Earlier this month, a Kentucky judge ordered a nursing home to pay the estate of one of the home’s prior residents $18 million after it was determined that the home was responsible for the wrongful death of the resident. According to one local news report, the woman spent the five years prior to her death in the nursing facility, but towards the end of her life she suffered greatly due to a lack of care.
Evidently, the deceased resident was allegedly forced to remain in soiled briefs for extended periods of time before a nursing home employee attended to her needs and changed her. The plaintiffs in the lawsuit claim that there was evidence this was the policy of the nursing facility in order to save on the costs of the one-time-use briefs.
It is also alleged that the woman developed severe bed sores, resulting in her nerve endings becoming exposed. Ultimately, she did develop a number of serious infections, including E. coli. She also had developed severe skin rashes and lost the use of her arms and legs while in the facility.
After an eight-day trial, the estate of the deceased nursing home resident was found to be responsible for the woman’s wrongful death, and her estate was awarded $18 million as compensation. The nursing home declined comment when reporters reached out to them.
Nursing Home Lawsuits in Maryland
While this case took place in Kentucky, the same laws that protect nursing home residents apply here in Maryland. In fact, any time a Maryland nursing home resident is seriously injured due to a lapse in care or harmed by the abusive conduct of a nursing home employee, there may be a case for financial damages.
Proving a case against a nursing home can be difficult, depending on the surrounding circumstances. In many cases, direct evidence of negligence or abuse is not available, and the case must proceed on circumstantial evidence alone. However, in instances when there is a witness who observed the abuse or neglect, or when there is video footage documenting the allegations, such evidence will likely be admitted at trial.
Even with such evidence, a case is not certain to result in a finding of liability. This is because it must be shown that the nursing home’s conduct was the cause of the injury or death. Often, nursing homes will try and claim that there were other factors, such as naturally declining health, that were the actual cause of the resident’s injuries. Call a dedicated Maryland nursing home attorney if you have questions or to learn more about nursing home neglect and abuse in Maryland.
Has Your Loved One Suffered in a Maryland Nursing Home?
If you have a loved one who has suffered unnecessarily in a Maryland nursing home, you may be entitled to financial compensation through a nursing home negligence lawsuit. The skilled attorneys at the Maryland personal injury law firm of Lebowitz & Mzhen Personal Injury Lawyers, have decades of experience bringing cases against negligent and abusive nursing home employees. With their ample experience in this area of law, you will feel comfortable putting your case in their hands. Call 410-654-3600 to schedule a free consultation today.
See More Blog Posts:
Nursing Home Pays $1.4 Million to Settle Lawsuit, Maryland Nursing Home Lawyer Blog, published June 16, 2015.
Maryland Family Claims Nursing Home Was Negligent, Resulting in Loved One’s Early Death, Maryland Nursing Home Lawyer Blog, published July 6, 2015.