All too often, nursing home residents in Maryland are injured due to unexpected
falls. These accidents may not seem like a significant problem, but the
reality is that senior citizens often experience serious harm because
of their fragile health. If someone close to you has been hurt after a
fall in a nursing home, you may be able to take legal action. At Wais,
Vogelstein, Forman & Offutt, our knowledgeable injury lawyers can
protect the rights of Baltimore residents harmed by careless conduct at
licensed care facilities. We can review the facts of your case and come
up with a legal strategy to seek the compensation you deserve.
Pursuing Compensation from Negligent Nursing Homes
The Centers for Disease Control (CDC) reports that falls among nursing
home residents occur frequently. According to the CDC, approximately 1,800
Americans die each year from these types of accidents. Those who survive
often sustain serious injuries that result in long-term or even permanent
Falls are frequently preventable. Nursing homes have an obligation to develop
and follow plans of care for residents based on their needs. For example,
a person with poor eyesight or unsteady balance may be more likely to
fall. In such an instance, the nursing home needs to take that condition
into account and take steps accordingly. If the facility fails to develop
a reasonable plan for the care of residents, it may be liable for resulting injuries.
Lawsuits against nursing homes are rooted in the theory of negligence,
which is the failure to use the level of care that would be appropriate
in a certain situation. When a facility fails to follow the customary
and accepted standard of care that the ordinary facility would use in
a similar situation, it may be liable for any resulting harm. Nursing
home negligence is usually categorized in one of three ways: abuse, neglect, or
medical malpractice. Nursing home falls typically are placed in the category of neglect.
It is important to note that nursing home negligence claims must be filed
within a certain time period, known as the statute of limitations. Under
Maryland law, a nursing home negligence lawsuit must be filed within three
years from when the harm was discovered, or from when it reasonably should
have been discovered.
Individuals who have been injured in a nursing home fall may be entitled
to compensation for their harm if they can draw a direct causal link from
the conduct that fell below the standard of care to their injuries. The
amount of compensation that a victim may receive is contingent on the
nature and severity of the specific accident. Typically, however, people
who are hurt because of nursing home negligence can pursue damages for
medical expenses, rehabilitation costs, pain and suffering, physical therapy,
and any other economic or non-economic forms of harm arising from their injuries.
Contact a Prince George’s County Lawyer to Discuss Your Accident Claim
Choosing a qualified attorney is an important decision and can make all
the difference in your case. At Wais, Vogelstein, Forman & Offutt,
our attorneys can guide individuals in Prince George’s County and
wrongful death claims or other lawsuits arising from nursing home negligence. We proudly
serve individuals and families throughout Maryland. For more information,
contact us online or call us at (410) 567-0800.