Sample Nursing Home Wrongful Death Lawsuit

Below is a sample wrongful death nursing home complaint. You can find more nursing home litigation pleadings and discovery samples at the bottom of this page.

IN THE CIRCUIT COURT FOR WASHINGTON COUNTY

MIKE DENVER
4633 Highway Drive
Hagerstown, MD 21742

and

STEVE DENVER
202 Bull Point Road
Duck, North Carolina 27949

and

CINDY DENVER, Individually
4633 Highway Drive
Hagerstown, MD 21742

and

CINDY DENVER as
Personal Representative for the
Estate of Roger Parks

Plaintiffs

vs.

MERITUS MEDICAL CENTER, INC.
(formerly known as Washington County Hospital Association)
251 East Antietam Street
Hagerstown, MD 21740

Defendant

SERVE ON RESIDENT AGENT:

James P. Hamil
251 East Antietam Street
Hagerstown, MD 21740

CASE NO.:

Complaint

Mike Dever, Steve Denver, Cindy Denver, individually, and as Personal Representative of the Estate of Roger Denver, Plaintiffs herein, by their attorneys, Ronald v. Miller, Jr., and Miller & Zois, LLC, and hereby file this lawsuit against the above-named Defendant and in support thereof states as follows:

Facts

1. That Mike Denver is a resident of the State of North Carolina and is the surviving son of the late Roger Denver.
2. That Cindy Denver is the surviving daughter of the late Roger Denver and is the Personal Representative of the Estate of Roger Denver and resides in the State of Maryland.
3. That Steve Denver is the surviving spouse of the late Roger Denver and resides in the State of Maryland.
4. That Roger Denver died on June 19, 2018, at Washington Hospital Center, now known as Meritus Medical Center, Inc. in Washington County, Maryland.
5. That at all times herein Washington Hospital Center, now known as Meritus Medical Center, Inc. was and still is a viable Maryland Corporation with its principle place of business located at 251 East Antietam Street, Hagerstown MD.
6. That pursuant to Maryland Rule 15-1001, all persons who are entitled to bring a wrongful death action under applicable Maryland laws are named as Plaintiffs in this complaint and are being represented by Ronald V. Miller, Jr., Rodney M. Gaston and Miller & Zois, LLC.
7. That this action is being brought under both the Maryland Wrongful Death Statute and the Maryland Statutes about actions involving medical malpractice.
8. That Defendant Meritus Medical Center, Inc. (previously known as Washington Hospital Center) is a Maryland Corporation providing medical services to the citizens of Maryland, including the Roger Denver, with its principal place of business located at 251 East Antietam Street, Hagerstown Maryland.
9. That at all times relevant herein the Defendant owned and operated a Hospital located at 251 East Antietam Street, Hagerstown Maryland.
10. That the late Roger Denver was a patient at the Defendant’s hospital at 251 East Antietam Street, Hagerstown MD and received medical care and treatment at the Defendant’s hospital from the time period of approximately March 4, 2018, up to the time of his death on June 4, 2018.
11. That at all times relevant, the Defendant employed various medical providers, nurses, and medical staff, at its Hospital located at 251 East Antietam Street, Hagerstown, MD to include but not limited to David Malik, M.D., and Nancy Schmidt, R.N., and these employees/servants/agents were acting within the scope of their employment with the Defendant when they rendered medical care to the late Roger Denver. They failed to follow the applicable standard of medical care during their care and treatment of the late Roger Denver, at 251 East Antietam Street, Hagerstown, Maryland which proximately resulted in a physical injury to the late Roger Denver and proximately caused his death.
12. That the amount of this claim exceeds the jurisdictional limit of the District Court of Maryland and the appropriate venue for this claim is Washington County Circuit Court, Maryland because the medical care provided to the late Roger Denver by the Defendant and its agents and employees occurred in Washington County, Maryland and the wrongful death of the late Roger Denver occurred in Washington County Maryland.
13. That the acts of medical malpractice leading to the death of Roger Park occurred on or about March 24, 2018, in the State of Maryland.
14. That the standard of medical care applicable to the Defendant for the medical care and treatment it provided to the late Roger Denver (also referred to herein as the “patient”) while he was an inpatient at the Defendant’s hospital included but was not limited to: 1) order a one to one sitter, 2) order a posey restraint, and 3) request that a physician order a prescription for a one to one sitter after informing the patient’s family that a sitter would be provided for the patient.
15. That the Defendant, by and through its nurses, employees, and medical staff, breached the standard of applicable medical care owed to Roger Denver by 1) failing to order a one to one sitter for the patient, 2) failing to provide a posy restraint for the patient, 3) failing to request that a physician write a prescription for a one to one sitter after informing the patient’s family that a sitter would be provided for the patient. That attached hereto and incorporated by reference herein are the Plaintiffs’ Certificate of Qualified Expert (Exhibit 1) and Plaintiffs’ Expert Report (Exhibit 2). Note: these are necessary to bring a nursing home lawsuit in Maryland.
16. That as a direct and proximate result of the Defendant’s failure to provide the proper medical care mentioned in paragraph number 14 above, and by breaching the applicable standard of medical care owed to the late Roger Denver, by and through its employees/servants, the late Roger Denver fell in the defendant’s hospital, suffered a physical injury, which in turn was the proximate cause of his death.
17. That all of the injuries, damages, and death sustained by the late Roger Denver resulted from the negligent actions and breaches of the applicable standards of medical care by the Defendant by and through its employees and agents, without any act or omission on the part of the late Roger Denver, or on the part of any of the Plaintiffs herein, directly thereunto contributing.
18. That the late Roger Denver, and all of the Plaintiffs herein, did not assume the risk of Roger Denver’ injuries and death.
19. That as a direct and proximate result of the negligent actions and breaches of the applicable standards of medical care by the Defendant; Roger Denver suffered physical injuries, conscious pain and suffering, and other damages.
20. That the Plaintiff has complied with all applicable Maryland Laws, and has met all conditions precedent to the filing this action in the Circuit Court for Washington County by first filing a claim against the Defendant in the Maryland Health Care Alternative Dispute Resolution Office under case number 2019-308, by waiving out of the Heath Claim’s office, and by obtaining an Order of Transfer from Director Harry L. Chase transferring this action to the Circuit Court for Washington County. A copy of the Order of transfer is attached hereto as Exhibit 3 and incorporated by reference herein.

