Damages in a Maryland Nursing Home Bedsore Lawsuit
Bedsores are not only painful and disfiguring they are also expensive, often requiring specialized medical care. In many cases, bedsores are preventable when nursing home staff follow the standards of care and policies of the facility.
If your elderly family member developed a bedsore while in a nursing home, they may be entitled to compensation.
Seeking damages in a Maryland nursing home bedsore lawsuit could be more successful with the help of a seasoned attorney. An attorney could gather the evidence showing how the nursing home and its staff breached their duty to the resident they were entrusted to care for. They could also show what damages the plaintiff suffered from the bedsore.
Types of Civil Damages in Bedsore Cases
There are three main types of nursing home bedsore lawsuit damages in Maryland; economic or actual, non-economic, and punitive. Each represents a different type of loss for the plaintiff. Consulting with an experienced bedsore lawyer could help potential plaintiffs grasp what their case might be worth.
Actual Damages
These are monetary losses that the plaintiff has suffered. Their value is objective and already assigned. The attorney for the plaintiff could provide bills and receipts as proof of actual damages. Examples include ambulance bills, hospital bills, prescriptions, medical devices, wound care supplies, and doctor bills.
Non-Economic Damages
Non-economic damages in a nursing home bedsore lawsuit in Maryland are subjective and can be challenging to prove as they do not have a predetermined value. Non-economic damages can include:
- Pain and suffering
- Disfigurement
- Loss of enjoyment of life
- Loss of companionship
- Mental anguish
The severity of the injury and its impact on the plaintiff’s life will impact the value of non-economic damages.
Punitive Damages
Punitive damages are the least common type of damage for a jury to assign. They are reserved for cases in which the defendant(s) acted with intentional malice. Juries award these damages not primarily with the intent of compensating the victim but for punishing the plaintiff for their wanton actions.
Caps on Nursing Home Bedsore Lawsuit Damages
Plaintiffs in nursing home bedsore lawsuits are subject to the damage caps in the state. Although some states do not limit the compensation a jury may award a plaintiff, Maryland does.
As explained in the Code of Maryland § 3-2A-09, the cap changes each calendar year to account for inflation and cost increases. The cap on non-economic damages rises by $15,000 annually. Recent caps for the non-economic damages in Maryland are as follows:
- In 2017, the cap was $785,000
- In 2018, the cap was $800,000
- In 2019, the cap was $815,000
These limits are only for non-economic damages and do not apply to economic damages. Maryland law allows juries to award the full amount of economic damages as they see fit in each case.
Get Help Seeking Nursing Home Bedsore Lawsuit Damages
Every nursing home resident deserves care that will help the prevention of painful bedsores. When a bedsore develops due to a lack of proper care, the nursing home, and care providers may be found liable by a jury. They will then be ordered to pay for the damages in a Maryland nursing home bedsore lawsuit.
Your legal rights and options are time-sensitive. Call today for a case consultation to seek justice for your elderly loved one.
