Future Care: Maryland Nursing Home Lawsuits

Background

FutureCare is a family-owned business with 16 nursing home facilities in Maryland, about half of what HCR ManorCare has. It was founded in 1986 and claims it is the largest Maryland-owned provider of nursing services. Facilities are located in Baltimore City, Anne Arundel County, Baltimore County and Prince George’s County. FutureCare provides both short-term rehabilitation and long-term care. It accepts patients directly from hospitals who require services and rehabilitation. It also accepts patients with Alzheimer's, dementia, and physical limitations for long-term admission.

Nursing Home Lawsuits Against FutureCaremanorcare

Nursing home lawyers are not going to reach a settlement in many FutureCare claims without first filing a lawsuit. This is typical of nursing home cases generally. Nursing home defendants typically want to conduct discovery not only to determine whether there was negligence but also to better understand the scope of the plaintiff's damages.

FutureCare does not have a team of trial counsel in Maryland, hiring outside counsel in when a lawsuit is filed against them. FutureCare negligence and wrongful death cases are often defended by Walker & Murphy, a small, well respected Rockville defense firm.

  • An example lawsuit against FutureCare in Baltimore
  • Our law firm, Miller & Zois, helped change Maryland nursing home law in 2016 in a wrongful death lawsuit against FutureCare with a big win in the Maryland Court of Special Appeals

FutureCare's Attempt to Stop Nursing Home Negligence Lawsuits

Like a lot of nursing homes, FutureCare tries to get its residents to waive their constitutional right to a jury trial in the event that FutureCare causes its residents harm or even kills them. (This is an example of a waiver given to one of our clients by FutureCare.) In these agreements, FutureCare may require the execution of this waiver before accepting that patient in their care. has been known to require a signature of these one-sided before agreeing to provide patient care. For many families, it can be a relief to finally get approval for treatment, so most either don’t read the terms of the agreement or have little understanding of what rights they are giving up.

Patients who sign arbitration agreements run the risk of giving up their right to a jury trial. Agreements like these often have provisions regarding the selection of arbitrators to decide the case—sometimes the arbitrations must occur in other states, and sometimes the arbitrators are selected by the company writing the agreement (who do you think they are going to rule for?).

Plaintiffs’ lawyers across the country fight these agreements, with differing results in each state. Maryland trial courts have been inconsistent in ruling on the enforceability of these agreements—some judges permit them, and some judges don’t. The best strategy is to argue that that the patients signing the documents lacked capacity (because of mental disease, for example, Alzheimer's), the agreement waived the rights of parties not listed in the agreement (see Dickerson v. Langoria), or that the FutureCare admissions officer did not properly explain the relevance of the agreement.

A few years ago, the Maryland Court of Appeals examined in Addison v. Lochearn looked at whether arbitration was mandatory when an arbitration agreement was signed by a FutureCare patient was lawful. Essentially, it held that FutureCare had no right to immediately appeal a denial of its claimed right to arbitrate. But this was a unique circumstance, and probably has little precedential value for future cases.

Sample Lawsuits and Expert Reports

The majority of meritorious Maryland nursing home lawsuits against FutureCare reach a settlement. Here are some sample legal documents we have filed in nursing home lawsuits against this company and a sample idea of their defenses:

Contacting a Nursing Home Lawyer

If your someone you love was cared for by FutureCare and you believe and was injured or killed as a result of their negligence call us 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.

Contact Us For a Free Consultation

If you are hurt in a serious accident or are the victim of medical malpractice, contact our team of lawyers to discuss your case.
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