Liability in a Maryland Nursing Home Bedsore Case

When a nursing home admits a resident, they are assuming legal liability for their care. You trust them to provide the best care possible for your elderly loved one.

Despite their legal liability and your trust, the nursing home failed to provide the care necessary to prevent your relative from developing a bedsore. Their actions have caused monetary and other damages to both you and your loved one.

Proving liability in a Maryland nursing home bedsore case is imperative to its success. When you hire a skilled nursing home attorney, you could increase your chances of receiving compensation for the pain and suffering your family member is enduring at the hands of negligent nursing home staff.

Establishing Liability in a Nursing Home Bedsore Lawsuit

As with all states, the plaintiff holds the burden of proof in a bedsore case. The legal concept of negligence is usually used when determining liability in injury cases. Negligence is an action that does not meet the standard of care expected of a reasonable person such as a nursing home employee and causes harm to another person.

With the help of their lawyer, the plaintiff must prove several points to win their case on the basis of negligence; duty, breach, causation, and damages.


The nursing home staff owed a legal duty of care to the resident, such as turning them and helping with frequent repositioning.


The defendant breached their legal duty by not taking the appropriate steps to help avoid the development of a bedsore.


The plaintiff must prove that their injury was caused by the defendant. If the breach of duty did not occur, the bedsore would not have occurred.


Finally, the plaintiff must have damages from the incident in question. Damages can include medical bills and pain and suffering.

Multiple Party Liability in Nursing Home Cases

As is often the situation in nursing home bedsore cases, multiple parties can be liable and named as defendants. Depending on the specifics of the case, the following parties may be named as defendants and found liable:

  • Owners of the nursing home
  • Nursing home administration
  • Nursing home staff and care providers
  • Medical device or equipment manufacturers

Joint and Several Liability

As found in the Code of Maryland §3-1402, multiple parties are subject to the doctrine of pure joint and several liability in Maryland. If one defendant in a nursing home bedsore case reaches a settlement agreement with the plaintiff, the amount that they settled for will be deducted from the entire amount of the jury award. The defendants who did not settle will be liable for the remaining amount.

Plaintiff Liability

Under certain circumstances, the plaintiff can be found liable for their injuries and damages. Perhaps they refused to be turned or to change positions or refused medical care for their bedsore. Unfortunately, Maryland is not a plaintiff-friendly state in these cases. If the plaintiff is determined to be even one percent at fault for their injuries, they are barred from any recovery at all.

Plaintiffs who have reason to believe liability may rest with their elderly loved one could benefit from speaking with a well-versed nursing home attorney before pursuing a claim.

Get Help Proving Maryland Nursing Home Bedsore Case Liability

For a jury to award damages to the plaintiff, liability in a Maryland nursing home bedsore case must be proven. Using the services of a knowledgeable and compassionate lawyer can help you do just that. Call today to seek justice for your loved one.