Published by Arfaa Law Group
When nursing home patients report an injury, the response they receive can mean the difference between life and death. In high-risk environments such as rehabilitation centers, providers have a legal and ethical duty to act swiftly and competently when signs of trauma emerge. A recent case from a Maryland court illustrates the tragic consequences that may follow when that duty is allegedly breached. If you suspect that a loved one was harmed due to negligence in a nursing or rehabilitation facility, a knowledgeable Baltimore medical malpractice attorney can help assess your potential claims.
Factual Background and Procedural History
It is alleged that the decedent, following a below-the-knee amputation, was transferred to a rehabilitation facility operated by the defendant. The transfer occurred on or about January 7 or 8, 2017, and it is reported that shortly thereafter, the decedent told her daughter that she had been dropped by facility staff. Allegedly, the exact location or circumstances of the fall were unclear, but the plaintiff maintained that the critical issue was the facility’s response after the incident was reported.
It is reported that no diagnostic imaging, such as x-rays or scans, was performed on the decedent between the time of the alleged fall and January 10, 2017. On that date, the decedent was found unresponsive and was transferred to a local hospital, where she passed away the following day. Plaintiff, acting as personal representative of the decedent’s estate, filed suit against the facility, alleging medical malpractice and negligence, and later amended the complaint to reflect the proper defendant.
Allegedly, the defendant moved for summary judgment, arguing that the plaintiff failed to produce expert testimony establishing the applicable standard of care, its breach, and a causal link to the decedent’s death. In response, the plaintiff submitted an autopsy report and expert opinion from a neurologist who opined that the decedent’s fatal injuries, including a subdural hemorrhage and fractures, were consistent with trauma from a fall.
Establishing Medical Negligence Under Maryland Law
The court evaluated the plaintiff’s claim under Maryland’s established standards for medical malpractice actions. Under Maryland law, a prima facie claim of medical negligence requires expert testimony establishing (1) the applicable standard of care, (2) a breach of that standard, and (3) a causal link between the breach and the injury. As the court noted, in cases involving professional negligence, expert witnesses are ordinarily required to explain medical standards and connect those standards to the facts of the case.
Here, the plaintiff’s expert did opine that the decedent’s injuries were likely caused by trauma consistent with a fall and that the presence of a scapular fracture, rare without significant trauma, suggested a major impact. However, the court emphasized that while this testimony addressed causation, it did not satisfy the requirement to define the standard of care or to demonstrate how the defendant deviated from that standard in its post-fall response.
The court concluded that the plaintiff failed to produce expert testimony indicating what a reasonably competent nursing home would have done in response to the report of a fall. Moreover, the plaintiff did not provide expert evidence to show that any alleged breach in follow-up care would have altered the outcome for the decedent. Without such evidence, the court determined that no genuine dispute of material fact existed and granted summary judgment in favor of the defendant.
Speak with Experienced Baltimore Medical Malpractice Attorneys
Failure to investigate or respond appropriately to reported injuries in nursing homes can have devastating consequences. However, proving medical negligence requires more than tragic outcomes, it demands expert support that connects a provider’s failure to the harm suffered. If your loved one died following inadequate care in a rehabilitation or nursing facility, you should talk to an attorney as soon as possible. At Arfaa Law Group, our Baltimore medical malpractice attorneys understand the complexities of these claims and are committed to advocating for families who have suffered loss due to substandard care. Call (410) 889-1850 or contact us online to schedule a consultation.