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 or elderly before their death does not absolve the nursing home of all responsibility.
The purpose of a wrongful death claim is to compensate family members for the loss of their family member’s life due to the wrongful act of another person. Originally, under Maryland law, a person’s dependents were not entitled to bring a wrongful death claim. However, in 1852, Maryland enacted the Wrongful Death Act. In Maryland, a wrongful death claim can be made “against a person whose wrongful act causes the death of another.” Normally, the claim must be made within three years of the family member’s death.
Claim Against Nursing Home for Failure to Resuscitate
One family recently brought a lawsuit against a nursing home after a mother died in the nursing home’s care, according to one news source. The family alleges that the nursing home’s staff failed to attempt to revive their mother after she was found “lifeless.”