Sample Negligence Complaint

Below is a sample civil complaint for negligence which should give you a good idea of how to draft your own lawsuit alleging negligence.  This case also involved wrongful death and a survival action so you can see how that language is drafted as well.

When drafting a complaint, the biggest thing is to make sure you allege all of the elements of your cause of action.  In a negligence case, you want to allege duty, breach, causation, and damages.

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IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND

JOHN RUNDLETT, INC – Plaintiff
v
DONALD POSNER – Defendant

CASE NO. 24-C-02-00380

Sample Civil Complaint for Negligence

STATEMENT OF CLAIM

Now comes Kathleen Parks, Gary Parks, and Jodi Columbo individually, and as Personal Representative for the Estate of Kenneth Parks, claimants herein, by their attorneys, Miller & Zois, LLC, and file this claim against the above-named defendant and in support states as follows:

FACTS

1. Gary Parks is a resident of the State of North Carolina and is the surviving son of the late Kenneth Parks.
2. Jodi Columbo is the surviving daughter of the late Kenneth Parks and is the Personal Representative of the Estate of Kenneth Parks and resides in the State of Maryland.
3. Kathleen Parks is the surviving spouse of the late Kenneth Parks and resides in the State of Maryland.
4. Kenneth Parks died on June 4, 2023, at Washington Hospital Center, now known as Meritus Medical Center, Inc., in Washington County, Maryland.
5. That at all times herein Washington Hospital Center, now known as Meritus Medical Center, Inc. was and still is a viable Maryland Corporation with its principal place of business located at 251 East Antietam Street, Hagerstown MD.
6. Under Maryland Rule 15-1001, all persons who are entitled to bring a wrongful death action under applicable Maryland laws are named as claimants in this complaint and are being represented by Miller & Zois, LLC.
7. This action is being brought under both the Maryland Wrongful Death Statute and the Maryland Statutes governing actions involving medical malpractice.
8. Defendant Meritus Medical Center, Inc. (previously known as Washington Hospital Center) is a Maryland corporation providing medical services to the citizens of Maryland, including the Kenneth Parks, with its principal place of business located at 251 East Antietam Street, Hagerstown Maryland.
9. At all times relevant herein Defendant owned and operated a Hospital located at 251 East Antietam Street, Hagerstown, Maryland.
10. The late Kenneth Parks was a patient at the Defendant’s hospital at 251 East Antietam Street, Hagerstown Maryland, and received medical care and treatment at the Defendant’s hospital from approximately March 23, 2020, up to the time of his death on June 4, 2010.
11. At all times relevant, Defendant employed various medical providers, nurses, and medical staff, at its Hospital located at 251 East Antietam Street, Hagerstown, Maryland including but not limited to Mohamed Malik, M.D., and Ronnie Schmidt, R.N., and these employees/servants/agents were acting within the scope of their employment with Defendant when they rendered medical care to the late Kenneth Parks. They failed to follow the applicable standard of medical care during their care and treatment of the late Kenneth Parks, at 251 East Antietam Street, Hagerstown, Maryland which proximately resulted in a physical injury to the late Kenneth Parks and proximately caused his death.
12. The amount of this claim exceeds the jurisdictional limit of the District Court of Maryland and the appropriate venue for this claim is Washington County Circuit Court, Maryland because the medical care provided to the late Kenneth Parks by the Defendant and its agents and employees occurred in Washington County, Maryland and the wrongful death of the late Kenneth Parks occurred in Washington County Maryland..
13. The acts of medical malpractice leading to the death of Kenneth Park occurred on or about March 24, 2020, and thereafter, in the State of Maryland.
14. The standard of medical care applicable to Defendant for the medical care and treatment it provided to the late Kenneth Parks (also referred to herein as the “patient”) while he was an inpatient at Defendant’s hospital included: 1) order a one to one sitter, 2) order a posey restraint, and 3) request that a physician order a prescription for a one to one sitter after informing the patient’s family that a sitter would be provided for the patient.
15. The Defendant, by and through its nurses, employees, and medical staff, breached the standard of applicable medical care owed to Kenneth Parks by: 1) failing to order a one-to-one sitter for the patient, 2) failing to provide a posy restraint for the patient, 3) failing to request that a physician write a prescription for a one to one sitter after informing the patient’s family that a sitter would be provided for the patient. That attached hereto and incorporated by reference herein are the Plaintiffs’ Certificate of Qualified Expert (Exhibit 1) and Plaintiffs’ Expert Report (Exhibit 2).
16. As a direct and proximate result of Defendant’s failure to provide the proper medical care mentioned in paragraph number 14 above, and by breaching the applicable standard of medical care owed to the late Kenneth Parks, by and through its employees/servants, the late Kenneth Parks fell in the defendant’s hospital, suffered a physical injury, which in turn was the proximate cause of his death.
17. All of the injuries, damages, and death sustained by the late Kenneth Parks resulted from the negligent actions and breaches of the applicable standards of medical care by Defendant by and through its employees and agents, without any act or omission on the part of the late Kenneth Parks, or on the part of any of the Plaintiffs herein, directly thereunto contributing.
18. The late Kenneth Parks, and all of the Plaintiffs herein, did not assume the risk of Kenneth Parks’ injuries and death.
19. As a direct and proximate result of the negligent actions and breaches of the applicable standards of medical care by Defendant, Kenneth Parks suffered physical injuries, conscious pain and suffering, and other damages.

