Wrongful Death Claims Resulting from Nursing Home Neglect

 Posted on January 08, 2025 in Nursing Home Abuse and Neglect

Unfortunately, elder abuse and neglect in nursing homes is far more commonplace than most want to acknowledge. The National Center on Elder Abuse reports that one in 10 nursing home residents in the United States have experienced some form of abuse – physical, emotional, psychological, financial, or sexual. Even more have experienced instances of neglect.

When you consider that abuse, neglect, and wrongful deaths in nursing homes are significantly underreported, the number of victims is likely much higher. What happens when nursing home neglect or abuse leads to death? If your loved one died in a nursing home due to abuse or neglect, it is important that you speak to an experienced Hagerstown, MD nursing home abuse and neglect lawyer so you will understand your options.  

A Recent Maryland News Story Regarding Abuse of a Nursing Home Resident

Recently, a news story regarding the death of an elderly resident at the Rockville, MD Hebrew Home of Greater Washington reported disturbing information. A multiple-count wrongful death lawsuit was filed by the family members of an elderly resident of the nursing home who died from complications of a Stage 4 pressure ulcer. Pressure ulcers are more commonly known as bedsores and are usually considered a sign of neglect.

A bedsore, when left untreated, can lead to serious, even life-threatening issues among the elderly. Bedsores occur when a patient who is not mobile enough to turn themselves over in bed or change positions in a wheelchair does not receive assistance in doing so. Extended periods of pressure against a body part can result in reduced blood flow to the area, which in turn leads to tissue breakdown.

The woman in question had a large open wound the diameter of a teacup, exposing bone and damaged tissues. Nursing home staff are all aware of the potential for bedsores among residents and must change each resident’s position every two hours or so. Although this particular nursing home resident was 96 years old, family members say she was otherwise in fairly good health and that the negligence of the nursing home directly caused her death.  

Are Bedsores Preventable?

Because bedsores are preventable, stories like the one above are much more tragic. The complaint lodged against the Montgomery County nursing facility included allegations of gross understaffing, insufficient infection control, substandard care, failure to comply with federal and state regulations, and persistent and continuous cockroach and vermin infestations. The Maryland Resident’s Bill of Rights gives every patient the right to be free from neglect and abuse.  

How is a Maryland Wrongful Death Claim Filed for Nursing Home Abuse or Neglect?

There are two types of claims in a Maryland lawsuit for nursing home abuse or neglect. There is a claim for the harm caused to the victim, including the medical expenses associated with the injury and the pain and suffering experienced by the victim. Then there is the harm to the family members, which compensates loved ones for such things as funeral and burial expenses, as well as grief, mental anguish, and pain and suffering.

Maryland has a three-year statute of limitation, so the sooner the claim is filed, the better. A claim that involves an action against a medical or nursing provider in the state will initially be filed through the Health Care Alternative Dispute Resolution Office prior to filing in court. The filing of a certificate and a report from a qualified expert are also prerequisites to a lawsuit.

Contact a Washington County, MD Nursing Home Wrongful Death Lawyer

While no amount of money can bring your loved one back, it can make a difference – both in your own life and in ensuring the same thing does not happen to another nursing home resident. A Hagerstown, MD nursing home wrongful death attorney from Serafini Law can help you through this difficult time.

Your calls are answered 24/7, and our attorney is supportive of clients while being aggressive with insurance companies and other defendants. Your case will receive highly personalized attention from an attorney who has more than 12 years of experience.