Nursing home neglect is defined as substandard care that causes harm to the nursing home resident. Neglect in a nursing home is a serious problem that typically involves one or more of the following:
As serious as these types of neglect are, in some cases, the situation can even grow worse. Some of the worst cases of nursing home neglect and abuse can result in death of the person. In that serious of a situation, the line can be crossed from the filing of a personal injury nursing home neglect lawsuit, to filing a wrongful death lawsuit.
Wrongful death is a specific type of civil lawsuit that is usually filed against a negligent party that improperly caused the death of another person. It is different than a personal injury lawsuit in that the person who suffered the alleged neglect has passed away. In the case of a nursing home neglect situation, the loved ones of the deceased are usually the ones filing the suit against either individuals at the nursing home, and/or the facility itself.
When initiating a wrongful death lawsuit against the nursing home facility, there are four major factors that your nursing home neglect attorney will need to understand to determine if you have a strong case:
Most nursing home residents need the care of professional nursing home workers for many of their daily living needs, as well as cognitive and medical needs. But if a wrongful death has occurred in the hands of the professionals who were supposed to care for the person, the family that survives may be entitled to compensation for their damages. Wrongful death in a nursing home can be caused by many things. But typically, the causes is one or more of the following:
Many family members who survive after the patient has passed away will feel motivated to expose the nursing home or caregiver for the neglect that caused the death. In many cases, the administration of the nursing home and medical staff is just as at fault for the death as the day to day caregivers. This is because many medical professionals at nursing homes are seriously overworked and understaffed. It is normal for many facilities to put profits ahead of safety and to understaff and under train workers.
If a nursing home neglect problems becomes a wrongful death case, it is very important to consult an experienced nursing home abuse and neglect attorney in the state. These specialized attorneys can help you to obtain justice and financial compensation for the untimely death of your loved one.
Depending upon the details of the nursing home neglect and wrongful death case, the beneficiaries could be eligible for medical expenses from the results of abuse and death; funeral costs; loss of companionship; and pain and suffering.
To prove a wrongful death claim after a nursing home neglect case, the following must be proven:
Depending upon the state in which the death occurred, only certain parties can bring a wrongful death claim. These typically are the surviving spouse or domestic partner, children or any other person who would be entitled to the property of the deceased according to the laws of intestate succession.
If you've suffered injuries in a car collision caused by another party's negligence, you might…
You've been injured on the job, and you're probably wondering, "What now?" Well, you're not…
If you've been wronged by a healthcare provider, you're probably in a very vulnerable place.…
Accidents happen, but when they occur due to someone else's negligence, you should never have…
In the aftermath of an accident, you may find yourself confused and stressed, wondering what…
When you're expecting a baby, the last thing you want to think about is the…