Losing someone you love is a tragic, devastating experience. When the death happens while your loved one is living at a nursing home, and their death is due to nursing home neglect or abuse, it’s more overwhelming. The pain of losing a loved one due to neglect by those who should be caring for them is unimaginable.
If you believe that the death of your loved one was a result of nursing home abuse or neglect, you might be entitled to file a wrongful death lawsuit. Filing a wrongful death suit against a nursing home is a complex venture. You need the help of successful and experienced nursing home abuse lawyers to seek compensation.
What Constitutes a Wrongful Death?
A wrongful death can occur anywhere, but it’s especially hurtful when it’s at a nursing home. Wrongful death, in legal terms, is when a death occurs because of negligence, abuse, or reckless or intentional actions by another party.
Regarding nursing homes, wrongful death is when a resident passes away because of elopement, neglect, abuse, or substandard care. The main component in a wrongful death suit within nursing homes is that the death can be prevented in almost every case had proper procedures and standards been followed.
Wrongful deaths in nursing homes are very sensitive because of the vulnerable nature of the elderly population. They already have below-perfect health status, and nursing home negligence playing a role in their passing makes it more complicated.
When trust is broken between family members, residents, and the nursing home, family members can seek justice and compensation on behalf of their loved ones.
Causes of Wrongful Death in Nursing Homes
Wrongful death in a nursing home or assisted living facility can happen for various reasons. The common causes of wrongful death in these settings are:
Falls: Fall prevention is a significant concern in nursing homes, as staff should take precautions to ensure falls are minimal. When the elderly fall, they’re already at risk for serious injury. One wrong fall can lead to a slew of issues and, eventually, death.
Neglect: Neglecting residents’ needs, no matter what they are, can lead to accidents and a decline in health status, even death.
Infections: Many infections are preventable, but when nursing home staff don’t take precautions like separating contagious residents, using hand-washing protocols, and more, it can make things worse.
Medication Errors: Failing to provide the correct medication, the proper dosage, or administer the medication at all can lead to serious health issues and death.
Bedsores: Nursing home staff should ensure they regularly help residents move. Laying in one position for too long can lead to painful and infected bedsores.
Choking or Aspiration: Failing to supervise residents who require it during meal time to prevent choking.
Wandering and Elopement: When there aren’t appropriate safety protocols in place, and a nursing home resident gets out of the facility without supervision, accidents can happen, including death.
Physical Abuse: Nursing home staff who purposely harm residents or accidentally use excessive force can lead to issues.
Dehydration and Malnutrition: Neglecting to provide residents with appropriate nutrition and hydration can lead to several health complications and potentially death.
Failure to Diagnose: Overlooking medical symptoms or delaying treatment for serious medical issues can be fatal.
Nursing Home Responsibilities and Standards Towards Nursing Home Residents
Every nursing home is responsible for ensuring residents are cared for to the best of their ability. The standard of care is high, and when it’s not met, the nursing home can be held liable for negligence.
Duty of Care in Nursing Homes
Nursing homes have to provide a high standard of care to residents. This is a legal and ethical obligation. The duty of care encompasses different parts of the resident’s well-being, including their physical and emotional health, quality of life, and safety. Responsibilities of the nursing home staff include:
Protecting the residents from neglect and abuse
Maintaining a safe and clean environment
Providing adequate medical care and monitoring
Ensuring enough and proper nutrition and hydration
Preventing and treating bedsores
Administering medications correctly
Implementing fall and elopement prevention strategies
Offering social and recreational activities
Respecting the residents’ dignity and rights
When they can’t provide the level of care they’re supposed to, it can lead to the wrongful death of a resident. Common breaches of this duty of care that can lead to the wrongful death of a resident are:
Failing to implement proper infection control procedures
Understaffing, which means inadequate supervision and care
Ignoring or downplaying residents’ medical complaints
Failing to train staff members properly
Neglecting to keep the nursing home safe
To ensure that nursing homes are maintaining the level of care that they should be, and therefore preventing wrongful death, they should:
Conduct regular health assessments and update care plans accordingly
Have emergency response plans in place
Implement medication management systems
Monitor nutrition and hydration
Failing to conduct risk assessments and develop prevention programs
Regulatory and Legal Standards
It’s not just that nursing homes should abide by their ethical obligations, but they are legally required to. State and federal regulations are in place to ensure that nursing home residents are safe and receive proper care. Some critical federal regulations are:
The Centers for Medicare and Medicaid Services (CMS) sets forth regulations for programs that take Medicare and Medicaid [1]
The Nursing Home Reform Act of 1987 establishes the basic standard of care and rights that nursing homes have to provide to residents [2]
Every state has its regulations in place, and it’s essential to check with the state licensing agency where you’re at. They can regulate things like:
Staffing ratios
Facility licensing and inspection procedures
Staff training and qualification requirements
Specific care protocols for certain medical conditions
Nursing homes can help prevent wrongful death by following all state and federal regulations. They have to:
Report abuse and neglect, including unexplained injuries
Maintain detailed records of care for every resident
Develop and implement quality assurance and improvement programs
Undergo periodic inspections by state and federal agencies
There’s not just one organization responsible for ensuring that a nursing home upholds its legal obligations. Some of these regulatory bodies include:
Adult Protective Services handles cases of elder abuse and neglect
The Centers for Medicare and Medicaid Services oversees all Medicare and Medicaid certifications and conducts inspections
State licensing boards will oversee the licensing of all nursing homes within their designated state
Legal Implications of Wrongful Death
When a nursing home is potentially liable for the wrongful death of one of its residents, the legal implications can be severe.
