The state of Maryland places a limit on non-economic damages awarded in medical malpractice cases. This limit increases $15,000 every year. For 2015 the cap will be $755,000.
Maryland’s statute of limitations on personal injury lawsuits is 3 years. A lawsuit for injuries arising from services by a health care provider must be filed within the earlier of 5 years from the time the injury was committed or 3 years from the time the injury was discovered.
In Maryland, most nursing home neglect and abuse cases are taken on a contingent fee basis. A contingent fee is any fee for services provided where the fee is payable only if there is a favorable result. Maryland ethics laws require that a lawyer’s fee must be reasonable. Additionally, a contingent fee agreement must be in writing and signed by the client. It should state how the fee is to be calculated, including the percentage owed to the lawyer in the event of settlement, trial or appeal. The contingency fee agreement agreement must notify the client of expenses for which the client will be held responsible.
Maryland nursing homes are licensed by the Department of Health and Mental Hygiene. Facilities must comply with the rules and regulations provided in the Code of Maryland Regulations (COMAR) for nursing homes. The state of Maryland guarantees certain rights to nursing home residents. A complete list of these rights can be found at COMAR 10.07.09.08 Resident’s Rights and Services. Some rights that nursing home residents and consumers find most important include:
In Maryland, the Department of Health and Mental Hygiene Office of Health Care Quality investigates complaints against nursing home facilities. They can be reached at (410) 402-8108. In addition to investigating complaints the Department of Health also conducts periodic inspections of nursing home facilities. Nursing home inspection results are considered public information.
To request nursing home inspection information contact the Office of Health Care Quality at Spring Grove Hospital Center, Bland Bryant Building, 55 Wade Avenue, Catonsville, Maryland 21228 Attn: Public Information Request. Phone: (410) 402-8000. Inspection results are also available on Medicare’s Nursing Home Compare Website at: http://www.medicare.gov/nursinghomecompare/search.html.
Disclaimer: This article is for informational purposes only. It is not legal advice and should not be used as legal advice. The legal statutes, laws and procedures contained in this article may not be current and may have been revised since the time of publication or contain errors. An attorney can provide legal guidance only after reviewing the details of your individual case.
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