Articles Posted in Relevant Nursing Home Case Law

Over the past few years, Maryland nursing home arbitration agreements have become very common. Essentially, an arbitration agreement is a contractual term between the resident and the nursing home in which the parties agree that, in the event a claim arises, neither party will file a case in the court system. Instead, the parties agree that they will submit the case to an arbitration panel, which will then issue a binding decision.

Signed AgreementThe issues with arbitration are now well known, although that was not always the case. At first blush, arbitration does not necessarily seem like a bad thing because it can result in the quicker resolution of claims and may reduce the costs associated with litigating a case. However, studies have shown that, on average, the rulings of arbitration panels tend to favor the company over the individual. One reason for this is that the company selects the specific company that will conduct the arbitration.

Given the importance of a person’s right to access the court system, courts require that arbitration agreements clearly show the parties’ intent to waive their rights before an arbitration agreement will be enforced. Additionally, courts must determine that the arbitration agreement is written in good faith and treats both sides fairly. Courts have also rejected arbitration agreements in cases involving the survivors of those who signed the original contract, finding that the survivor was not a party to the contract.

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Earlier this month, an appellate court issued a written opinion in a personal injury lawsuit discussing the validity of an arbitration agreement. The court ultimately concluded that the arbitration agreement, which was signed by the plaintiff on behalf of his deceased father, was not enforceable against the plaintiff to preclude a wrongful death lawsuit against the defendant nursing home facility.

ContractThe case is important to Maryland nursing home litigants because, like the statute discussed in the case, Maryland’s wrongful death statute creates an independent claim that is not derivative of the rights of the deceased.

The Facts of the Case

The plaintiff’s father was a resident in the defendant nursing home. Prior to being admitted to the nursing home, the resident was required to sign a pre-admission contract containing an arbitration agreement. The resident, however, was unable to sign the form due to his physical condition. The form was stamped “unable to sign,” and the plaintiff signed the form on his father’s behalf. Underneath his signature, the plaintiff wrote “son.”

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Earlier this month, an appellate court in Mississippi issued a written opinion in a personal injury case that illustrates an important point for those considering filing a Maryland medical malpractice case. The issue presented in the case was whether the plaintiff should have had an expert prepare an affidavit in support of her claim, as is required under that state’s law.

Nursing Home HallwayThe case is important to Maryland plaintiffs because Maryland law requires medical malpractice plaintiffs to obtain a similar affidavit from an expert in the field. As was the case here, a plaintiff’s failure to comply with this strict rule may result in the dismissal of an otherwise meritorious case.

The Facts of the Case

The plaintiff was the representative of a resident of the defendant nursing home who was admitted to the facility with a diagnosis of dementia. One day, a nurse checked on the resident, and all seemed to be fine. Then, just 20 minutes later, the same nurse returned, and the resident was sitting on the bathroom floor with a laceration on her head.

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Earlier this month, an appellate court in California issued a written opinion in a personal injury case presenting an interesting issue that often arises in Maryland nursing home abuse and neglect cases. The case required the court to determine if an arbitration agreement was valid when it was signed by a resident’s family member who possessed a valid power of attorney at the time the document was executed. Ultimately, the court concluded that the decision of whether to admit someone to a nursing home constitutes a “health care decision,” which was not a right conferred by the power of attorney document.

Signing a ContractThe Facts of the Case

The plaintiff was the surviving loved one of a woman who died shortly after leaving the care of the defendant nursing home. Prior to the resident’s admission, the resident had executed two relevant documents. The first, executed in 2006, was a health-care power of attorney executed in favor of the plaintiff. The second, executed in 2010, was a personal-care power of attorney executed in favor of the plaintiff as well as the resident’s sister.

After the second document was executed, the resident’s sister placed the resident in the defendant nursing home. Prior to admitting the resident, the resident’s sister executed a pre-admission contract that contained an arbitration clause whereby both parties agreed to submit any claim that arose between the two to binding arbitration rather than the court system.

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Earlier this month, a state appellate court issued a written opinion in a wrongful death case involving allegations that a nursing home failed to properly care for a resident. The focus of the court’s analysis was on the issue of an arbitration clause that was contained in a pre-admission contract signed by one of the resident’s daughters on the resident’s behalf. Ultimately, the court held that the arbitration clause should be enforced, resulting in the plaintiff being required to resolve the case through binding arbitration.

GavelThe Facts of the Case

The plaintiff was the daughter of a nursing home resident who died while in the care of the defendant nursing home. Before her death, the resident had fallen six times while a resident of the nursing home. Prior to the resident’s admission into the nursing home, one of the resident’s other daughters executed a pre-admission contract on her mother’s behalf. The contract stated that the parties agreed to submit any case arising out of the resident’s stay at the home to an arbitration panel, rather than resolving the case through the court system. Maryland nursing home residents often sign similar agreements.

