Maryland Nursing Home Lawsuit

What to Know About a Nursing Home Abuse Lawsuit in Maryland 

Before delving into the specifics of filing a nursing home abuse lawsuit in Maryland, it is crucial to have a grasp of the key factors involved. Nursing home abuse lawsuits typically arise due to negligence, where the facility fails to provide adequate care, leading to harm or injury. The following are important considerations:

Statute of Limitations

Maryland, like other states, has a statute of limitations for filing nursing home abuse lawsuits. In most cases, you have up to three years from the date of the incident to bring a claim. However, it is advised not to delay seeking legal advice, as gathering evidence and building a strong case takes time.

When it comes to the statute of limitations, it is essential to understand that there may be exceptions to the general rule. For instance, if the abuse or neglect was not immediately discovered, the clock may start ticking from the date of discovery rather than the date of the incident. Additionally, if the victim is mentally incapacitated, the statute of limitations may be extended until they regain capacity.

It is also worth noting that the statute of limitations can vary depending on the type of claim being pursued. For example, if the lawsuit involves medical malpractice, the time limit may be different from a general negligence claim. Consulting with an experienced attorney will help you understand the specific deadlines that apply to your case.

Proof of Negligence

In a nursing home abuse lawsuit, you must establish that the facility breached its duty of care towards your loved one. This usually requires proving that the nursing home failed to provide a reasonable standard of care, leading to harm. Witnesses, medical records, and expert testimony can be crucial in establishing negligence.

When gathering evidence to support your claim, it is essential to document any signs of abuse or neglect. This can include photographs of injuries, written statements from witnesses, and medical records indicating a decline in the resident’s health. Additionally, expert testimony from medical professionals can help establish the standard of care that should have been provided and how it was breached.

It is important to note that nursing home abuse cases can be complex, as the facility may try to cover up or downplay incidents of abuse. Therefore, it is crucial to work with an attorney specializing in nursing home abuse cases and has experience handling these types of claims. They will have the knowledge and resources to conduct a thorough investigation and build a strong case on your behalf.

Filing a nursing home abuse lawsuit in Maryland requires a clear understanding of the statute of limitations and the burden of proof in establishing negligence. Seeking legal advice as soon as possible and working with an experienced attorney will help ensure that your rights are protected and that you have the best chance of obtaining justice for your loved one.

How Long Does a Nursing Home Lawsuit Take in Maryland

One common concern among individuals contemplating a nursing home abuse lawsuit in Maryland is the duration of the legal process. It is important to note that every case is unique, and various factors can impact the timeline. However, on average, nursing home abuse lawsuits in Maryland can take anywhere from one to three years to reach a resolution. This timeline includes the following stages:

Investigation and Preparation

Before formally filing a lawsuit, your attorney will conduct a thorough investigation. This stage involves gathering evidence, such as medical records, witness statements, and expert opinions, to establish the nursing home’s negligence. It is crucial to collect all necessary documentation to build a strong case and negotiate a fair settlement.

Filing the Lawsuit

Once the investigation is complete, your attorney will file a complaint against the nursing home. The defendant, usually the nursing home and its staff, will be served with the lawsuit. This triggers the formal legal process, and the case officially enters the court system.

Discovery

During the discovery stage, both parties exchange information and documents related to the case. This can include depositions, interrogatories, and requests for documents. The goal is to establish the facts and gather as much evidence as possible to support their respective arguments.

Negotiation and Settlement

After the discovery stage, it is common for the parties to attempt settlement negotiations through mediation or other alternative dispute resolution methods. If a fair settlement cannot be reached, the case will proceed to trial.

Trial

In the event that the case goes to trial, both sides will present their arguments and evidence to a judge or jury. The decision-making process can take several months, potentially extending the overall timeline.

How to File a Lawsuit Against a Nursing Home in Maryland

Filing a lawsuit against a nursing home in Maryland requires careful planning and adherence to the legal process. The following steps outline the general procedure:

Step 1: Consult an Attorney

Seeking guidance from an experienced attorney well-versed in nursing home abuse cases is essential. They will evaluate your situation, explain your legal options, and help determine whether you have a viable case. Additionally, an attorney can guide you through the intricate legal process and fight for your rights.

Step 2: Collect Evidence

Compile all relevant evidence to support your claim. This may include medical records, photographs, witness statements, and any other documentation that can strengthen your case. Ensuring a comprehensive collection of evidence will greatly enhance your chances of success.

Step 3: File a Complaint

Your attorney will draft a complaint detailing the allegations against the nursing home and its staff. This document will be filed with the appropriate court, initiating the legal process.

Step 4: Serve the Defendant

Once the complaint is filed, it must be served to the defendant, typically the nursing home. Proper service ensures that the defendant is aware of the lawsuit and gives them an opportunity to respond.

Step 5: Navigate the Legal Process

From this point forward, your attorney will guide you through the various stages of the legal process, including discovery, negotiation, and potentially, trial. It is crucial to maintain open communication with your attorney and follow their advice.

Common Injuries in Maryland Nursing Home Lawsuits

Nursing home abuse can result in many injuries that harm a resident’s physical and emotional well-being. In Maryland nursing home lawsuits, several common injuries have been documented, including:

1. Bedsores (Pressure Ulcers): Prolonged pressure on the skin can lead to painful and debilitating bedsores.
2. Falls: Inadequate supervision and hazardous conditions in nursing homes can contribute to serious fall-related injuries, such as fractures and head trauma.
3. Malnutrition and Dehydration: Neglect in providing proper nutrition and hydration can lead to severe health consequences, including weight loss, weakness, and organ failure.
4. Medication Errors: Mishandling of medication, such as administering the wrong dosage or failing to provide essential medications, can cause significant harm to residents.
5. Emotional Distress: Harassment, humiliation, or isolation can profoundly impact a resident’s mental health and emotional well-being.

It is disheartening to think that nursing home residents, among our society’s most vulnerable members, can suffer such injuries. However, by bringing these cases to light through lawsuits, families are seeking justice for their loved ones and pushing for improved standards of care in nursing homes across Maryland.

How to Take Action Now

Initiating a lawsuit is essential in instances of nursing home abuse in Maryland. By promptly filing a legal case, you can ensure that your rights are safeguarded, and justice is actively sought.

To embark on the lawsuit process for nursing home abuse in Maryland, request a free case review. Our team will evaluate your circumstances and guide you through the subsequent steps for pursuing a lawsuit.