Annapolis, MD asked in Nursing Home Abuse for Maryland

Q: "After my Mother's death, talking to the rest of the family, we think there may have been some abuse

related to her death in the nursing home. The issue is she was cremated. Is there anything we can do here?

Related Topics:
1 Lawyer Answer
Jack D. Lebowitz
Jack D. Lebowitz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Nursing Home Abuse Lawyer
  • Owings Mills, MD
  • Licensed in Maryland

A: It sounds like you are asking if the lack of an autopsy in Maryland eliminates a potential claim for nursing home negligence in a survival action (for your mother's pain and diminished quality of life due to the alleged abuse) and/or wrongful death action that you could potentially bring if your mother died earlier than she would have if no abuse had occurred. The answer is that an autopsy can sometimes add significant facts to support a nursing home negligence case, but it is not required in all cases. The benefit of an autopsy is dependent on the facts of the case, and there are many times when medical records and other facts are sufficient to prove that the medical and/or nursing care was substandard, and that the bad care caused injury and maybe even death to someone like your mother.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.