Statute of Limitations
- 3 years with Discovery Rule. (Md. Code Ann., Cts. & Jud. Proc. §5-101 – Three-year limitation in general)
- Medical malpractice – 5 years from the date of the act or omission that gave rise to the injury or 3 years from the date the injury was discovered. If claimant is under age eleven at time of injury, the SOL period begins at age eleven. If damage is to reproductive system or by foreign object, then SOL period beings at age sixteen. (Md. Code Ann., Cts. & Jud. Proc. §5-109 – Actions against health care providers)
Damages Cap
- Personal injury - Limitation on non-economic damages: In a personal injury action arising on or after July 1, 1986, noneconomic damages may not exceed $350,000. In action arising after October 1, 1994, noneconomic damages may not exceed $500,000. Beginning on October 1, 1995, the noneconomic damages limitation increases by $15,000 on October 1 of each year. (§11-108 – Personal injury action – Limitation on noneconomic damages)
- Medical malpractice – For cases arising between January 1, 2005 and December 31, 2008, noneconomic damages may not exceed $650,000. Beginning January 1, 2009, the limitation on noneconomic damages will increase by $15,000 on January 1 of each year. (§3-2A-09)
Statute of Limitations
- 3 years. (§3-904 – Action for wrongful death)
Damages Cap
- Limitation on non-economic damages: In a wrongful death action arising on or after July 1, 1986, noneconomic damages may not exceed $350,000. In action arising after October 1, 1994, noneconomic damages may not exceed $500,000. Beginning on October 1, 1995, the noneconomic damages limitation increases by $15,000 on October 1 of each year. Total Recovery of all beneficiaries in a wrongful death case cannot exceed 150% of the cap regardless of the number of claimants or beneficiaries. (Md. Code Ann., Cts. & Jud. Proc. §11-108 – Personal injury action – Limitation on noneconomic damages)
- Medical malpractice – For cases arising between January 1, 2005 and December 31, 2008, noneconomic damages may not exceed $650,000. Beginning January 1, 2009, the limitation on noneconomic damages will increase by $15,000 on January 1 of each year. (§3-2A-09)
- Adult Protective Services – (Md. Code Ann., Fam. Law §§14-101 - 14-309)
- Institutional Abuse – (Md. Code Ann., Health §19-347)
- Long Term Care – (Md. Code Ann., Art. 70B §5)
- Nursing Homes – (Md. Code Ann., Health §§19-1401 – 19-1417)
Rarely do nursing homes have isolated problems. Rather, problems with patient care usually stem from a culture of poor staff training and under-staffing. Case in point-- The Summerville at Potomac nursing facility in Maryland. Following a routine inspection, state and county nursing home surveyors discovered numerous violations governing patient care in nursing homes. Among the violations, the surveyors discovered: improperly care for pressure ulcers, mismanaged patients' medication, lack of fall precautions for patients prone to falling and patients with excessive weight gain and loss.
According to Wendy Kronmiller, director of the Maryland Department of Health and Mental Hygiene's Office of Health Care Quality, many of the reported problems can be attributed to a lack of coordination of care. The survey found that Summerville lacked a delegating nurse to monitor care of each resident. Despite state laws that require a delegating nurse to visit the facility every 45 days, no delegating nurse had visited the facility for months.
Seven cases of Legionnaires' Disease have been reported at an assisted living facility in Waverly, Maryland. According to the Baltimore City Health Department, all the people were living at Stadium Place Apartments before they were diagnosed with the disease. So far, the disease has claimed the life of one of the residents.
What is Legionnaires Disease?
Legionnaires disease is an infectious disease caused by the Legionella bacteria. There are two types of Legionnaires disease: Legion fever (where people generally develop pneumonia) and Pontiac Fever (symptoms similar to the flu).
A recent study conducted by researchers at Johns Hopkins School of Medicine in conjunction with the University of Maryland School of Nursing confirms what many people have long suspected-- tired nurses are more likely to make mistakes when it comes to patient care.
In researching this conclusion, 633 hospital nurses were evaluated in North Carolina and Illinois. Though 12-hour shifts may be popular amongst nurses and hospitals alike, the longer shifts resulted in an increased death rate for patients related to pneumonia and acute myocardial infarctions (heart attacks).
Disgusted by the high rates of unnecessary medical complications patients were experiencing during admissions to many hospitals, Maryland has implemented a new system to penalize these poorly performing facilities.
Under the new plan to improve the quality of care, Maryland Hospitals with medical complication rates higher than the state's average would be penalized by having lower rates of reimbursement provided by the state.
An emerging trend in the healthcare industry is the development of home-based services for people who wish to live independently or whom may be unable to get to appointments out of the home. In addition to the independence home-based services offer patients, they are also promoted as a cost saving alternative to traditional nursing homes and other types of long-term care facilities--- or so we thought.
Eager to gain a foothold in this emerging area, some home health care companies are eager to cater to every need of homebound patients—and sometimes even more.
About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the…