Families entrust skilled nursing facilities with the care of their most vulnerable loved ones, relying on staff to prevent complications like bedsores that can quickly become life-threatening. When that trust is broken, the results can be devastating. A recent decision from a Maryland court demonstrates that in malpractice cases against nursing facilities, success depends not only on the care provided, but also on whether the plaintiff submits expert testimony that meets Maryland’s strict statutory requirements. If you or a loved one suffered preventable injuries in a long-term care setting, it is critical to consult a Baltimore medical malpractice attorney as soon as possible.
Case Background
It is alleged that the decedent, after suffering a stroke, was admitted to the defendant skilled nursing facility for post-acute care. The patient was entirely dependent on staff for mobility and hygiene. Despite being assessed as high risk for skin breakdown, the patient allegedly developed pressure ulcers within days of admission. These ulcers worsened into serious infections, and the patient ultimately passed away.
It is reported that the decedent’s family, through the widow, filed a negligence and wrongful death complaint against the facility. They asserted that staff failed to reposition the patient, provide proper documentation, ensure adequate nutrition, and implement effective care plans. The plaintiffs submitted a certificate of a qualified expert from a registered nurse, who opined that the facility’s breaches caused the development of the pressure ulcers.
It is alleged that the defendant moved to dismiss, arguing that only a physician could provide an opinion on causation in a malpractice case. The trial court agreed and dismissed the complaint, finding the nurse’s certification invalid.
Expert Requirements in Maryland Medical Malpractice Cases
On appeal, the court reversed, reasoning that registered nurses are not automatically disqualified from offering expert opinions in malpractice claims. Because pressure ulcer prevention and treatment are core nursing functions, a qualified nurse could provide a certificate linking substandard nursing care to the patient’s injuries.
The Supreme Court of Maryland affirmed. The Court explained that Maryland’s Health Care Malpractice Claims Act requires an expert certificate stating that a health care provider departed from accepted standards and that the departure caused the injury. Since the statute expressly includes nurses as “health care providers,” a registered nurse may serve as a certifying expert in appropriate cases. The Court emphasized, however, that nurses may only testify about breaches of nursing standards and related causation, not about physician-specific duties such as prescribing medications. In this case, the nurse’s certificate was sufficient because it addressed the nursing care that allegedly led to the pressure ulcers.
Talk to a Skilled Baltimore Medical Malpractice Attorney
Families pursuing claims against nursing homes must comply with strict procedural rules and present qualified expert support at the outset. If your loved one developed preventable injuries such as pressure ulcers in a long-term care facility, the skilled Baltimore medical malpractice attorneys at Arfaa Law Group can provide the advocacy you need. Call our office at (410) 889-1850 or complete our online contact form to schedule a consultation and learn more about your legal options.