Wrongful Death in Maryland Nursing Homes: What Families Need to Know

When a family places their loved one in a nursing home, they trust that the home will provide proper care. While many nursing homes deliver excellent care, others fall far short of the mark. Sadly, their failures can sometimes lead to a loved one’s death. 

While nothing can replace the loss of a beloved spouse, friend, or relative, Maryland law provides a remedy when a nursing home’s actions cause a resident’s death. The wrongful death doctrine helps families recover some of what they lost due to the nursing home’s inattentive or nonchalant care.  

This article explains how wrongful death claims against nursing homes work in Maryland. It also discusses how to distinguish between wrongful death and death by natural causes. Finally, it explains how a Laurel nursing home neglect lawyer can help. 

What is Wrongful Death in Maryland? 

In Maryland, a person can bring a wrongful death lawsuit when one person’s negligent actions cause the death of another. 

To prove negligence in a wrongful death action against a nursing home, the surviving family members must prove that your loved one died and that: 

• The nursing home had a duty to care for your loved one,
• The nursing home, through its actions or inactions, did not fulfill its duty to care for your loved one, and 
• The nursing home’s failure to fulfill its duty was a direct cause of your loved one’s death

If the deceased left a surviving spouse, child, or parent, the suit must be filed by one of them. If the deceased was unmarried and had no living children or parents, any person related to the deceased by blood or marriage may bring the claim. 

Common Causes of Wrongful Death in Nursing Homes

Nursing homes have a duty to care for their residents. Here’s how some common nursing home injuries might be tied to nursing home negligence. 

• Falls and Fractures

An older adult’s fall can cause hip fractures, brain injuries, and other critical injuries. Falls can be caused by improper maintenance and poor sanitation, which can create unsafe floors when staff aren’t available to help residents move from place to place or when the home lacks safety equipment such as bed and tub rails. 

• Infections 

In older populations, infections – even minor ones like urinary tract infections – can progress rapidly and lead to serious conditions such as sepsis. Homes should promptly treat open wounds, such as bedsores, that could easily become infected. 

Also, diseases can spread quickly in a community living situation, such as a nursing home. As such, nursing home managers have an obligation to promote proper hygiene and cleanliness protocols throughout the facility. 

• Poor supervision

Many nursing homes have residents with conditions such as dementia or Alzheimer’s. It is the facility’s duty to prevent these residents from wandering into unsafe areas. The same rules apply to residents who suffer from mental health issues that may cause them to self-harm. 

• Other factors

In addition to the three major factors above, families should also be aware of factors such as: 

• Malnutrition 
• Dehydration 
• Choking or aspiration
• Failing to provide the correct medication in the correct dose at the correct time
• Failing to provide timely, appropriate medical care 

Is it Negligence or Natural Causes?

When a loved one dies while in a nursing home’s care, it can be difficult to know whether the death was caused by nursing home negligence or natural causes. Here are some factors that friends and family can consider.

Natural causes. Most illnesses follow an expected progression. So, a condition that proceeds gradually along a predictable path is a sign of natural death. 

Medical records can also hold clues. Documents that clearly list all treatments and show that proper medical care was given in a timely fashion usually indicate proper care. Additionally, it’s a good sign if the records match up with the conversations you had with the medical team. 

Wrongful death. Although illnesses can be complicated, some circumstances should serve as a warning that negligence may be to blame. Factors to consider include: 

• A condition that gets surprisingly worse unexpectedly fast
• A pattern of “minor” conditions, such as bedsores or cuts being left untreated 
• New and unexplained injuries such as bruises or fractures 
• Medical records that appear to be incomplete or that contradict statements by medical staff. 
• A history of complaints or safety violations at the nursing home. (The state Department of Health keeps these records.)

Bottom line. If you or your loved ones are suspicious about the causes of your loved one’s death, request an autopsy. You may also want to contact a Laurel wrongful death attorney about your concerns. 

Get Help with Nursing Home Negligence and Wrongful Death in Maryland

We want our loved ones to live out their final years in peace and safety. When a nursing home deprives your loved one of that peace, you have rights. To protect these rights, you may have to collect evidence, meet legal deadlines, negotiate with insurers, and, if necessary, go to trial. A Laurel nursing home neglect lawyer can help you with all of these things. If you need a lawyer to represent your family after a nursing home death, contact the Law Offices of Thomas E. Pyles. Our Laurel, Leonardtown, and Waldorf nursing home neglect attorneys and wrongful death lawyers will do our very best – and more – to fight for your family. Use our online contact form or call 301-705-5006 today to schedule a free consultation.