Sample Nursing Home Complaint

This sample nursing home complaint illustrates a lawsuit filed on behalf of a deceased nursing home resident, alleging serious violations of medical standards, wrongful death, and gross neglect by a well-known nursing home operator.The names and certain details in this complaint have been modified for privacy, but the core factual narrative is consistent with the tragic reality faced by too many Maryland families.

This example is intended to be helpful to attorneys seeking guidance on structuring a wrongful death and survival action against a nursing home.

COMES NOW the Plaintiff, Jack Dakota, by and through undersigned counsel, Ronald V. Miller, Jr. of Miller & Zois, LLC, and brings this civil action against Defendant Manor Care of Rossville, and for cause states as follows:

This is a civil action arising out of the wrongful death of Willonell Dakota, a vulnerable nursing home resident who died as a direct result of the Defendants’ grossly negligent care and failure to comply with well-established standards of medical practice and custodial oversight. The Defendants—tasked with safeguarding the health and dignity of elderly individuals—breached their legal and moral obligations by allowing systemic failures in infection control, clinical supervision, and basic nursing care to cause the avoidable and painful death of the decedent.

Plaintiff brings this suit pursuant to Maryland’s Wrongful Death Statute (Courts & Judicial Proceedings § 3-904) and the Maryland Health Care Malpractice Claims Statute (Courts & Judicial Proceedings § 3-2A-01 et seq.), seeking justice on behalf of the Estate of Willonell Dakota and her surviving children. The allegations set forth herein are based upon records, investigations, and facts that will be proven at trial.

Facts

1. Jack Dakota is a State of West Virginia resident and the son of the late Willonell Dakota. He was duly appointed and is currently serving as the Personal Representative of her Estate. In that capacity, he brings this action both individually and on behalf of the Estate to seek justice for the injuries and preventable death suffered by his mother during her time in the care of the Defendants.
2. The Estate of Willonell Dakota was formally opened and established in Maryland under applicable probate laws. It is a recognized legal entity under Maryland law, with Jack Dakota authorized to act on its behalf and to pursue all legal claims stemming from the decedent’s wrongful death and associated injuries sustained during her care at Manor Care of Rossville.
3. In addition to Jack Dakota, the decedent is survived by two other adult children: Larry H. Dakota, Jr., and Mary A. Halcott. Both individuals had close familial and emotional relationships with their mother and are proper beneficiaries under Maryland’s Wrongful Death Statute. Their loss is both personal and significant, as they endured the trauma of watching their mother’s health deteriorate unnecessarily due to negligent care.
4. Pursuant to Maryland Rule 15-1001, Larry H. Dakota, Jr. and Mary A. Halcott are named as “use plaintiffs” in this action. While separate counsel does not currently represent them, they have been made aware of this litigation and have consented to the inclusion of their claims for emotional harm and pecuniary loss suffered as a result of the untimely death of their mother.
5. Willonell Dakota died on April 29, 2024, in Baltimore County, Maryland. Her death occurred just two weeks after she was transferred from Manor Care of Rossville to Franklin Square Hospital in acute medical distress. Her deterioration, including the onset of sepsis and multi-organ failure, was the direct result of systemic failures in care and gross neglect while a resident of the Manor Care facility.
6. This legal action is brought under both the Maryland Wrongful Death Statute (Courts & Judicial Proceedings § 3-904) and the Maryland Health Care Malpractice Claims Statute (Courts & Judicial Proceedings § 3-2A-01 et seq.). Plaintiffs seek damages for the pain and suffering endured by Willonell Dakota before her death, as well as compensation for the losses sustained by her surviving family members due to the wrongful conduct of the Defendants.
7. Manor Care of Rossville is a licensed skilled nursing facility located at 6600 Ridge Road, Baltimore, Maryland 21237. At all relevant times, it operated as a provider of long-term and rehabilitative care for elderly and post-surgical patients, including the decedent. The facility held itself out as capable of delivering complex post-operative care, including the management of surgical wounds and ostomy systems.
8. On March 29, 2024, following abdominal surgery, Willonell Dakota was admitted to Manor Care of Rossville for post-operative recovery and rehabilitative therapy. During her stay, she was dependent on staff for the care and maintenance of multiple surgically created ostomy sites, including colostomy and ileostomy bags. She remained at Manor Care until April 25, 2024, when her condition had deteriorated so significantly that she required emergent transfer to a nearby hospital.
9. While under the care of Manor Care’s staff, the facility failed to implement even the most basic infection prevention protocols, exposing the patient to an entirely avoidable medical crisis. The ostomy sites—critical areas requiring constant vigilance and sterile management—were neither routinely inspected nor adequately cleaned, and their condition documentation was inconsistent or absent. Nursing staff neglected to change soiled or leaking ostomy bags in a timely manner, allowing digestive waste to repeatedly spill onto the patient’s abdomen and remain in contact with her skin for extended periods. This caused severe irritation and the breakdown of protective dermal layers, resulting in the exposure of raw, vulnerable tissue. Over time, the continued exposure to harsh digestive enzymes and bacteria-laden fluids created an ideal environment for pathogens to take hold, ultimately triggering a cascading infection that progressed into full-blown sepsis—a condition that could have been entirely prevented with competent, attentive care.
10. Despite clear and progressive signs of infection—including fever, changes in mental status, foul-smelling discharge, and abnormalities in lab results—facility staff failed to notify the attending physicians in a timely manner. Moreover, no corrective action was taken to re-evaluate or escalate the patient’s treatment. Nursing staff and administrators either ignored or failed to recognize red flags that would have prompted immediate medical intervention in any competent care environment.
11. The Defendants, through their employees, agents, and medical personnel, breached the applicable standard of care in numerous ways: by failing to conduct routine assessments of the ostomy sites, by neglecting to order or perform diagnostic tests to monitor for infection, and by delaying transfer to a higher level of care despite rapidly worsening clinical indicators. These breaches were not isolated but reflect a systemic breakdown in staff training, supervision, and communication.
12. As a direct result of these failures, Willonell Dakota developed sepsis and eventually entered multi-organ failure. By the time she was transferred to Franklin Square Hospital, her condition was grave and irreversible. She died a few days later, not from natural causes, but from a cascade of preventable complications that began with the Defendants’ negligence and refusal to adhere to well-established medical protocols.
13. Jurisdiction and venue are proper in Baltimore County, Maryland, pursuant to Maryland law, as the negligent acts and omissions giving rise to this claim occurred at the Manor Care facility located in that jurisdiction.

Count I – Negligence / Medical Malpractice

14. Plaintiffs incorporate paragraphs 1–13 as though fully set forth herein.
15. From March 29, 2024, and continuing thereafter, Defendants breached their duties through their employees and agents by failing to provide appropriate medical care, resulting in physical injury, suffering, and death.

WHEREFORE, Plaintiffs seek damages in an amount to be determined at trial, plus costs and any other relief deemed just and proper.

Count II – Wrongful Death

16. Plaintiffs re-allege and incorporate all prior allegations.
17. Defendants’ deviation from the standard of care directly caused Willonell Dakota’s death.
18. Surviving family members suffered pecuniary loss, mental anguish, and emotional trauma as a direct result.
19. This claim is timely under Maryland’s Wrongful Death Statute, Courts & Judicial Proceedings §3-904.

WHEREFORE, Plaintiffs seek compensatory damages for wrongful death, costs, and other relief as appropriate under Maryland law.

Respectfully submitted,
Miller & Zois, LLC
Ronald V. Miller, Jr.
1 South St, #2450
Baltimore, MD 21202
(410) 779-4600