Articles Posted in Nursing Home Abuse

If you or a family member has been the victim of nursing home neglect, abuse or negligent medical care, you can file civil lawsuit against the nursing home facility and get financial compensation. Nursing home negligence lawsuits are very common. Plaintiffs have a very high rate of success in these cases when they go to trial so most nursing home lawsuits tend to settle fairly quickly.

In this post, our nursing home negligence lawyers will look at the underlying legal theories in nursing home negligence cases. We will explain when you can sue a nursing home, who can sue a nursing home, and what the average settlement value of this cases is.

Suing a Nursing Home for Negligence

On this page we will look at lawsuits against Maryland nursing homes for abuse, neglect and malpractice. If your elderly parent or relative died or was seriously injured due to nursing home negligence or abuse, you can file a lawsuit against the nursing home facility and get financial compensation.

Plaintiffs in Maryland nursing home lawsuits have a very high success rate, and most nursing home facilities prefer to settle cases before they go to trial.  This page will also look at the average settlement amounts you will see in nursing home lawsuits in Maryland.

When Can You Sue a Nursing Home in Maryland

In the case of Red Bluff v. Tarpley (No. 14-22-190), a Texas appellate panel upheld a $7.1 million verdict for a nursing home assistant, Nicole Tarpley, on Thursday. She was injured when a patient weighing over 300 pounds fell on her leg after a wheelchair malfunction at a Red Bluff LLC-operated nursing home. The lawsuit claimed that Red Bluff did not warn Tarpley about moving bariatric surgery patients alone. Although the trial court gave its final judgment on Feb. 4, 2022, Red Bluff asked to reset the deadline on March 14, 2022.


Texas Personal Injury Law and Settlements

On this page, our nursing home lawyers will look at nursing home negligence lawsuits involving bedsores (also known as pressure sores or pressure ulcers). Bed sores are skin tissue wounds that develop when a person remains immobile in the same position for prolonged time periods. Bed sores can lead to infection and often death. Nursing home bed sore lawsuits are very common because bed sores are frequently the result of negligent care.

This post will explain how and why bed sores develop and examine the basics of how nursing home bedsore lawsuits work. We will also look at the average settlement value of these cases.


If you have a power of attorney from your elderly parent or relative that lives in a nursing home, does that mean you can be held liable for nursing home bills? The answer is no, but nursing homes may try to go after you anyway.

In this post, we will explain the basic law regarding power of attorney grants and liability for nursing home bills.

Who is Responsible for Nursing Home Bills?

appellate court nursing homeUnfortunately, most courts around the country have enforced nursing home agreements executed by residents agreeing to forgo civil claims in favor of arbitration for negligence claims.

The game changes in wrongful death cases.  Usually this is for a very simple reason: the parties have changed.  Courts in Maryland and other jurisdictions have largely declined to enforce arbitration agreements between nursing homes and deceased residents because any wrongful death action is not an “asset” of the estate but a claim brought under the plaintiffs’ own right for the loss of their spouse or parent.

There are two new Pennsylvania nursing home cases that favor plaintiffs in these disputes.

Pisano v. Extendicare

In Pisano v. Extendicare Homes, a Pennsylvania intermediate court affirmed the trial court’s motion for summary judgment in a wrongful death and survival action filed against a nursing home.  The nursing home attempted to compel arbitration over both causes of action based on the existence of an agreement to arbitrate all claims against the nursing home, expressly including survival and wrongful death actions.  This was an issue of first impression in Pennsylvania.

The nursing home’s best argument in these cases, which they made in Pisano, is that  a wrongful death claim is a derivative of and defined by the decedent’s rights.   While it is their best argument, it is weak.  The Pennsylvania court agreed using a lot of complicated legal analysis that can best be described as follows:  the parties are different so it is not derivative.

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The Fifth Circuit U.S. Court of Appeals affirmed the dismissal of nursing home abuse neglect claim because the plaintiff failed to provide 60 days’ notice of the intention to file a medical malpractice action against a health care provider as required under Mississippi Code Section 15-1-36(15). This statute requires Mississippi nursing home and medical malpractice plaintiffs to health care provider’s sixty (60) days’ prior written notice notifying the defendant of the legal basis of the claim and the type of loss sustained, including with specificity the nature of the injuries suffered.

This statute comes from Mississippi’s disastrous tort reform act passed in 2002 that, among other things, establishes a cap on noneconomic damages of $ 500,000 for lawsuits filed before July 1, 2011, a cap of $ 750,000 for those filed after July 1, 2011, but before July 1, 2017, and a cap of $ 1,000,000 for those filed thereafter.

I do not have a problem with the ruling because it is a correct interpretation of the Mississippi law. But the law accomplishes nothing in this case but to deny a Plaintiff the right to justice.

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