Earlier this month, the family of an elderly nursing home resident filed suit against the home in which their loved one was staying for the abuses she allegedly suffered while staying at the nursing home. According to one local news report, the lawsuit alleges that the nursing home represented to the woman’s family that they would be able to provide the 86-year-old dementia patient with adequate care, all while knowing that the budgetary constraints of the nursing home at the time made providing such care impossible.
The plaintiffs named the nursing home, its administration, and some 20 other staff members as individuals in the lawsuit. The claims range in seriousness, but they include sexual abuse, preventable infections, unnecessary hospitalization, and hiked-up medical fees. What makes this lawsuit different from the many others that are filed against nursing homes is that this suit alleges that there was fraud on the part of the nursing home. The woman’s familial representative is seeking both compensatory and punitive damages for medical expenses, pain and suffering, and legal fees.
Punitive Damages in Maryland Nursing Home Cases
There are several different types of damages in Maryland personal injury cases. For example, compensatory damages are awarded to “compensate” the plaintiff for what they missed out on, or the expenses they had to incur, as a result of the defendant’s negligent conduct. Things such as medical expenses fit into this category.
Another category of damages is future damages, and these provide the plaintiff with financial compensation for future costs or the loss of future earnings or profits. For example, if a personal injury case leaves an able-bodied person of working age unable to go back to work, that person may be eligible for damages to compensate them for their decrease in earning potential.
Finally, there are punitive damages, which are designed to punish the especially egregious behavior of a defendant. In cases where there is reprehensible behavior, such as abuse by trusted parties, preying on the elderly, or misrepresentation, punitive damages may be appropriate. Generally, punitive damages are rare, but they are appropriate under some factual scenarios. To learn more about the different kinds of damages available in Maryland nursing home negligence cases, and personal injury cases in general, contact a dedicated Maryland injury attorney.
Do You Have a Loved One in a Maryland Nursing Home?
If you have a loved one in a Maryland nursing home, and you are concerned that they are not getting the attention or treatment that they need, you may be entitled to monetary damages based on the home’s negligence. If abuse of your loved one is involved, be sure to contact the appropriate authorities immediately, and once you are ensured of your loved one’s safety contact an attorney. The only way to hold negligent or abusive nursing home employees responsible is to take legal action. Call 410-654-3600 to set up a free consultation with a dedicated Maryland nursing home negligence attorney.
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.