Wrongful Death Claims Following a Maryland Nursing Home Death

In the event of the death of a resident at a Maryland nursing home, the resident’s family may be able to recover compensation through a Maryland wrongful death lawsuit.  However, determining fault in a nursing home abuse or neglect case is not always straightforward, and the assistance of a skilled personal injury lawyer can be an invaluable asset to families who are unfamiliar with the process.

Maryland’s Wrongful Death Act allows family members to file a civil claim against parties at fault for the decedent’s untimely death. A wrongful death claim is intended to compensate family members that have suffered a loss due to the loss of the decedent. It also permits the decedent’s family to hold wrongful actors responsible in the same way that the decedent could have if the decedent had lived.

A wrongful death claim is often filed by a spouse, parent, or child of the decedent. Such plaintiffs are considered “primary” plaintiffs under the Act. Only a primary plaintiff can file a wrongful death claim, if one exists. If the decedent does not have a living spouse, parent, or child, the claim can be filed by a “secondary” plaintiff. A secondary plaintiff is another individual who was related to the decedent by blood or by marriage and who was substantially dependent upon the decedent.

Lawsuit Alleges Doctor Brought Virus to Facility After Failing to Report COVID-19 Symptoms

According to one news source, a lawsuit was filed on behalf of a nursing facility claiming that a doctor was responsible for a COVID-19 outbreak at the facility. The lawsuit alleges that a doctor had symptoms of COVID-19 and was concerned she may have had the virus. The doctor informed her manager. However, her employer, who contracted with the facility to provide doctors for residents, allegedly told her to go to work.

The lawsuit alleges that the doctor did not inform anyone at the nursing facility and that she signed a form saying that she did not have any symptoms or concerns. In addition, the lawsuit claims that the doctor went to work at the facility even after she tested positive for the virus weeks later. Since the beginning of the pandemic, nine patients have died at the facility, and 52 patients and 47 employees have contracted the virus. The lawsuit alleges that the doctor and her employer were to blame for the facility’s outbreak, in part because the employer negligently supervised its employees.

Get in Touch with a Maryland Nursing Home Attorney

If you have reason to believe that a nursing home is at fault for the death of your loved one, do not delay in getting in touch with a Maryland nursing home abuse and neglect attorney. The wrongful death attorneys at Lebowitz & Mzhen, Personal Injury Lawyers, represent nursing home residents and their families throughout Maryland, Virginia and Washington, D.C. Our attorneys have successfully represented victims for over two decades. Contact our personal injury lawyers today for a free, no-obligation consultation, by calling toll-free at (800) 654-1949, or contacting us online.

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