Super Lawyers
Justia Lawyer Rating for Ronald V. Miller Jr.
Best Law Firms
Avvo Rating - 10
Million Dollar Advocates Forum
Litigator Awards

Nursing Home Negligence Lawsuit in Baltimore City

Jones v. Westgate Hills Rehabilitation Center

wrongfuldeathThis is a nursing home negligence lawsuit filed on behalf of the family of a man in Baltimore City who died after swallowing a penny. This wrongful death claim was filed in Health Claims Arbitration on March 17, 2017, and is the 123rd medical malpractice case filed in Maryland in 2017.

Summary of Plaintiff's Allegations

A man is a long-term resident of defendant Westgate Hills Rehabilitation Center, a very average ranked nursing home in Baltimore City. He is bedbound, immobile, cognitively impaired, and dependent on the use of a feeding tube and colostomy bag. After about six years, he is allowed to swallow a penny while only being fed and given water through a feeding tube.

His family alleges that as a result of the defendant's negligence, he suffered permanent injuries. These include lacerations to his esophagus, a block to his gastrointestinal tract, and hospitalizations. As a result of these injuries, the man died. The family's nursing home lawyers claim that if defendant had provided care that was within the medical standard, the man would have enjoyed a normal life expectancy in accordance with his condition.

Additional Comments
  • Obstruction of the upper airway by food or other foreign objects is a well-known cause of sudden unexpected death. It is surprising there is no claim that instruments to extract foreign objects should be readily available in nursing homes. Arguably a nursing home should have rat-tooth forceps to remove coins that particularly kids tend to swallow. Perhaps the man died long before anyone was in position to try to extract the coin.
  • Big questions that have to be answered: how did the coin get in his room and how long was it there?
  • We try to speak frankly about how juries will view the medical malpractice cases we summarize. Are there some jurors who are going to believe that young man led a very difficult life and is no better off? Even if they believe that, might so angry at the nursing home they focus instead on their mistakes?
  • Baltimore City
  • Westgate Hills Operator, LLC (Westgate Hills Rehabilitation and Healthcare Center)
  • Failure to adequately monitor, assess, and treat plaintiff's medical condition
  • Failure to ensure plaintiff was properly hydrated and nourished
  • Failure to ensure plaintiff's changes in condition were properly observed, assessed, monitored, and reported to an appropriate physician
  • Allows plaintiff to access a penny and allowing him to swallow the penny
  • Failure to adequately assess, monitor, care, treat, and maintain plaintiff's condition
Specific Counts Pled
  • Negligence - Survival Action
  • Wrongful Death Action
Plaintiff's Experts and Areas of Specialty
  • None at this time
Getting a Lawyer for Your Nursing Home Negligence Claim

If you or someone you know has suffered due to the negligence of a doctor or nursing home staff, the lawyers at Miller & Zois can help you. Miller & Zois has a very long history of results in nursing home negligence cases in Maryland, earning large verdicts and settlements. Call us today at (800) 553-8082 or get a free online case review.

More Malpractice Claim Information
Client Reviews
When my sister was killed, we turned to Miller & Zois to fight for us. They stood by us every step of the way and we ended up getting more money than we asked for. C.B. (Baltimore City)
My prior lawyer was not able to get the insurance companies to offer a single penny in my case. Then my lawyer referred me to Ron and Laura. It was a long fight and they fought for me every step of the way. My case settled for $1.31 million. A.A. (Baltimore City)
I did not get an offer for my case because the insurance company said they were denying coverage. My lawyer then referred me to Miller & Zois. After Miller & Zois got involved, the offer was raised to $150,000. We thought that was not fair so Miller & Zois took my case to arbitration. Our case was well prepared and perfectly executed. The arbitrator awarded me $405,000. R.V. (Anne Arundel County)
I refer all of my serious injury cases in Maryland to Miller & Zois because they turn over every last stone to maximize the value of their case. The last case I referred to them settled for $1.2 million. John Selinger (New York personal injury lawyer)
As former insurance defense lawyers, Miller & Zois 'know the other side's playbook'. Lawyers Weekly USA