Articles Posted in Nursing Home Negligence

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If you or your loved one has suffered harm while in a nursing home, you may be entitled to compensation. At Arfaa Law Group, our Baltimore nursing home negligence attorneys can examine the facts of your case and determine if malpractice took place.

The Court of Appeals of Maryland, Maryland’s highest court, has partially restored a case alleging a nursing home allowed a patient to fall twice in the same day, holding it was inappropriately directed to arbitration because the negligence claims in the case did not involve any aspect of medical malpractice. Thus, it was not subject to alternative dispute resolution, as the lower courts had held.

The issue in the case was whether claims for negligence and related claims have alleged a “medical injury” within the meaning of Maryland medical malpractice law, specifically, the Health Care Malpractice Claims Act (HCA).

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wheelchairIf you have been injured in a nursing home facility or rehabilitation center, it is important to reach out to a skilled Baltimore nursing malpractice attorney as soon as possible. Even if at first glance, your case does not seem like a medical malpractice claim – the reality is that it might be. If it is a medical malpractice claim, you need to be prepared to follow a variety of procedural guidelines. At Arfaa Law Group, we understand the nuances of this area of the law and can put our knowledge to use in your case.

The Maryland Court of Appeals granted review in a number of cases earlier this year. One of these cases addresses the issue of what constitutes an allegation of medical malpractice that invokes the Maryland Health Claims Act.

In the case at hand, the plaintiff was admitted to the nursing rehabilitation center to be treated for rehabilitation after back surgery. Two days later, the plaintiff’s mattress came loose from her bed and came sliding off the bed frame, causing the plaintiff to fall onto the floor. The rehabilitation center used a mechanical lift to put the woman back in bed, since the center is a ‘no lift’ facility. Unfortunately, the nurse who was using the mechanical lift used it incorrectly and ended up releasing the net too soon, causing the patient to drop to the floor.

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