Nursing Home Litigation
date of death. As with a personal injury action brought on behalf of a living client, damages include past medical expenses, past loss of earning and past noneconomic damages. Funeral expenses up to $10,000 also are recoverable on behalf of the Estate. MCPJI 10:25. Additionally, a wrongful death action may be brought by
proscribed statutory beneficiaries. Tese beneficiaries are limited to the spouse of the decedent, living parents of the decedent, and living children of the decedent. Cts. & Jud. Proc. Code Ann. § 3-904(a). If there is no such person who qualifies under this section, an action may be brought “for the benefit of any person related to the deceased person by blood or marriage who was substantially dependent upon the deceased.” Cts. & Jud. Proc. Code Ann. §-904(b). Where the negligence of the health care provider was a cause of the death of your client, and there are statutory beneficiaries, “the total amount awarded for noneconomic damages for all actions may not exceed 125% of the limitation established under paragraph (1) of this subsection, regardless of the number of claims, claimants,
beneficiaries, or defendants.” Cts. & Jud. Proc. Code Ann. § 3-2A-09(b)(2)(ii).
For wrongful death actions arising after
January 1, 2011, the 125% cap totals $868,750. Noneconomic damages to be considered are for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, parental care training, guidance or education, (in the case of a child), marital care (in the case of a spouse), attention, advice, and counsel. MCPJI 10:22, 10:24. In addition to the potential damages described above, there
are additional non-traditional avenues potentially available to recover damages.
3. Recovery Under the Maryland Consumer Protection Act
Te Maryland Consumer Protection Act was passed by
the General Assembly of Maryland in response to “mounting concern over the increase of deceptive practices in connection with sales of merchandise, real property, and services and the extension of credit.” Commercial Law Code Ann., §13- 102(a). In passing the Act, the General Assembly concluded “it should take strong protective and preventative steps to investigate unlawful consumer practices, to assist the public in obtaining relief from these practices, and to prevent these practices from occurring in Maryland.” Id. at 13-102(b)(3). It was the express purpose of the Maryland Consumer Protection Act “to accomplish these ends and thereby maintain the health and welfare of the citizens of the State.” Id. Courts were also instructed that the Maryland Consumer
Protection Act “shall be construed and applied liberally to promote its purpose.” Commercial Law Code Ann., §13-105. Te Maryland Consumer Protection Act provides:
Trial Reporter / Fall 2011 43
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