your loved one was hurt.

Here’s what we actually do:

  • Investigate. We pull the care chart, medication records, incident reports, and wound documentation. We look at staffing levels on the days that matter.
  • Preserve evidence. We send preservation letters early, so records, schedules, and any camera footage don’t quietly disappear.
  • Bring in the right expert review. Bedsore, dehydration, fall, and choking claims turn on whether the care met the standard. That takes a qualified opinion.
  • Build the demand. We document the medical costs, the extra care your loved one needed, and the human harm behind the chart.
  • Negotiate with the insurance company. You don’t give the statement. We do the talking.
  • File suit and take the case to trial when the offer doesn’t reflect the harm.

You never have to face the facility’s insurer on your own, and you shouldn’t. The first conversation with us is free.

Where to Report Nursing Home Abuse in Maryland

If your loved one is in immediate danger, call 911 first. After that, Maryland gives families several reporting paths. Picking the right one speeds things up.

  • Non-emergencies: the Long-Term Care Ombudsman. This is a free, resident-focused advocate working in every county. The program serves more than 54,000 Maryland residents and resolves roughly 86% of complaints to the resident’s satisfaction.3 Call 800-243-3425 or reach your local ombudsman office.
  • Serious abuse, neglect, or imminent harm: the state inspectors. The Maryland Office of Health Care Quality inspects nursing homes and takes complaints at 410-402-8018, or toll-free at 877-402-8218.4
  • Not sure who to call: the Eldercare Locator. This federal line, 800-677-1116, routes you to the right Maryland office.5

One common mistake is calling Adult Protective Services for everything. When the victim lives in a nursing home, APS investigates only financial exploitation. Other categories go to the OHCQ or the ombudsman.6

Reporting protects your loved one. It doesn’t compensate your family. Those are two separate tracks, and you can pursue both at the same time.

Why Families Have to Stay Alert

Abuse in care settings is more common, and more hidden, than most people think. About 1 in 10 older adults living at home experience abuse, neglect, or exploitation.1

The harder problem is silence. Researchers estimate that only about 1 in 23 cases of elder mistreatment are ever reported.7 Fear of payback, dependence on the caregiver, and shame all keep families quiet.

Facilities don’t always self-report either. A federal watchdog reviewed Medicare patients and found that skilled nursing facilities often failed to report suspected abuse to law enforcement as required. That held true even when emergency rooms flagged suspicious injuries.8

The takeaway is simple. You are your loved one’s best monitor.

Maryland treats serious mistreatment of an at-risk adult as a crime. Under Maryland Criminal Law Section 3-604, first-degree abuse or neglect of a vulnerable adult is a felony. The penalty is up to 10 years in prison, a fine of up to $10,000, or both.9 A vulnerable adult is someone who can’t provide for their own daily needs.9

The state does act on this. Maryland’s Attorney General runs a Medicaid Fraud and Vulnerable Victims Unit. It has won vulnerable-adult abuse convictions in Anne Arundel, Baltimore, and Howard counties.10 It has also settled with facilities accused of substandard care in Cecil County10 and Baltimore County.11

Here’s the part families miss. Those settlements are generally paid to the state, not to the injured resident. A civil claim is the only route that puts compensation in your family’s hands.

Oversight gaps are real, too. Maryland nursing-home residents have sued the state health department. The suit says the state failed to inspect facilities and investigate complaints on time.12

Debra Gardner of the Public Justice Center said the state has been “falling down on the job of making sure that nursing facilities are doing their job”.12 Waiting for a state inspection to fix things is not a plan.

A criminal case punishes a wrongdoer. A civil case is how your family recovers compensation. You can bring one even if no criminal charges are ever filed. You don’t have to prove a crime to hold a facility accountable for negligence.

If neglect or abuse caused a death, Maryland’s wrongful death law lets a spouse, parent, or child bring a claim.13 The case involves opening an estate and a waiting period before suit can move forward. That’s one reason to talk to a lawyer early.

What drives the value of a nursing home claim

  • Medical costs. Hospital stays, wound care, surgery, and the treatment your loved one needed because of the harm.
  • The care that followed. Extra nursing care, a move to a safer facility, or equipment your loved one needed afterward.
  • How long the recovery took. A wound that took months to close is a different case than one that healed in weeks.
  • Whether the harm is permanent. Lasting disability, loss of mobility, or a decline that never reversed.
  • Pain and suffering. The physical pain, and the limits a serious injury puts on daily life.
  • What a family loses in a death case. The loss the family carries when a parent or spouse dies.

