Bedsores are a far too common condition in nursing homes today. These painful pressure ulcers can usually be prevented by frequently turning and repositioning residents. Good nutrition and frequent skin checks can also help in their prevention.
Sadly, due to understaffing and poor training, nursing home residents do not get the care that they need and deserve. As a result, bedsores develop. Bedsores can cause a host of other medical conditions and problems, not to mention thousands of dollars in additional medical expenses.
Family members may choose to file a nursing home bedsore lawsuit to seek justice for their loved one. While some cases will end in Maryland nursing home bedsore settlements, others will go to trial. A well-versed attorney could help guide you through this complex legal process.
What is a Nursing Home Bedsore Case Worth?
Speaking with a lawyer who is familiar with nursing home law could help potential plaintiffs and their families to determine how much their case might be worth. Each case is unique, and its value can depend on a variety of factors such as:
- The associated medical expenses
- Other problems or medical conditions caused by the bedsore
- How soon staff recognized and treated the bedsore
- The long-term prognosis of the nursing home resident
- The pain and suffering experienced by the resident
- The evidence against the defendant
Potential plaintiffs should not agree to nursing home bedsore settlements in Maryland without first speaking to an attorney to discuss their case. Doing so can limit their legal rights and compensation.
Maryland Damage Caps for Nursing Home Cases
When considering Maryland long-term care home bedsore settlements, it is also important to keep the state’s legal damage caps in mind. As detailed in the Code of Maryland § 3-2A-09, each year the damage cap changes to adjust for inflation and other changes to costs. In 2018, this cap was $800,000.
Damage caps only apply to non-economic damages such as pain and suffering, mental anguish, or loss of companionship. Economic damages are not capped and can be determined by their actual value.
Settlement Negotiation
Attorneys for the plaintiff and the defendant usually negotiate a settlement. These negotiations can take place before or after the lawsuit has been filed or at any time prior to trial.
The attorney for the plaintiff cannot legally or ethically make a settlement decision for their client. Their job is to present any offers to their client and to offer advice as to whether the settlement is fair or worth taking. While the majority of cases end in settlements before going to court, each plaintiff must decide what is right for them.
Settlement Benefits
In some cases, both the plaintiff and the defendant can benefit from a settlement as opposed to going to trial. Both sides may elect to settle due to the time and expenses required to take a case to trial. Plaintiffs may wish to avoid emotional stress and defendants may want to guard their reputation.
An Attorney Can Help with Nursing Home Bedsore Settlements
You should never attempt to negotiate Maryland nursing home bedsore settlements on your own. Nursing homes will usually attempt to pay plaintiffs and their families the smallest settlement possible and not what is fair.
By consulting with a seasoned nursing home attorney, you could help ensure that you receive fair compensation on behalf of your loved one who has a bedsore. Call today to get your case started.
