The decision to move a loved one into a nursing home facility can be difficult. However, such a decision is sometimes necessary to ensure your elderly loved one receives the level of care they need to live out the remainder of their life comfortably. Unfortunately, some nursing home residents fall victim to mistreatment and negligence, resulting in their untimely and wrongful death. When this occurs, many families consider taking legal action against the facility. If this reflects your circumstances, please continue reading to learn who is eligible to file a wrongful death claim in Maryland and why connecting with a compassionate Prince George’s County Wrongful Death Lawyer is in your best interest.
What Are Some Causes of Nursing Home Deaths?
Unexpectedly losing a loved one is heart-wrenching, especially if it results from a nursing home’s negligence. While many residents do pass away from natural causes, there are instances in which staff may abuse and neglect those in their care. The following behaviors can result in premature death:
- Medication errors
- Physical or sexual abuse
- Lack of proper medical care
- Untreated bed sores and infections
- Environmental hazards
- Neglect (malnutrition, dehydration, etc.)
- Unsanitary conditions
Who is Eligible to File a Wrongful Death Claim in Maryland?
A wrongful death lawsuit allows family members and legal dependents to pursue legal action against individuals whose negligence caused the death of a person. It’s important to understand that in Maryland, only certain individuals can file a wrongful death lawsuit on behalf of the decedent. Generally, the primary beneficiaries of the deceased can file a claim, including their spouse, parents, and children. If there are no primary beneficiaries, other relatives who were financially dependent on the ceased may be eligible to file a claim. This may include blood or marriage relatives, such as siblings, cousins, grandchildren, and other extended family members.
Similarly to a wrongful death claim, the personal representative of the decedent’s estate can file a survivor’s action. The representative will act on behalf of the claimants as they seek compensation for the harm done to them as a result of the death. Generally, eligible parties are subject to a three-year statute of limitations.
If your loved one suffered a wrongful death while living in a nursing home in Maryland, it’s in your best interest to consult an experienced lawyer who can give you the legal support you need to seek justice and compensation for your family. At Timian & Fawcett, LLC, we are prepared to help you build a strong case to achieve the best possible outcome. Connect with our firm today to learn more about how we can fight for you during these difficult times.