At the time the contract was signed by the resident’s daughter, the daughter had power of attorney over her mother’s affairs. Specifically, the power of attorney document gave the daughter control over “all lawful health care decisions” of her mother.

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When someone is seeking admission into a Maryland nursing home, they will almost certainly be presented with a pre-admission contract. This contract goes over the rights and responsibilities of both the nursing home as well as the soon-to-be resident. In most nursing home pre-admission contracts, there is also an arbitration clause agreeing to forego the court system in lieu of arbitration in the event of a disagreement or lawsuit.

Signing a ContractArbitration clauses are generally enforced if they are entered into by the proper parties and are found to be within the constraints of the law. For example, some arbitration clauses have been invalidated because they are “buried” in the fine print of a lengthy contract with nothing indicating the significance of the rights the reader is giving up by signing the document.

Like all contracts, arbitration agreements must be validly entered into in order to be binding. This means that if a resident is found to have been incompetent, or is determined to have been forced to sign an agreement, the contract will not be enforced. A recent news article discusses a Kentucky case in which the court invalidated a nursing home arbitration contract because it was signed by the resident’s sister without the proper power of attorney.

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In most cases alleging Maryland nursing home abuse or neglect, if successful, the plaintiff will receive compensation for the injuries sustained by their loved one. This normally includes the costs of medical expenses, and it may also include an amount for the emotional pain and suffering their loved one endured as a result of the abuse or neglect. In some rare cases, punitive damages may also be appropriate.

CourtroomMost of the various types of damages available to a plaintiff in a Maryland personal injury case are focused on the plaintiff. However, the focus of punitive damages is on the especially egregious behavior of the defendant. Indeed, the purpose of punitive damages is to deter the very kind of behavior the defendant exhibited that led to the case being filed.

Punitive damages in Maryland are rare and require a showing of actual malice. This means that a plaintiff must show that the defendant possessed some kind of ill-will or spite. Thus, punitive damages are usually only appropriate when the defendant is found to have engaged in intentional wrongdoing, rather than merely negligent conduct. A recent case is an example of a situation in which punitive damages were found to be appropriate by a court.

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When a Maryland nursing home neglect lawsuit is filed, the case will proceed through several stages before it is ready to be heard. One of the most important pre-trial stages is the discovery stage, at which the parties request and exchange relevant information about the case.

ContractThe discovery stage presents an important opportunity for a plaintiff to develop their case, since this is often when the plaintiff receives information to which they may not otherwise have access. In most cases, a plaintiff will request any and all evidence that they believe is in the defendant’s control that will be potentially helpful to their case. Similarly, a plaintiff can request any evidence that may be harmful to their case so that they can be properly prepared to handle this evidence when it is presented.

In some cases, defendants may attempt to limit a plaintiff’s access to discoverable material by claiming that the evidence is covered under some privilege. In such situations, the parties will litigate pre-trial discovery motions in front of the court, which will have the ultimate decision regarding which evidence must be exchanged. A recent case involving wrongful death claims against a nursing home illustrates how a defendant nursing home may cite a privilege in an attempt to prevent a plaintiff’s access to certain evidence.

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One issue that often arises in Maryland nursing home cases is the effect of an arbitration agreement on a resident’s claim. In a recent case, one state’s appeals court considered whether an arbitration agreement was enforceable even though the resident passed away before the rescission period had passed.

ContractIn that case, an elderly woman had been a nursing home resident in a 24-hour nursing facility. After her death, the woman’s family filed a lawsuit against the nursing home facility, claiming elder abuse, negligence, wrongful death, and violations of the Patient’s Bill of Rights under state law. The nursing home argued that the case had to be resolved through arbitration because the resident had executed two arbitration agreements with the facility.

The arbitration agreements had language that was required by the state, which mandated that there be a 30-day “cooling off” period. During the cooling off period, either the nursing home or the resident could decide to rescind the agreement. The resident died 10 days after the woman signed the agreements, before the 30-day period had passed. The woman’s family argued that the agreements were not valid because the woman died before the expiration of the 30-day rescission period had ended.

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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 resolve the case because the other party cannot legally win the case based on the evidence presented.

StethoscopeA nursing home abuse or neglect plaintiff can overcome a defense motion for summary judgment by showing that there is some issue of material fact that should be resolved by a jury. However, if no issues of fact are present – and the only issues are legal in nature – the court will enter summary judgment in favor of the moving party. A recent case illustrates how one trial court applied the summary judgment standard incorrectly.

The Facts of the Case

The plaintiffs were the surviving family members of an elderly woman who died while in the care of the defendant nursing home. The resident was admitted to the nursing home in March 2012 after being discharged from the hospital. Upon admission, the resident suffered from severe pulmonary and kidney conditions. Initially, the resident showed signs of improvement; however, about two months after her admission, the resident’s health began to decline due to a septic infection. The resident died from complications relating to the infection a short time later.

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