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.
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 healthcare providers, usually the nursing home staff, medical director or administrator, was negligent. That is, the injured party must prove that the healthcare 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 healthcare provider (an expert) who practices in the same or a similar area of medicine or nursing as the potentially offending healthcare 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 healthcare 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 healthcare provider (again, an expert) who practices in the same or a similar area of medicine or nursing as the offending healthcare provider. The Certificate of Qualified Expert must set forth the opinion that one or more healthcare 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 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 where 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. The attorneys at Futrovsky, Forster & Scherr, Chartered have these resources and this knowledge. Please contact Futrovsky, Forster & Scherr, Chartered for a consultation today.
Holding Washington, D.C., Nursing Homes And Long-Term Care Facilities Accountable For Harm
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 healthcare providers, usually the nursing home staff, medical director or administrator, was negligent. That is, the injured party must prove that the healthcare 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 healthcare provider (an expert) who practices in the same or a similar area of medicine or nursing as the potentially offending healthcare 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 healthcare provider in a court of law, the claiming party is required to place the offending healthcare provider on notice of the claiming party’s intention to file a lawsuit. Only after 90 days has 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 who have the resources and knowledge to obtain a just result. The attorneys at Futrovsky, Forster & Scherr, Chartered have these resources and this knowledge. Please contact Futrovsky, Forster & Scherr, Chartered for a consultation today.
Examples Of Cases We Handle
Some examples of nursing home negligence, assisted living facility negligence and long term care negligence cases handled by Futrovsky, Forster & Scherr, Chartered include the following:
- Falls in nursing homes, assisted living facilities, and long term care facilities
- Failure to diagnose injury after falls in nursing homes, assisted living facilities, and long term care facilities
- Decubitus ulcers (pressure sores) in nursing homes, assisted living facilities, and long term care facilities
- Nutritional deprivation in nursing homes, assisted living facilities and long term care facilities
- Resident elopement (leaving) nursing homes, assisted living facilities and long term care facilities due to lack of supervision
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.