Maryland Injury Law Center
Jury Verdict Research did a study that found that nursing home plaintiffs get a median award of $329,000. Defense lawyers are not eager to try these cases for a reason: plaintiffs win at trial a stunning 63 percent of nursing home jury trials. Even that figure is probably misleading. When a nursing home lets a case go to trial, it is usually because it is a case that cannot be lost. Good nursing home lawsuits settle almost every time.
So, statistically, you are more likely to win at trial a nursing home case than a rear-end accident case. Crazy, right? Why more lawyers are not pushing for nursing home cases is beyond me. They are not as lucrative as they once were because of damage caps but they are still good cases that also, not for nothing, really help protect nursing home patients.
- Which Maryland nursing homes are getting sued? A look at lawsuits, ratings, and reviews of Maryland nursing homes
- Take a deeper dive into nursing home settlements and verdicts in Maryland
Nursing Home Claims in Maryland
We are optimistic people in Maryland. We have the highest per capita income in the country. Few Marylanders expect that they will one day be placed in a nursing home and depend on these strangers for their most basic needs. I can’t imagine it myself as I type this. Yet the harsh realities are that we are all dying and we are all at risk of losing the physical powers that make us who we are. Sometimes, long-term nursing home care is the only solution that makes any sense.
Nursing home lawsuits are frequent in Maryland. It was not always that way. Plaintiffs’ lawyers once expected juries to roll their eyes at nursing home claims, particularly wrongful death claims for victims of advanced age.
While not enough, times have changed. Juries do not look at nursing homes with the loving eyes they look upon esteemed doctors. Maryland jurors, even in conservative jurisdictions, are showing an increasing intolerance toward nursing homes that do not take care of their residents.
Nursing homes have a duty to exercise reasonable care to avoid injuries and death to its residents. This does not mean that the facility is an insurer of all harm to its residents.
But a nursing home really has to try its best to protect its patients. Residents may expect a nursing home that complies with our state and federal regulations, and that it will provide the resident with an environment that is safe, sanitary, and hopefully, kind and gentle. Far too often, these nursing homes completely miss the mark and the consequences can be painful and sometimes downright cruel.
Example Maryland Nursing Home Jury Payout
Few – and I mean few – Maryland nursing home lawsuits go to trial. It is rarely worth it for the victims to go to trial with the settlement offers you see before trial, give the cap on damages in Maryland. But we have had a few more in recent years.
Here are the few recent verdicts in Maryland (and other nearby jurisdictions) nursing home lawsuits. The examples provided highlight the wide range of outcomes in nursing home negligence and wrongful death lawsuits, offering valuable insight into how settlement compensation and verdicts are determined in Maryland. These cases illustrate the significant role that factors such as the nature of the injury, the level of negligence, and the resulting impact on the resident and their family play in influencing settlement amounts or jury awards. However, while these cases are instructive for understanding potential trends and legal considerations, they cannot predict the specific compensation you may receive in your case. Each nursing home lawsuit is unique, shaped by variables such as the resident’s medical history, the quality of evidence presented, and Maryland’s legal caps on damages, all of which make exact outcomes impossible to forecast.
- $1,500,000 Settlement (Maryland 2024): The estate of a former resident of Autumn Lake Healthcare at Alice Manor in Baltimore settled for $1.5 million. The resident passed away from complications arising from a severe spinal bone infection linked to bedsores. These sores were attributed to the nursing home staff’s failure to adequately turn and reposition the resident, which is a crucial care practice for individuals with restricted mobility. Pressure sores, or bedsores, can lead to death by causing severe infections like sepsis when the broken skin and deeper tissue damage provide a pathway for bacteria to enter the bloodstream. These infections can become systemic, affecting multiple organs and leading to failure or overwhelming the body’s ability to recover.
- $8,500,000 Verdict (Maryland 2024): A jury in PG County awarded $8.5 million in this nursing home wrongful death cases (although after application of the cap the family will only get $850,000). The 83-year-old nursing home resident was admitted twice to the same Maryland facility during the fall and winter of 2020-2021. During both admissions, she was identified as being at risk for malnutrition. During her second admission in June 2020, she weighed 112 pounds. Alarmingly, she lost 13 pounds within a single week, yet no new interventions were implemented to address her malnutrition. While she was weighed periodically in the following weeks, no changes to her diet or care plan were made. For a span of 68 days, the nursing home failed to weigh her at all. Over an eight-month period, the resident lost 25% of her body weight, dropping to 95 pounds by October 2020 and eventually to just 81 pounds by January 2021. She died soon thereafter.
