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

STATEMENT OF CLAIM

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

1. That Gary Parks is a resident of the State of North Carolina and is the surviving son of the late Kenneth Parks.
2. That 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. That Kathleen Parks is the surviving spouse of the late Kenneth Parks and resides in the State of Maryland.
4. That Kenneth Parks died on June 4, 2020, at Washington Hospital Center, now know 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. That 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. That this action is being brought under both the Maryland Wrongful Death Statute and the Maryland Statutes governing actions involving medical malpractice.
8. That 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. That at all times relevant herein the Defendant owned and operated a Hospital located at 251 East Antietam Street, Hagerstown, Maryland.
10. That 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. That at all times relevant, the Defendant employed various medical providers, nurses, and medical staff, at its Hospital located at 251 East Antietam Street, Hagerstown, Maryland to include 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. That 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. That 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. That 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 the 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. That 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. That as a direct and proximate result of the 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. That 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 the 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. That the late Kenneth Parks, and all of the Plaintiffs herein, did not assume the risk of Kenneth Parks’ injuries and death.
19. That 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. The Plaintiffs re-allege and incorporate by reference herein all of the allegations contained in paragraphs 1-19 above.
22. That on or about March 24, 2020, and thereafter, the Defendants by and through their employees/servant/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, 2020.
23. That 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. That 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. That 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 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.

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)

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