The average nursing home neglect settlement encompasses damages such as economic and noneconomic consequences of the incident. For example, it may cover the injured resident’s healthcare costs to address infections or broken bones caused by the neglect. Patients and their families can maximize their chance of recovering compensation by taking important steps. These include filing the claim on time, gathering evidence, and working with an experienced lawyer who can help.
At the Snyder Law Group, we’re fierce advocates of those who are hurt while staying at a nursing home. We have the utmost compassion for residents who suffer bedsores, fall injuries, financial harm, and other harms because of careless or cruel healthcare professionals. Our nursing home negligence attorneys take a personalized and targeted approach when advocating for victims and their families.
What Is Nursing Home Neglect?
Nursing home neglect and abuse are types of medical malpractice committed against patients in assisted living facilities or other types of care homes. Institutions such as retirement homes, long-term care facilities, nursing homes, and memory centers are responsible for treating their patients with care. As part of this, the center and its staff (e.g., nurses, cleaning crew, doctors, and therapists) should have proper training and attend to patient’s needs. Like many forms of malpractice, elder abuse and neglect may occur if the facility or its staff don’t follow these and other standards of care.
What Are Examples of Injuries From Nursing Home Abuse and Neglect
Anytime a staff member at a long-term care facility does something that results in preventable harm to a patient, the potential for nursing home abuse or neglect is present. Examples of injuries patients may experience from abuse and neglect include bedsores, falls, malnutrition, and dehydration.
As explained by Johns Hopkins Medicine, bedsores can arise when the blood flow to and from part of the body is restricted or completely blocked. Bedridden patients or those with limited mobility are at a higher risk of developing this condition. A bedsore may form if nursing home staff doesn’t regularly rotate or move patients throughout the day (e.g., every 2 hours). These areas of the skin can die and become infected, compromising the patient’s health and, sometimes, the affected patient’s life.
Many patients in long-term care facilities have mobility issues caused by physical or mental impairments. These conditions make it difficult for them to move around on their own. If left unattended, they may try to walk by themselves, increasing the risk of a fall. Additionally, staff members are responsible for ensuring patients are safely in their beds. Often, this involves having a properly installed bed rail to catch patients so they don’t fall off the mattress. If the staff doesn’t correctly install or set up the rail, patients may suffer dangerous falls and be unable to move.
Malnutrition and Dehydration
In most cases, patients in memory care centers and nursing homes depend entirely on the facility to provide healthy food and clean water. Facilities that don’t follow the dietary restrictions of patients or fail to feed them regularly run the risk of harming them. Residents may experience malnutrition and dehydration as a result.
What Is the Average Nursing Home Negligence Settlement in Maryland?
The average settlement amount for nursing home negligence can vary significantly from one case to the next. For example, each case may involve differing amounts of elder abuse damages, such as broken bones, mental trauma, and financial harm. However, there are three types of compensation that may be included in negligence payouts. Those include economic damages, noneconomic damages, and (in some cases) punitive damages.
Economic damages encompass the financial fallout of nursing home malpractice. For example, this category of compensation may include money to pay for medical expenses, reimbursement for a portion of the facility fees, and payment of prescriptions. Additionally, if the patient’s personal property was stolen or damaged because of the incident, the cost to repair or replace this may be included. Economic damages may address future malpractice-related expenses if the patient can show these with reasonable certainty.
Under Maryland law, malpractice victims may also recover noneconomic damages. These forms of compensation seek to make the victim whole again after what they have gone through. A financial award may include money to compensate the victim for their pain, inconvenience, suffering, or impairment.
A rare form of compensation, punitive damages, punishes the at-fault facility or staff member for their malicious or intentional actions. Courts reserve these types of financial penalties for situations where the type or cause of the injury is particularly egregious. As such, victims need to meet extra legal requirements to qualify for punitive damages.
What Factors Influence the Average Nursing Home Neglect Settlement?
Many factors can influence what an elder abuse victim receives in their final settlement. For example, it depends on things like the law in effect at the time and the specific injuries suffered by the patient. Additionally, the resident’s likelihood of fully recovering can impact the final settlement. Likewise, if the patient doesn’t file their claim within the Maryland statute of limitations, this can prevent them from going through with the lawsuit. Finally, Maryland’s damage caps can also limit what someone receives for an elder neglect case.
How Can You Maximize Compensation in Your Nursing Home Case?
While there’s no guarantee of receiving a certain amount in compensation for your claim, there are things you can do to help increase your odds of winning your case. For example, you can gather and preserve evidence to support your claim and your settlement proposal. Additionally, you can make sure to file your case within the applicable deadline. Finally, you can talk to a Baltimore medical malpractice lawyer whom you trust and who can fight for you.
Gather (and Preserve) Evidence
To prove your claim against the nursing home, you need sufficient evidence to prove they committed malpractice. To this end, take detailed notes about your or your loved one’s time at the facility. Keep copies of emails, text messages, phone calls, letters, and other records you received or sent to the facility. Likewise, save receipts, after-visit summaries, or insurance claims involving the nursing home’s negligence.
File Your Case on Time
Maryland requires malpractice victims to bring their claims within the appropriate statute of limitations. If patients don’t start the litigation process before this window closes, they may be unable to proceed with their claim. In many cases, patients may have to bring their claims within five years after the malpractice occurs or within three years after discovering the malpractice (whichever is shorter).
Talk to an Attorney
Talking to a lawyer is a good idea so you can understand and protect your rights. Nursing homes and their insurance carriers may try to persuade the patient to sign quick-fix settlement offers. Often, these offers simply don’t represent the patient’s best interests. Before signing a proposal sent by a facility or insurance carrier, it may be best to speak with a reputable attorney. They can review the agreement and determine if it’s a fair offer. They can also prepare and file legal paperwork (e.g., the notice and complaint).
Snyder Law Group: Elder Abuse and Neglect Lawyers Serving Maryland
Those in a nursing home, long-term care facility, assisted living center, or other organization deserve the utmost care and respect. Unfortunately, bad actors, such as greedy facilities, poorly-trained nurses, or abusive doctors, can cause harm to unsuspecting and vulnerable patients. When this happens, our legal team can step in and fight for patients and hold the institutions responsible for their actions.
Snyder Law Group shows compassion for our clients and their well-being while also being fierce advocates. With over 20 years of experience, we understand the many tactics nursing homes and insurance companies use to try to sidestep liability. We use this hands-on experience to craft effective legal strategies to benefit our clients. Our exceptional legal team includes Michael Snyder, who has a Superb (10.0) Avvo Rating in the field of medical malpractice.
If you or your loved one has experienced nursing home neglect or abuse, contact us today by calling 410-604-8467 to schedule a no-obligation consultation.