Maryland Nursing Home Bedsore Lawsuit Statute of Limitations
Although bedsores are common ailments in many nursing homes, learning that your loved one has developed one is no less saddening. At this time, you may be quite focused on getting your relative the medical care and attention they need to heal. You should also consider the Maryland nursing home bedsore lawsuit statute of limitations.
If you decide to pursue your legal options, you have a limited amount of time to do so. Consulting with an established bedsore lawyer as soon as possible can help you preserve your legal rights.
What is a Statute of Limitations?
A statute of limitations is a state law that limits the amount of time a plaintiff has to file a lawsuit. There are generally three reasons for the existence of a statute of limitations in a civil case:
- A plaintiff who has a valid claim should be diligent about pursuing it
- If the claim goes stale, the defendant may not have the evidence necessary to attempt to disprove the claim
- When dormant claims are litigated, justice is harder to achieve for both the plaintiff and the defendant
Nursing Home Statute of Limitations
Maryland’s nursing home statute of limitations can be found in the Code of Maryland §5-101 and is three years from the date of the injury. The nursing home bedsore lawsuit statute of limitations in Maryland does have some exceptions. For example:
Discovery
Some injuries are not obvious or known until after they have occurred. Bedsores usually fall under this exception as by the time they are noted, the initial injury has already occurred. It can also be difficult to ascertain exactly when a bedsore started.
For these types of injuries, the statute of limitations may be tolled, or paused, until the injury is discovered or should have reasonably been discovered. In a bedsore case, the statute of limitations would begin running from the date the bedsore is noted in the medical chart.
Fraud/Concealment
If the defendant(s) conceals their knowledge of the bedsore and does not notify the family or the resident’s representatives, the statute of limitations is also tolled until they are aware of the development of the bedsore.
Requirements for Winning a Bedsore Case
Not only do plaintiffs and their legal counsel need to be mindful of the Maryland long-term care facility bedsore lawsuit statute of limitations but they also must meet certain requirements to win a jury award. They must be able to use evidence to prove:
- The nursing home and its staff owed the plaintiff a duty of care
- The duty of care was breached
- The breach proximately caused the plaintiff’s bedsore
- The bedsore caused damages to the plaintiff
Talk to a Maryland Nursing Home Bedsore Attorney Today
If you are considering taking legal action after learning that your family member has a bedsore, now is the time to act. Do not let the Maryland nursing home bedsore lawsuit statute of limitations bar you from seeking compensation for your elderly loved one. Call a compassionate attorney today to get your case started.
