Earlier this month, charges were filed against a nursing home, alleging that the plaintiff’s loved one, who was a resident at the home, suffered through a pattern of abuse and neglect, leading to a rapid decrease in the man’s condition. According to one local news source, the nursing home named in that lawsuit recently sought to remove the case from state court to federal district court.
The plaintiff in the lawsuit is claiming that, while her loved one was staying at the defendant nursing home, he suffered from a series of serious injuries caused by neglectful and abusive staff. The allegations made are that the resident was not cared for properly and developed a serious medical condition that was made worse by the lack of treatment provided by nursing home staff. The plaintiff also claims that nursing home staff failed to keep her apprised of her loved one’s condition until it was too late.
In response to the allegations, the nursing home sought to remove the case to federal court. The outcome of the case is yet to be determined.
When Can Cases Be Removed to Federal Court?
In some cases, a defendant has the right to remove a case to federal court if they believe that will be a fairer forum for the charges they are facing. Often, a defendant will try and remove a case from the state court system if the defendant believes that they will not get a fair trial in the jurisdiction where the case was filed, usually due to the nature of the allegations.
However, not every case is removable to federal court, and plaintiffs may wish to keep the case in a local forum for a number of reasons, not the least of which would be for their own convenience. Some cases that may be removed to federal courts are those that allege a cause of action under a federal law or a case between parties in different states.
It is important that anyone who is considering bringing charges against a nursing home for the abusive or neglectful care provided to a loved one consider the fact that their case may be removed to federal court. Therefore, it is imperative that any attorney selected to assist in the preparation of the case be experienced in both state and federal courts.
Are You Considering Bringing Suit Against an Abusive or Neglectful Nursing Facility?
If you have a loved one whom you believe was abused or neglected in a Maryland nursing home, and you are considering bringing a civil case for damages against the facility, make sure you consult with a dedicated Maryland personal injury attorney who is experienced in both state and federal court. Cases against nursing homes are often hard-fought because of the significant liability that may be incurred on the nursing home’s part if it is found liable for your loved one’s injuries or death. In many cases, nursing homes will completely deny liability and will take advantage of every procedural option available to them to make the case more difficult for you. Be sure you are prepared for what lies ahead. Call 410-654-3600 today to set up a free consultation with a dedicated and experienced attorney.
More Blog Posts:
Nurse Faces Criminal Charges for Abuse of Resident, Maryland Nursing Home Lawyer Blog, published September 28, 2015.
Group of Nursing Homes Told They Cannot Force Arbitration by State Supreme Court, Maryland Nursing Home Lawyer Blog, published October 7, 2015.