- $9,000,000 Verdict (Maryland 2023): Another pressure sore case in Baltimore City… a pastor residing at Stella Maris nursing home in Baltimore County developed a fatal pressure sore post-stroke, leading to sepsis and death. The jury found the nursing home negligent, awarding $8 million for the pastor’s pain and suffering and $1 million for the family’s emotional distress. However, Maryland’s cap on pain and suffering damages meant the family received slightly over $1 million, highlighting the state’s nursing home lawsuit complexities.
- $240,000 Settlement (Pennsylvania 2023): A 96-year-old female nursing home resident with a history of chronic dysphagia choked on food, leading to aspiration, brain damage, cardiac arrest, and ultimately her death. The estate alleged that the nursing home staff was negligent by leaving her unattended while she was eating, despite her known medical condition. In addition to the choking incident, the estate claimed that during the final year of her life, the resident suffered from bedsores, causing significant pain and debility before her passing.
- $300,000 Settlement (Pennsylvania 2022): A 94-year-old woman was admitted to a nursing home with her skin intact. While under the facility’s care, she developed bedsores that ultimately led to her death. Her family alleged that the nursing home’s negligence caused her injuries, claiming the staff failed to assess her risk for developing bedsores, implement proper prevention strategies, provide adequate treatment for her skin breakdown, and deliver appropriate overall care.
- $276,026 Verdict (Maryland 2021): This wrongful death lawsuit was filed after a 56-year-old male nursing home resident with myotonic dystrophy, missing teeth, dysphagia, and a history of swallowing difficulties, died of cardiac arrest secondary to respiratory failure. The incident occurred three days after he choked on a large food bolus during dinner. The plaintiff alleged that the nursing home breached the standard of care by failing to reassess the resident’s ongoing need for a soft food diet, given his known medical conditions. The nursing home denied liability, but the jury ultimately found in favor of the plaintiff at trial.
Damages Caps in Maryland Nursing Home Cases Limit Settlement Values
The settlement value of nursing home cases in Maryland tends to be lower than comparable medical malpractice cases with similar injuries. One key reason is the cap on non-economic damages, which limits compensation for pain and suffering. For injuries occurring after January 1, 2024, the cap on non-economic damages in nursing home cases ranges from $890,000 to $1,112,500, depending on the number of wrongful death beneficiaries.
This means that while you may hear about a Maryland jury awarding a $5 million verdict in a nursing home case, it is unlikely the victims will receive the full amount. Non-economic damages are subject to the cap, which significantly reduces the final payout.
Unlike medical malpractice claims, nursing home lawsuits typically lack substantial economic damages because nursing home residents are often retired and not earning income. As a result, the total recovery in most Maryland nursing home lawsuits is generally limited to the non-economic damages cap and any medical bills directly related to the injuries. In many cases, nursing home residents received little medical treatment because proper care might have prevented their injuries or death in the first place.
Maryland Nursing Home Lawsuit Settlement Amounts
The average settlement value for nursing home negligence cases in Maryland falls between $175,000 and $450,000, depending on the specifics of the case (e.g., pressure sores, falls, or abuse). However, this range is not definitive. Some nursing home cases settle for far more than $450,000, while others settle for less than $175,000.
National data shows the median jury verdict for nursing home negligence cases in the U.S. is $329,000, and Maryland’s average verdict slightly exceeds this national figure. Interestingly, plaintiffs in nursing home negligence cases win 63% of the time at trial, making these cases particularly strong. As a result, nursing homes often prefer to settle rather than risk trial verdicts.
While statistical averages and caps provide a general sense of potential outcomes, each nursing home case is unique. Factors such as the severity of injuries, evidence of negligence, and the skill of the attorney can significantly impact the settlement value. Most strong cases filed by experienced lawyers in Maryland are settled before trial. However, personalized evaluation is essential to determine the true value of a specific case.
Getting a Nursing Home Attorney in Maryland
If you or someone you love was harmed by a nursing home, bringing a claim is about accountability and responsibility. Our system of civil justice calls for money damages when these nursing homes’ negligence cause harm.
But a nursing home claim does more than that. These nursing homes’ are restrained largely by lawsuits. If you took away the fear of litigation, I would hate to see the systems in place to protect residents from harm.
If you need a lawyer because of the harm caused by a nursing home, call Miller & Zois at 800-553-8082 or get a free online consultation to learn about your options and what we can do for you.