COUNT I: Medical Malpractice/Wrongful Death

21. 21. The Plaintiffs re-allege and incorporate by reference herein all of the allegations contained in paragraphs 1-19 above.
    22. On or about March 24, 2023, and thereafter, the Defendants by and through their employees/servants/agents breached the applicable standard of medical care owed to the late Kenneth Parks, which directly caused a physical injury and death of Kenneth Parks on June 4, 2023.
    23. As a direct result of the negligence and breaches of the applicable standard of medical care by the Defendant, by and through its nurses, employees, and medical staff, resulting in the death of the late Kenneth Parks, the Plaintiffs sustained those damages as outlined in the Annotated Code of Maryland, Courts and Judicial Proceedings Article, Section 3-904, to include but not limited to, mental anguish, emotional pain and suffering, and loss of companionship.

WHEREFORE: The Plaintiffs Kathleen Parks, Gary Parks, and Jodi Columbo individually, claim monetary damages against the Defendant in an amount that exceeds the jurisdiction of the District Court of Maryland, to be determined at trial, plus costs, and for any further relief that this Honorable Court determines necessary and appropriate.

COUNT II Medical Malpractice / Negligence / Survival Action

The Plaintiffs re-allege and incorporate by reference herein all of the allegations contained in paragraphs 1-23 above.

24. 24. The Estate of Kenneth Parks was opened on or about June 29, 2020, in Washington County, Maryland and Jodi Columbo was appointed as Personal Representative of the Estate.
    25. Jodi Columbo as the Personal Representative of the Estate of Kenneth Parks brings this claim for the conscious pain and suffering and physical injuries, medical expenses, and other damages that the late Kenneth Parks experienced from March 26, 2020, up until the time of his death on June 4, 2020, as a direct and proximate result of the negligence and breaches of the applicable standard of medical care by the Defendant, by and through its nurses, employees, and medical staff.

WHEREFORE: Plaintiff Jodi Columbo, as Personal representative of the Estate of Kenneth Parks claims monetary damages against the Defendant in an amount that exceeds the jurisdiction of the District Court of Maryland, to be determined at trial, plus costs, and for any further relief that this Honorable Court determines necessary and appropriate.

Respectfully submitted,
Miller & Zois, LLC

Respectfully submitted,

Miller & Zois, LLC
Ronald V. Miller, Jr.
1 South St, #2450
Baltimore, MD 21202
(410)779-4600
(410)760-8922 (fax)

How to Draft a Civil Complaint for Negligence

Here are a few thoughts on how to write a negligence complaint, providing more detail and commentary for each component:

Introduction

Begin your complaint by creating a compelling introduction that provides essential context for the legal action. This section should include:

• The caption lists the names of the plaintiffs and defendants,  court jurisdiction, venue, and case number. This is the formal header of your complaint. Take a look at a few other complaints filed in your jurisdiction just to pick up on how others do it stylistically, but a case caption is pretty easy.
• A clear and concise statement of the complaint’s purpose, which is to seek legal remedy for negligence. We are against all of the hereby and heretofore legal jargain stuff but to each her own. (This is hypocritical, by the way.  We have many unnecessary legalese in our negligence complaint sample above.)

Factual Allegations

Tell a detailed and chronological story of the events leading up to the incident in question. This narrative should:

• Paint a general picture for the court and opposing parties to understand the context and circumstances surrounding the negligence claim.
• Include critical specifics like specific dates, times, locations, and the identities of all parties involved.
• Emphasize the nature of the relationship between the plaintiff and the defendant, highlighting the duty of care that the defendant owed to the plaintiff.
• You can save the drama. The reader is not the jury.  Just state your case and give the reader a flavor of what it is really all about. But if you want to go all in, there is generally little harm in doing that.

Elements of Negligence

Clearly outline the four elements of negligence that you intend to prove:

• Duty: Explain the duty of care that the defendant owed to the plaintiff, based on the specific circumstances of the case. Comment on why this duty was significant and how it was breached.
• Breach: Provide a detailed account of how the defendant breached their duty of care through specific actions or omissions. Comment on why these actions or omissions constituted a breach.  Reference any relevant statutes, regulations, or industry standards that establish the standard of care expected from the defendant. Comment on how the defendant deviated from these standards.
• Causation: Establish the causal link between the defendant’s breach of duty and the plaintiff’s injuries or damages. Explain why the defendant’s actions directly led to the harm suffered by the plaintiff. Avoid a motion to dismiss by clearly explaining the causal connection between the defendant’s breach of duty and the harm suffered by the plaintiff. Differentiate between actual cause (cause-in-fact) and proximate cause (legal cause). Comment on the direct link between the defendant’s actions and the plaintiff’s injuries.
• Damages: Describe the injuries, losses, or damages experienced by the plaintiff as a direct result of the defendant’s negligence. Specify the types of damages sought, such as medical expenses, lost wages, pain and suffering, and any other relevant losses. Comment on the significance of these damages.

Concluding Statements

Summarize the plaintiff’s claim for relief, emphasizing that the defendant’s negligence directly led to harm. State the specific remedies or relief sought, such as compensatory damages, punitive damages, or injunctive relief. Comment on the justice sought through these remedies.

Prayer for Relief

include a “prayer for relief” section that formally requests the court to grant the requested remedies. Specify the amount of monetary damages sought and any other forms of relief, such as restraining orders or injunctions. Find out if your jurisdiction allows or requires a specific damage amount.

Ask for a Jury If You Want One

This is one you really do not want to screw up because it can be irreversible.

Signature and Verification

Sign the complaint and verify it under oath or penalty of perjury, depending on your jurisdiction’s requirements. Attach any supporting documents, such as incident reports, medical records, or photographs, as exhibits to substantiate your claims. Comment on how these exhibits strengthen your case and provide additional evidence.

Related Information

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