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 stupid 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 cannot award punitive damage in Maryland in the vast majority of nursing home cases. Why? 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. Rightfully, they get mad. This leads to higher compensation awards.Are There Limits on How Much a Victim or Their Family Can Recovery?
You can learn more about how insurance companies go about valuing malpractice and nursing home cases here.
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 damages cap on noneconomic losses (pain and suffering for the victim or the victim's family) in nursing home cases so that for injuries occurring after January 1, 2019, is between $815,000 and 1,018,750 (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 by the cap.
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 the treatment of the injuries. Often, nursing home patients did not get much medical treatment because proper medical treatment would have averted their deaths.
In 2020, with the COVID-19 pandemic, there are going to be whistleblower lawsuits against nursing homes for Medicare fraud and other False Claims Act cases that are brought either by lawyers like us or by federal government attorneys.Maryland Nursing Home Settlements and Lawsuits
The median nursing home verdict nationally is $329,000. Plaintiffs win 63% of nursing home suits.
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.
Because most nursing home cases are strong cases, most cases in Maryland filed by an experienced, competent lawyer are settled before trial. Of course, these statistics are of little help in evaluating your potential nursing home cases because each case is so very different.
- New: Get sample verdicts and settlements in nursing home wrongful death cases
- Get an inside look every nursing home in Maryland
- Your Maryland nursing home lawsuit questions answered
- Get sample nursing home trial outcomes and out-of-court settlements here
- 2022, Pennsylvania: $175,000 Settlement. A nursing home resident sustained a Stage II bedsore that developed to Stage III. She was transferred to the hospital. Her bedsore deteriorated. The woman died from her injuries. Her family alleged negligence against the nursing home. They claimed its staff failed to implement bedsore prevention protocols, assess the skin breakdown risk, and rotate the deceased. This case settled for $175,000.
- 2022, Pennsylvania: $300,000 Settlement. A 94-year-old woman was admitted to a nursing home. Her skin was intact. The woman developed bedsores. She died from her injuries. The woman’s family alleged that the nursing home staff’s negligence caused her injuries. They claimed they failed to determine the woman’s risk for developing bedsores, implement bedsore prevention measures, adequately treat her skin breakdown, and provide appropriate care. This case settled for $300,000.
- 2022, Pennsylvania: $200,000 Settlement. A 76-year-old nursing home resident experienced two unsupervised falls. She sustained a hip fracture and a skull hematoma. Her health declined. The woman died from her injuries. Her family alleged negligence against the nursing home. She claimed its staff failed to implement fall prevention protocols, provided appropriate care, and properly devise a care plan. This case settled for $200,000.
- 2021, Pennsylvania: $110,000 Settlement. A nursing home resident choked on food during dinner. He lost consciousness. The man was brought to the hospital. He died one week later. The man's family alleged negligence against the nursing home. They claimed its staff failed to implement choke prevention procedures, appreciate the man's choke risk, carefully observe him during meals, and timely assist him at mealtime. This case settled for $110,000.
- 2021, Pennsylvania: $250,000 Settlement. A 90-something nursing home broke her hip after falling. She developed pressure sores. The woman's overall health deteriorated. She died several weeks later. Her family alleged that the nursing home staff's substandard care caused her death. This case settled for $250,000.
- 2021, Louisiana: $150,000 Verdict. A 64-year-old nursing home resident suffered a heart attack. Facility staff members attempted to resuscitate her. They called 911. EMS arrived and performed advanced cardiovascular life support. The woman regained a pulse. She was brought to the hospital. The hospital staff noticed discrepancies between the nursing home-provided medical chart and the woman's physical examination records. They discovered that the facility provided the wrong medical chart. This caused treatment delays. The woman died the following day. Her family alleged that the nursing home staff's failure to send the correct medical records delayed her treatments. The jury awarded $150,000.
- 2021, Florida: $1,758,230 Verdict. A 61-year-old woman was admitted to a nursing home. She was infection-free at the time. The woman developed a UTI. Several months later, she died from urosepsis and septic shock. The victim's family alleged negligence against the nursing home. They claimed its staff members failed to appreciate her high UTI risk status, prevent her infection, and routinely consult a urologist. The jury awarded the family $1,758,230.
- 2021, California: $755,144 Verdict. A 65-year-old nursing home resident, whose medical history included dementia and bilateral leg amputations, fell from her wheelchair. She sustained a subarachnoid hemorrhage. The woman alleged negligence and elder abuse against the nursing home. She claimed its staff failed to appreciate her fall risk and implement fall prevention measures. The jury awarded her $755,144.
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.Common Nursing Home Defendants in Maryland
- Bed Sore Injuries in Nursing Homes (discussion of this common nursing home neglect lawsuit issue)
- Decubitus Ulcers and Deformities (background and 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 410-779-4600 or get a free online Maryland nursing home claim evaluation