How Maryland’s damages cap works

Maryland caps non-economic damages, which cover pain and suffering, in every personal injury case. Nursing home claims brought as ordinary negligence are subject to this cap. Claims brought as medical malpractice are subject to a separate cap.

For injuries on or after October 1, 2025, the general cap is $965,000 per injured person. It rises to $1,447,500 in wrongful death cases with 2 or more eligible beneficiaries. The cap that applies is set by the date of the injury or death, not the date you file.13

Economic damages, like medical bills and the cost of care, have no statutory limit.

WGK Personal Injury Lawyers handles nursing-home abuse and neglect cases for Maryland families. That includes neglect, bedsore, dehydration, and choking claims, for families in Baltimore, Dundalk, and across the region.

How to Check a Baltimore-Area Facility Before You Place a Loved One

The strongest move you can make happens before anyone signs a contract. Medicare’s free Care Compare tool lets you look up any nursing home by name and read its inspection history.14

Look for the abuse icon first. Care Compare flags facilities cited for abuse in the recent past. Any home carrying that flag should be a hard no.

Then check the overall star rating and the inspection sub-rating. CMS data show that one-star facilities are far more likely to have an actual-harm citation than five-star facilities. The rating is a real predictor of risk, not a marketing badge.14

Read the most recent inspection report on the site. Call the local ombudsman and ask what they’re hearing about that facility before you commit. Save what you find. If your family ever brings a claim, a facility’s citation history is part of the picture.

Frequently Asked Questions

What is a nursing home neglect case worth in Maryland?

It depends on the medical costs, how long the recovery took, whether the harm is permanent, and the pain your loved one went through. Economic damages, like medical bills and the cost of follow-up care, have no statutory limit in Maryland. Non-economic damages are capped.

For injuries on or after October 1, 2025, the cap is $965,000 per injured person, rising to $1,447,500 in wrongful death cases with 2 or more eligible beneficiaries.13 No lawyer can value a case before seeing the records.

How much does it cost to hire a nursing home abuse lawyer?

Nothing upfront. We work on a contingency fee, so you pay nothing unless we recover compensation for you. The fee is 33.3% if the case resolves before a lawsuit is filed, and it increases to 40% once a lawsuit is filed, whether or not the case goes to trial. The first consultation is free.

What evidence proves nursing home neglect?

The medical and care chart, medication records, wound documentation, incident reports, and staffing schedules do most of the work. Photos of injuries and conditions, dated notes from your visits, and accounts from other families and former staff fill in the rest. State inspection reports can matter too.14 Ask the facility in writing for the records, and get a lawyer involved early so nothing is lost.

How long do I have to file a nursing home abuse lawsuit in Maryland?

Most nursing-home injury and neglect claims must be filed within 3 years of the injury under Maryland law.15 Wrongful death claims run 3 years from the date of death. If a county or state-run facility is involved, written notice can be due within 1 year. Call a lawyer early rather than waiting.

Can I sue a Maryland nursing home if my loved one died from neglect?

Yes. Maryland’s wrongful death law lets a spouse, parent, or child bring a claim.13 These cases involve opening an estate and a public-notice period before suit proceeds. The 3-year deadline runs from the date of death, so don’t wait to get advice.

Is nursing home negligence the same as abuse?

No. Abuse is an intentional act or willful failure to act that causes harm. Serious cases are a felony in Maryland under Criminal Law Section 3-604.9

Negligence is a failure to meet the standard of care without intent, like missed medications or understaffing. Your family can sue a facility for negligence without having to prove criminal abuse.

Talk to a Baltimore Nursing Home Abuse Lawyer

If your loved one was hurt in a Maryland facility, you don’t have to sort this out alone while you’re also managing their care. Tell us what you saw. We’ll tell you whether there’s a case, what the records are likely to show, and what the deadlines are for your situation.

WGK Personal Injury Lawyers has served Maryland families for nearly 50 years. Our attorneys bring nearly 100 years of combined attorney experience to these cases.

