You placed your loved one in a nursing home expecting professional care, medical attention, and dignity.
Instead, they died from neglect, abuse, or inadequate treatment that never should have happened. And now you’re wondering if you can do something about it legally.
The answer is yes. You can file a wrongful death claim against a nursing home. These facilities owe residents a duty of care. When they breach that duty through negligence, understaffing, or just not caring enough, and that breach causes death, Maryland law gives families the right to pursue compensation. At Antezana & Antezana, LLC., we’ve handled enough of these cases to know how nursing home failures lead to preventable deaths.
What Constitutes Nursing Home Negligence
Nursing homes operate under state and federal regulations that set minimum standards for resident care. The Maryland Department of Health licenses and inspects facilities. Federal Medicare and Medicaid programs pile on additional requirements.
Negligence happens when a facility fails to meet these standards, and someone dies because of it. We’re talking about inadequate staffing, medication errors, failure to prevent falls, not providing proper nutrition and hydration, and ignoring obvious signs of illness. According to the Centers for Medicare & Medicaid Services, nursing homes must provide services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident. When they don’t, families have options.
Common Causes Of Wrongful Death In Nursing Homes
- Pressure Ulcers and Bedsores – Severe bedsores that progress to Stage 3 or 4 tell you everything about the level of neglect. These wounds develop when residents aren’t turned or repositioned regularly. Infections from untreated pressure ulcers lead to sepsis and death.
- Falls and Head Trauma – Residents fall frequently. But not all falls are unavoidable. Facilities must assess fall risk, implement prevention strategies, and respond quickly when falls occur.
- Malnutrition and Dehydration – Residents who can’t feed themselves need assistance at every meal. When facilities don’t provide that help, residents lose weight, become weak, and develop complications. Deaths from dehydration are entirely preventable.
- Medication Errors – Wrong medications, wrong doses, or missed medications. Nursing homes must have systems to prevent these errors and employ qualified staff who understand what they’re administering.
- Untreated Infections – Urinary tract infections, pneumonia, wound infections. They kill nursing home residents when staff fails to recognize symptoms or delays seeking medical treatment. Ignoring signs of infection for days allows treatable conditions to become fatal.
Proving A Nursing Home Wrongful Death Claim
Establishing liability means showing that the facility’s negligence directly caused the death. Medical records document the resident’s condition, what care was provided, and any decline leading to death. These records often reveal significant gaps in care.
We also request nursing home policies, staffing schedules, training records, and inspection reports. Expert testimony from geriatric care professionals helps establish what standard of care the facility should have provided and how badly they fell short.
Who Can File A Wrongful Death Claim In Maryland
Maryland law establishes a priority system. The surviving spouse has first priority. If there’s no spouse, adult children can file. No spouse or children? Parents may bring the claim.
Damages Available
Maryland wrongful death claims compensate for both economic and non-economic losses. Economic damages cover medical expenses incurred before death, funeral and burial costs, and lost financial support. Non-economic damages address loss of companionship, guidance, and the relationship you had with your loved one.
Maryland doesn’t cap non-economic damages in wrongful death cases involving gross negligence. Punitive damages may be available in particularly egregious cases.
Time Limits For Filing
Maryland’s statute of limitations for wrongful death claims is three years from the date of death. Miss that deadline and your right to pursue compensation disappears.
Investigation takes time. Medical records have to be requested and reviewed. Experts need months to evaluate care standards properly. Starting early protects your rights.
Taking Action After A Nursing Home Death
If you suspect your loved one died because of nursing home negligence, start documenting now. Request complete medical records. Photograph any visible injuries. Write down everything you observed about their care while it’s still fresh in your mind.
Report suspected neglect or abuse to the Maryland Department of Health. For an experienced Rockville wrongful death lawyer, nursing home cases require thorough investigation and a willingness to go up against well-funded corporate defendants. If you’ve lost a family member in a nursing home and believe substandard care contributed to their death, reach out to our team. We’ll review what happened and explain your legal options.