One of the most significant hurdles Maryland nursing home abuse and neglect cases face early in the process is overcoming a defense motion for summary judgment. Summary judgment is a mechanism by which either party – although very often the defense in personal injury cases – asks the court to…
Often, nursing home residents are elderly and sick, which is why many families bring their family members to a nursing home in the first place. Thus, a family member’s death in a nursing home may not always be cause for alarm. However, the fact that a family member was sick…
Tens of thousands of cases are filed in Maryland courts each year. To help the court system handle the large number of cases, procedural rules have been implemented to streamline the process and to ensure that only diligent plaintiffs with legally sound cases are permitted to have their cases heard…
Over the past several decades, the numbers of residents at nursing homes across the country have increased. Coinciding with this increase in population has been a frightening increase in the instances of nursing home abuse and neglect. Indeed, by some estimates, one in 10 nursing home residents will suffer some kind…
Over the past few months, there have been a number of nursing home abuse and neglect cases involving nursing home employees or management attempting to cover up the allegations made against them. Unfortunately, in some cases, this has turned out to be a successful tactic to evade liability, albeit through…
Last month, an appellate court in Georgia issued a written opinion in a case brought against a hospital involving allegations that the hospital was negligent in allowing the plaintiff to develop a stage IV bed sore. Ultimately, however, the court rejected the plaintiff’s case because the required expert affidavit that…
Earlier this month, an appellate court in Florida issued an interesting opinion in a case involving allegations that a nursing home was negligent in the care of a resident. The case presented the court with the opportunity to discuss an arbitration clause contained in a contract that also contained a…
Earlier this month, the United States Supreme Court issued a written opinion in a case brought by the surviving family members of two nursing home residents who died while in the care of the defendant nursing home. The case required the court to determine whether a state law was valid…
A claim of negligent hiring is based on the idea that an employer has a duty to protect others from a risk of harm posed by employees of which the employer knows or should know. If an employer fails to exercise reasonable care to ensure that other employees and customers…
Nursing homes do not enjoy a good reputation when it comes to patient care, and for good reason. Over the past few years, it seems that there has not been a week that goes by without an incident of nursing home abuse or neglect. With the increase in reports of…