A Maryland personal injury attorney recently secured a $10 million verdict in a nursing home case, marking their third successful nursing home verdict in the past 18 months, following previous awards of $9.045 million and $1.5 million. These results weren’t luck or coincidence, but rather the product of meticulous preparation and strategic execution. Here are the key lessons that led to this success:
Finding Your Story
Every case needs a compelling narrative that binds the facts together. In this case, the defense portrayed the deceased as a chronic alcoholic with numerous health issues who refused care. While these facts were true, the attorney’s narrative focused on a vulnerable man grieving the loss of a family member who turned to alcohol to cope. After breaking his hip, he needed support during this difficult time. The hospital provided excellent care, treating his fracture, alcohol withdrawal, and pneumonia before discharge. However, when he arrived at the nursing home and pulled out his IV line, the facility essentially abandoned him, leading to fatal dehydration.
Building a Strong Support Team
Having trusted colleagues who provide honest feedback is crucial. During trial, the attorney initially struggled with execution after facing numerous objections and two mistrial motions before the second day. Their trial paralegal of seven years candidly pointed out performance issues during a recess, allowing for a mental reset and subsequent powerful cross-examination of the defendant’s Director of Nursing.
Persistence Pays Off
The nursing home’s records showed they documented providing water to the patient even when he wasn’t present—clear evidence of false charting. Rather than worrying about overemphasizing this point, the attorney consistently highlighted these discrepancies throughout the trial. The jury became increasingly engaged rather than annoyed by the repetition. Surprisingly, the defense failed to adequately address these falsifications, instead focusing on the patient’s alcoholism and difficult behaviors.
No Shortcuts to Success
True courtroom success requires substantial preparation. The legal team conducted a mini mock trial, multiple focus groups, spent hundreds of hours analyzing medical records, and strategically planted “landmines” in their case. They anticipated the defense’s theories and prepared counterarguments in advance, even creating PowerPoint slides ready to deploy during rebuttal.
What truly sets successful plaintiff attorneys apart isn’t the pursuit of money, but the pursuit of justice. Many clients will decline substantial settlement offers for the opportunity to hold negligent nursing homes accountable through public trials. In this case, the clients had that determination, and as the attorney told the jury: “the nursing home didn’t have any water to put out their fire, or they would have given it to the deceased and he wouldn’t have thirsted to death.”