COUNT I: Medical Malpractice/Wrongful Death

21. The Plaintiffs re-allege and incorporate by reference herein all of the allegations contained in paragraphs 1-20 above.
    
22. That on or about March 4, 2018, and thereafter, the Defendant, by and through its employees/servant/agents breached the applicable standard of medical care owed to the late Roger Denver, which directly caused a physical injury and death of Roger Denver on June 4, 2018.
23. That as a direct result of the negligence and breaches of the applicable standard of medical care by the Defendant, by and through its nurses, employees, and medical staff, resulting in the death of the late Roger Denver, the Plaintiffs sustained those damages as outlined in the Annotated Code of Maryland, Courts and Judicial Proceedings Article, Section 3-904, to include but not limited to, mental anguish, emotional pain and suffering, and loss of companionship.

WHEREFORE: The Plaintiffs Steve Denver, Mike Denver, and Cindy Denver, individually, claim monetary damages against the Defendant in an amount that exceeds the jurisdiction of the District Court of Maryland, to be determined at trial, plus costs, and for any further relief that this Honorable Court determines necessary and appropriate.

COUNT II Medical Malpractice / Negligence / Survival Action

24. The Plaintiffs re-allege and incorporate by reference herein all of the allegations contained in paragraphs 1-23 above.
25. That the Estate of Roger Denver was opened on or about January 10, 2019, in Washington County, Maryland and Cindy Denver was appointed as Personal Representative of the Estate.
26. That Cindy Denver as the Personal Representative of the Estate of Roger Denver brings this claim for the conscious pain and suffering and physical injuries, medical expenses, and other damages that the late Roger Denver experienced from March 26, 2018, up until the time of his death on June 4, 2018, as a direct and proximate result of the negligence and breaches of the applicable standard of medical care by the Defendant, by and through its nurses, employees, and medical staff.

WHEREFORE: Plaintiff Cindy Denver, as Personal representative of the Estate of Roger Denver claim monetary damages against the Defendant in an amount that exceeds the jurisdiction of the District Court of Maryland, to be determined at trial, plus costs, and for any further relief that this Honorable Court determines necessary and appropriate.

Respectfully submitted,
Miller & Zois, LLC
Rodney M. Gaston
1 South St, #2450
Baltimore, MD 21202
(410) 779-4600
(410) 760-8922 (facsimile)
Attorneys for Plaintiffs.

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