Nursing Home Fall Wrongful Death Lawsuit

Dicus v. Glen Burnie Health & Rehabilitation Center

This is a wrongful death nursing home negligence case filed on behalf of a decedent who passed away as the result of a fall. This case was filed in Health Claims Arbitration on August 3, 2016. It is the 384th medical malpractice case filed in 2016 in Maryland.

Summary of Plaintiff's Allegations

The decedent is admitted to Glen Burnie Health & Rehabilitation Center as "very unsteady" and with poor balance. Defendant nurse notes that the man has multiple bruises and red marks, and considers him a fall precaution.

While he is in a wheelchair that is locked, he attempts to get up after defendant nurse left him. While attempting to get up, he falls and hits his head against the floor, causing him to become unresponsive. He is transported to University of Maryland Medical Center where he ultimately passes away due to the injuries from his fall.

His estate brings a claim on his behalf, alleging that the failure to supervise the decedent led to his death.

Additional Comments
  • Plaintiff's Complaint alleges breaches of the standard of care. The family's expert report is from a pathologist who will argue that the fall caused the patient's death. So the wrongful death causation (and the survival action on pain and suffering) seem solid. The report does not mention any breaches in the standard of care (and a pathologist could not speak to them anyway). It would be interesting to see what an expert is going to say with respect to the standard of care.
  • Was it reasonable for the nurse to leave this man alone? Did the patient have any mental defects that would have led him to believe he could walk or that a reasonable nurse would expect he would get up without asking for assistance? How long was the patient left alone? Did the facility take all reasonable precaution to protect this man? It is a tough case on liability if there are not strong facts to back up it up.
  • An average sized nursing home in Maryland - around 100 beds - will report between 100 and 200 falls a year.
Jurisdiction
  • U.S. District Court for District of Maryland
Defendants Hospitals Where Patient aas Treated Negligence
  • Nursing HomeFailure to properly assess and provide adequate fall protection
  • Failure to provide the physician ordered chair alarm to assure the patient's safety
  • Failure to identify actual or potential risks to the patient's health and safety
  • Relying on the patient's ability to call out for assistance when needed to prevent injury
  • Failure to communicate with the patient's physician after his exhibition of unsafe behavior in order to obtain more effective protective safety measures
Specific Counts Pled
  • Medical Malpractice
  • Negligence/Survival Action
  • Negligence/Wrongful Death
Plaintiff's Experts and Areas of Specialty
  • Jonathan L. Arden, M.D. - certified in anatomic and forensic pathology by the American Board of Pathology; President of Arden Forensics
Getting a Lawyer for Your Malpractice Claim

If you have suffered as a result of the negligence of the staff in a nursing home, Miller & Zois can help you get the justice and monetary compensation that you deserve. Our nursing home and malpractice lawyers have a very long history of achieving results in medical malpractice and nursing home cases in Maryland, earning large verdicts and settlements. Call Miller & Zois today to speak to a caring medical negligence attorney who can help you at 800-553-8082, or get a free online case review.

More Malpractice Claim Information
  • It is fair to say that 2016 was not a good year for this nursing home. Another negligence case filed against Glen Burnie Health & Rehab, this one in January 2016. This case is also a wrongful death fall case.
  • Take a look at the typical value of a nursing home negligence case in Maryland
  • Verdicts and settlements in wrongful death nursing home cases

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