When Nursing Home Negligence Leads To Injury Or Death

While selecting a long-term care facility for your family member, you no doubt looked carefully for signs of quality and dependability. But now your spouse, parent or beloved aunt or uncle has suffered harm – and, possibly, a premature death – in a nursing home or assisted living facility. You suspect that negligence was the cause. You want answers to prevent further injuries to others, and your family needs compensation for expenses and emotional pain that have resulted from the nursing home neglect case.

Nursing home, assisted living and long-term care negligence cases can be complex and expensive. The person who was injured or their family members will need the guidance of experienced trial attorneys who have the resources and knowledge to prepare a compelling claim or lawsuit. At Futrovsky, Forster & Scherr, Chtd., in Washington, D.C., our attorneys review and bring claims for wrongdoing and injuries occurring in nursing homes, assisted living facilities and other long-term care facilities.

Examples Of Cases We Handle

Our lawyers at Futrovsky, Forster & Scherr, Chtd., are well-equipped to evaluate and develop your case involving the following in a nursing home, assisted living facility, rehabilitation center or any other long-term care facility:

• Falls
• Failure to diagnose and treat injuries after falls
• Medication errors and other medical malpractice resulting in harm to residents
• Decubitus ulcers (pressure sores, also known as bedsores) and skin tears
• Dehydration or nutritional deprivation
• Burns caused by scalding bath water or other sources of dangerous heat
• Resident elopement (wandering or leaving) due to lack of supervision

In order to prevail in a nursing home, assisted living or long-term care negligence case, an injured party is required to prove that one or more health care providers – usually the nursing home staff, medical director or administrator – were negligent. That is, the injured party must prove that the health care providers breached the applicable standard of care.

We often discover that causation factors included understaffing, insufficient screening or training of caregivers, poor communications between care teams and other acts or omissions reflecting negligence or abuse.

Achieving Success In A Maryland Nursing Home Negligence Or Long-Term Care Lawsuit

In order to prevail in a nursing home, assisted living or long-term care negligence case, an injured party is required to prove that one or more health care providers – usually the nursing home staff, medical director or administrator – were negligent. That is, the injured party must prove that the health care providers breached the applicable standard of care in rendering treatment or otherwise providing care to the facility’s resident and that the resident suffered injury or death as a result of that breach. In order to establish the applicable standard of care, the injured resident is typically required to engage a health care provider (an expert) who practices in the same or a similar area of medicine or nursing as the potentially offending health care provider. Although some cases resolve without the need for filing a lawsuit, frequently, the filing of a lawsuit is necessary in order to effectuate a just result for the victim or the family of a victim of nursing home, assisted living or long-term care negligence.

In the state of Maryland, before filing a lawsuit against a health care provider in a court of law, the claiming party is required to file a statement of claim with an administrative agency called the Health Claims Alternative Dispute Resolution Office (HCADRO), which is located in Baltimore, Maryland. In the HCADRO, the claiming party must also file a certificate of qualified expert and the report of a health care provider (again, an expert) who practices in the same or a similar area of medicine or nursing as the offending health care provider. The certificate of qualified expert must set forth the opinion that one or more health care providers breached the applicable standard of care and that the claiming party suffered injury as a result of that breach. The report must set forth the basis for these opinions. After the certificate of qualified expert and report are filed, the claiming party may pursue arbitration before the HCADRO or have the case transferred to the appropriate court of law, usually a county circuit court or the United States District Court for the District of Maryland. Should the case be transferred to a court, it is in this court that the case will ultimately go to trial.

Nursing home, assisted living and long-term care negligence cases are complex and expensive, and an injured party requires experienced attorneys who have the resources and knowledge to obtain a just result.

Holding Washington, D.C., Nursing Homes And Long-Term Care Facilities Accountable For Harm

In Washington, D.C., to prevail in a nursing home, assisted living or long-term care negligence case, an injured party is required to prove that one or more health care providers – usually the nursing home staff, medical director or administrator – were negligent. That is, the injured party must prove that the health care providers breached the applicable standard of care in rendering treatment or otherwise providing care to the facility’s resident, and that the resident suffered injury or death as a result of that breach. In order to establish the applicable standard of care, the injured resident is typically required to engage a health care provider (an expert) who practices in the same or a similar area of medicine or nursing as the potentially offending health care provider. Although some cases resolve without the need for filing a lawsuit, frequently, the filing of a lawsuit is necessary in order to effectuate a just result for the victim or the family of a victim of nursing home, assisted living or long-term care negligence.

In the District of Columbia, before filing a lawsuit against a health care provider in a court of law, the claiming party is required to place the offending health care provider on notice of the claiming party’s intention to file a lawsuit. Only after 90 days have passed may a lawsuit be filed in a court of law, typically the Superior Court of the District of Columbia or the United States District Court for the District of Columbia. It is in this court where the case will ultimately go to trial.

Nursing home and long-term care negligence cases are complex and expensive, and an injured party requires experienced attorneys with the resources and knowledge to obtain a just result. Our lawyers at Futrovsky, Forster & Scherr, Chartered, have these resources and this knowledge.

After An Injury Or Suspicious Death In A Nursing Home Or Other Long-Term Care Facility, Request A Free Case Review

Are you unsure about whether nursing home neglect or other negligence was a factor in your loved one’s medical condition downturn or untimely death while they were in residence in a nursing home or other long-term care facility? Schedule a meeting with a plaintiff’s attorney at Futrovsky, Forster & Scherr, Chartered, with no obligation

Call 301-251-8500 or send an email message to start the conversation.