Valuing Nursing home Cases
Average Nursing Home Settlements and Verdicts in Maryland
Nursing home cases are often the most egregious medical malpractice cases our lawyers see. Car accident and medical malpractice cases are typically about the negligence of otherwise well meaning people who made a simple mistake with awful consequences.
The facts of serious injury and wrongful death nursing home cases are often darker or even sinister: serious injury or death because vulnerable people are treated with indifference...or worse.
Jury verdicts reflect this. Nursing home lawsuits often end with huge verdicts. Juries can award punitive damage in Maryland in the vast majority of nursing home cases. (Because "actual malice" is required for punitive damage in Maryland - what we usually have in nursing home cases is a cold indifference). But juries are human. And they get mad. This leads to higher verdicts.
Are There Limits on How Much a Victim or Their Family Can Recovery?
Yet, the average settlement value of a nursing home case is less than your average medical malpractice case with the same injuries. Why? The reality is that there is a cap on noneconomic damages (pain and suffering for victim and/or the victim's family) in nursing home cases so that for injuries occurring after October 1, 2011, it is between $695,000 and 868,750 (depending on how many wrongful death beneficiaries there are).
So you may read about a $5 million nursing home verdict by a Maryland jury, but it is very unlikely the victims are actually collecting all of that money because pain and suffering damages are reduced in accordance with the cap.
|You can learn more about how insurance companies go about valuing malpractice and nursing home cases here.|
Unlike many viable medical malpractice claims, nursing home lawsuits usually lack economic damages because nursing home residents are rarely earning significant income.
So the most you can recover in most Maryland nursing home lawsuits is the noneconomic damages cap plus any medical bills that were causally related to treatment of the injuries. Often, nursing home patients did not get much medical treatment because proper medical treatment would have averted their deaths.
Maryland Nursing Home Settlements and Lawsuits
We have not seen any data on nursing home negligence cases in Maryland. Jury Verdict Research did a study that found that nursing home plaintiffs get a median award of $329,000. Nursing homes are not racing to the courthouse steps to try these cases: plaintiffs win at trial a stunning 63 percent of nursing home personal injury trials.
|The median nursing home verdict nationally is $329,000. Plaintiffs win 63% of nursing home suits|
Getting an Advocate to Fight for You
If someone you love has been hurt or killed in a nursing home, injuries of unknown origin, bed sores, a broken hip, or frequent falls, and you are suspicions of elder abuse or nursing home negligence, a personal injury lawsuit may be filed on their behalf.
If you believe that you or someone you love has suffered a serious injury as the result of nursing home abuse or nursing home neglect, call our nursing home attorneys at 800-553-8082 for a free Internet consultation to discuss a potential lawsuit. There are no fees or expenses unless a recovery is obtained.
Two Common Nursing Home Defendants in Maryland
One Big Problem in Nursing Homes
- Bed Sore Injuries in Nursing Homes (discussion of this common nursing home neglect lawsuit issue)
- Decubitus Ulcers and Deformities (background and Maryland law)
Nursing Home Lawsuits in Maryland: Samples and Explanation of Maryland Law
- Sample Nursing Home Complaint (sample wrongful death suit)
- Expert Report (sample certificate of merit and expert report defending Manor Care in a nursing home case)
- Sample Mediation Statement in a Nursing Home Case (example of mediation statement in nursing home lawsuit that reached a settlement)
- Plaintiff's Expert Report (expert report used by our nursing home lawyers in a lawsuit against Manor Care)
- Plaintiff's Request for Production of Documents (plaintiff's answers)
- CALL 410-553-6000 or get a free on line Maryland nursing home claim evaluation