When a nursing home employee’s negligent, reckless, or intentional actions result in the death of a resident, the family of the deceased resident may want to seek justice on behalf of their loved one. This is done through a Maryland wrongful death lawsuit.
Wrongful death lawsuits are similar to traditional negligence lawsuits, but require proof of one additional element: the relationship between the parties. In Maryland, only certain parties can bring a wrongful death case against a negligent or abusive nursing home employee. These are call “primary beneficiaries” and include the “wife, husband, parent, and child of the deceased person.”
However, sometimes there will be no primary beneficiary available to bring the lawsuit. In such cases, the law allows for a secondary beneficiary to proceed with the case. A secondary beneficiary is “any person related to the deceased person by blood or marriage who was substantially dependent upon the deceased.” Of course, this is more difficult to prove than a simple blood relation, because it requires establishing substantial dependence. In some states, if no primary beneficiary exists, then the case will be brought by the deceased’s estate.
Once the court determines that the proper party is bringing the lawsuit, the case will move forward to determine if the defendant was legally negligent and thus liable to the plaintiff. In order to succeed, a plaintiff must prove that the defendant’s negligent or intentional actions brought about the death of their loved one.
Estate of Deceased Seeks Justice on Man’s Behalf
Earlier this month, a Chicago nursing home was sued by the estate of a man that claimed the nursing home’s negligence resulted in his premature death. According to one local news report, the lawsuit claims that the nursing home was aware that the man was susceptible to pressure sores when he was admitted but nursing home staff failed to take adequate precautions. This led to the man developing stage 4 pressure sores over his lower body.
The sores necessitated that he undergo surgery. After the surgery, he was transported back to the nursing home where it became evidence that he had contracted the MRSA virus. He was hospitalized as a result, but his wounds were unable to heal and he died a short time later.
Has Your Loved One Unnecessarily Suffered in a Maryland Nursing Home?
If you have a loved one who you believe is currently unnecessarily suffering in a Maryland nursing home, or has recently passed due to what you believe to be inadequate care, you may be entitled to monetary compensation through a negligence or wrongful death lawsuit. Nursing homes are used to these lawsuits, and have teams of attorneys to help them defend themselves. It is important you have a dedicated team of lawyers as well. Call 410-654-3600 to set up a free consultation with one of the skilled personal injury lawyers at Lebowitz & Mzhen, LLC. With their help, you may be able to obtain compensation for the suffering your loved one endured.
More Blog Posts:
Nurse Charged with Abusing Patient and Falsifying Business Records to Cover It Up, Maryland Nursing Home Lawyer Blog, published February 15, 2016.
Arbitration Clauses in Nursing Home Contracts: Are They Binding?, Maryland Nursing Home Lawyer Blog, published March 7, 2016.