Filing Requirements in Maryland Nursing Home Abuse and Neglect Cases

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 by a judge or jury.

One of the major procedural rules that courts require plaintiffs to follow is that a case must be filed within a certain amount of time, as outlined in the jurisdiction’s statute of limitations. If a plaintiff fails to file a case before the applicable statute of limitations expires, the court will be left with little choice but to dismiss the case, leaving the plaintiff with no avenue of recovery.

Over the past decade, states have begun to enact stricter requirements for many personal injury cases, especially medical malpractice cases and nursing home abuse and neglect cases. Indeed, according to a recent news article, West Virginia lawmakers have recently drafted and passed a bill that makes filing lawsuits against nursing homes much more difficult. Under the new law, the state’s statute of limitations was reduced from two years to one year. In addition, cases against nursing home facilities can only be filed in the county in which the nursing home is physically located.

Maryland’s Statute of Limitations in Nursing Home Abuse and Neglect Cases

In Maryland, the statute of limitations for most cases filed against a nursing home is three years from the date that the case “accrues.” In many cases, the date of accrual will be the most recent date that the abuse or neglect occurred. However, in some situations, the date of accrual will be later. For example, if a resident with dementia is abused, and the resident’s loved ones have no indication that the abuse has occurred, the date of accrual may be when the loved ones find out about the abuse. With that said, in such a situation, the nursing home would almost certainly argue that the date of accrual was earlier, potentially defeating the plaintiff’s claim.

Regardless, it is crucial that anyone suspecting a loved one has endured nursing home abuse or neglect speak with a dedicated personal injury attorney as soon as possible to ensure that their right to recovery is preserved.

Do You Suspect Nursing Home Abuse or Neglect?

If you have a loved one in a Maryland nursing home facility, and you believe that they may have experienced abuse or neglect at the hands of their caregivers, contact the Maryland personal injury law firm of Lebowitz & Mzhen Personal Injury Lawyers. The dedicated nursing home abuse attorneys at Lebowitz & Mzhen have extensive experience handling all types of cases against nursing homes in the Maryland, Virginia, and Washington, D.C. areas. Call 410-654-3600 today to schedule your free consultation. You will not be billed for our services unless we are able to help you obtain the compensation you and your loved one deserve.

More Blog Posts:

The Presence of Hidden Cameras in Nursing Homes Is Resulting in Increased Transparency, Maryland Nursing Home Lawyer Blog, published June 28, 2017.

Appellate Court Upholds Nursing Home Arbitration Clause Despite Flaws in the Contractual Language, Maryland Nursing Home Lawyer Blog, published June 7, 2017.

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