The consultation is free, and you can handle it by phone. There’s no upfront cost, and you pay nothing unless we recover compensation for you. Call us at (410) 837-2144 or reach out through our contact page to talk through what happened.

This is marketing material and is not legal advice. Every case is unique and laws change frequently. Please contact our office to speak with an attorney about your specific situation before making any legal decisions.

Sources

  1. CDC, About Abuse of Older Persons, 2024. Federal definition of elder abuse, the five types of abuse, and the 1-in-10 community prevalence figure. https://www.cdc.gov/elder-abuse/about/index.html
  2. National Institute on Aging, Spotting the Signs of Elder Abuse, 2024. Warning-sign categories for physical, emotional, abandonment, sexual, neglect, and financial abuse. https://www.nia.nih.gov/health/elder-abuse/spotting-signs-elder-abuse
  3. Maryland Department of Aging, Long-Term Care Ombudsman Program, 2025. Program scale (more than 54,000 residents served, about 86% complaint resolution) and contact numbers. https://aging.maryland.gov/pages/state-long-term-care-ombudsman.aspx
  4. Maryland Office of Health Care Quality, 2025. State survey agency role and complaint line. https://health.maryland.gov/ohcq/pages/home.aspx
  5. Administration for Community Living, Eldercare Locator, 2024. Federal referral line connecting callers to local agencies and ombudsmen. https://eldercare.acl.gov/Public/Resources/Topic/Elder_Abuse.aspx
  6. Maryland Department of Human Services, Adult Protective Services, 2024. APS investigates only financial exploitation when the victim resides in a nursing home. https://dhs.maryland.gov/office-of-adult-services/adult-protective-services/
  7. National Center on Elder Abuse, Statistics and Data, 2024. Estimate that only 1 in 23 incidents of elder mistreatment are reported. https://ncea.acl.gov/What-We-Do/Research/Statistics-and-Data.aspx
  8. HHS Office of Inspector General, Incidents of Potential Abuse and Neglect at Skilled Nursing Facilities Were Not Always Reported and Investigated, 2019. Finding that SNFs frequently failed to report suspected abuse. https://oig.hhs.gov/reports/all/2019/incidents-of-potential-abuse-and-neglect-at-skilled-nursing-facilities-were-not-always-reported-and-investigated/
  9. Maryland Code, Criminal Law Section 3-604, 2025. Definition of vulnerable adult and first-degree abuse/neglect felony penalties (up to 10 years, up to $10,000). https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=3-604
  10. HHS Office of Inspector General, Enforcement Actions, 2024-2025. Maryland AG Medicaid Fraud and Vulnerable Victims Unit vulnerable-adult convictions across three counties and the Cecil County facility settlement. https://oig.hhs.gov/fraud/enforcement/attorney-generals-medicaid-fraud-and-vulnerable-victims-unit-secures-a-1289679-settlement-and-corporate-oversight-of-elkton-nursing-and-rehabilitation-center-in-cecil-county/
  11. Baltimore Sun, Randallstown nursing home to pay $200,000 for alleged infractions, 2025. https://www.baltimoresun.com/2025/11/05/randallstown-nursing-home-pay-for-infractions/
  12. Justice in Aging, Nursing Home Residents Suing Maryland Department of Health over Inspections and Enforcement, 2024. Class action filing and Public Justice Center quote. https://justiceinaging.org/newsroom/nursing-home-residents-suing-maryland-department-of-health-over-inspections-enforcement/
  13. Maryland Code, Cts. & Jud. Proc. Section 11-108 (non-economic damages cap), 2025. Cap amount, accident-date basis, and who may file a wrongful death claim. https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gcj&section=11-108 and Section 3-904 (wrongful death eligibility), Maryland Code, Cts. & Jud. Proc. Section 3-904 https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gcj&section=3-904
  14. CMS, Five-Star Quality Rating System and Medicare Care Compare, 2024. Abuse icon, star ratings, and the actual-harm citation disparity between one-star and five-star facilities. https://www.cms.gov/medicare/health-safety-standards/certification-compliance/five-star-quality-rating-system
  15. Maryland Code, Cts. & Jud. Proc. Section 5-101 (general 3-year PI statute of limitations) https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj&section=5-101 and Section 5-109 (health-care-provider limitations), 2025. https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj&section=5-109