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Federal and State Nursing Home and Malpractice Statutes
Federal Laws regarding Nursing Homes or Skilled Nursing Facilities
In 1987, President Ronald Reagan signed into law the first major revision of the federal standards for nursing home care since the 1965 creation of both Medicare and Medicaid. This landmark legislation, known at Omnibus Reconciliation Act of 1987 (OBRA 1987) changed society’s legal expectations of nursing homes care.
Virginia Statutes Related to Nursing Homes and Malpractice Lawsuits
Virginia has many unique statutes that impact nursing home and malpractice cases. Non-lawyers should consult with legal counsel before attempting to pursue a case pro-se. Legal practitioner reviewing this cite should update all statutes before relying on any citations, as code provisions are periodically updated or changed.
Relevant Maryland Malpractice and Related Statutes
In Maryland, all malpractice cases must be filed within 3 years of the time that the injury was discovered or within 5 years of the date the injury was committed. The five-year period generally applied where you were unable to discovery the injury within the 3 year period. Wrongful death actions are also 3 years.
District of Columbia, Relevant Malpractice Statutes
Unlike Maryland and Virginia, the District of Columbia has no medical malpractice caps limiting recovery. The District does not require prior certificates of merit from experts, although, as a practical matter, the Plaintiff will need an expert in most cases to prove his case.