Identifying Negligence and Liability
One of the first steps in filing a wrongful death lawsuit is establishing who is liable and if negligence played a role in the death. Negligence in these cases usually is due to not providing the expected standard of care. Signs of nursing home negligence and abuse include:
Sudden and unexplained weight loss
Dry skin and other signs of dehydration
Unexplained injuries or a rapid decline in health
Frequent falls or accidents
Development of bedsores and skin conditions
Unsanitary living spaces
Over or under-medicating residents
Signs of financial exploitation
Unexplained bruises, cuts, broken bones
Infections that weren’t treated properly or promptly
Signs of emotional distress or withdrawal
One can assume that the nursing home is liable due to negligence, but you have to prove it when filing a wrongful death case. You and your nursing home abuse and neglect attorney can prove negligence by:
Obtaining and looking over medical records
Consulting with medical experts to establish if a standard of care was breached
Analyzing facility policies and procedures
Interviewing nursing home staff and other residents
Gathering photographic evidence of the unsafe conditions or injuries
Collecting witness statements from family members, other residents, and nursing home visitors
Whether the nursing home failed to provide the standard of care on purpose or was negligent, proving the facility or even specific staff members was negligent is vital in your case.
Legal Rights of Families
Family members whose loved ones passed away due to negligence or abuse have rights. Their rights in wrongful death cases vary by state, but generally their rights include:
Filing a wrongful death lawsuit
Right to compensation for damages incurred due to the wrongful death
Right to information surrounding their loved one’s care and what led up to their early passing
Having a thorough investigation of the events leading up to their death
Right to protection from retaliation from the nursing home or its staff members
Right to experienced legal representation
Ability to choose a different care provider for those still within the facility
Right to privacy
Hiring a nursing home wrongful death attorney will help family members navigate through the waters of a lawsuit to ensure those responsible are held accountable.
Role of a Nursing Home Wrongful Death Attorney
A nursing home abuse lawyer will play a vital role when it comes to family members filing a wrongful death lawsuit and seeking justice. They have the experience, knowledge, and compassion to guide them through the process. Attorneys combine their knowledge and experience of elder, personal injury, and wrongful death law to succeed.
Investigation and Evidence Collection
One of the roles a nursing home wrongful death attorney has is to help investigate and collect evidence for your case. The process they take for investigating and gathering evidence will vary from firm to firm, but it generally involves:
Collecting and reviewing all medical records from the nursing home and other applicable records
Speaking with witnesses at the nursing home about the incident and events leading to the wrongful death
Consulting with medical experts who can provide testimony that solidifies the wrongful death was due to negligence on the part of the nursing home or specific staff members
Going over facility records to ensure procedures were followed and where deficits were
Reviewing all state inspection reports to see if they have a history of negligence
Gathering physical evidence like photos of the resident’s living conditions and injuries prior to the death
Legal Representation and Advocacy
As your legal representation, nursing home wrongful death lawyers are here to be your biggest advocates and protect your rights. Their responsibilities include:
Thoroughly explaining your legal rights and options so you can make the best decision
Representing the family in court or in settlement proceedings
Filing the wrongful death suit and handling the paperwork that goes along with it
Offering emotional support when they can
Protecting the family’s rights and interests
Handling communication between parties
Negotiation With Insurance Companies and Litigation if Necessary
Your attorney has a duty to handle negotiations and litigation for you. Their responsibilities include:
Engaging in settlement negotiations to ensure you get the maximum compensation for the damages incurred
Preparing for trial (if applicable) by preparing documents and witnesses and developing a strong legal strategy
Having a strong courtroom presence and ensuring all legal proceeds are followed correctly
Steps to Take After a Wrongful Death Incident
It’s hard to think about anything but your loved one after their death, but if you feel like the nursing home is responsible due to negligence, knowing what to do after can be helpful.
Immediate Actions
After your loved one passes away, when you’re ready, these are the things you’ll want to do sooner rather than later:
Report the death and events leading to the death to the nursing home administration, local law enforcement, your state’s department of health, adult protective services, or the state licensing agency
Document everything you can about the incident and death
Gather evidence like personal belongings, an incident report from the nursing home, and copies of all your loved one’s medical records
Find someone to do an independent medical exam
Legal Consultation
After you do the above, you’ll want to consult with a lawyer who knows about wrongful death lawsuits and nursing home neglect. Some ways you can prepare for your consultation with these types of law firms are:
Preparing documentation and the evidence
Talking about different legal strategies and options
This consultation is an opportunity for you to talk with someone knowledgeable about wrongful death lawsuits. You can work together to develop the right strategy to hold the nursing home accountable.
What Compensation Can Be Pursued in a Wrongful Death Case?
When you file a nursing home wrongful death lawsuit, you can seek compensation for various damages. Some of the most common types of compensation sought include:
Medical expenses for the medical bills incurred due to the illness or injury that led to the death of your loved one
Funeral and burial costs
Loss of financial support for the financial support the loved one was providing to the family members
Loss of companionship or consortium, which is the loss of love and affection from the loved one
Pain and suffering that the resident went through before their death
Punitive damage in the case of severe negligence or intentional misconduct
Loss of services, which covers any services the resident would’ve been able to provide for their family before their death
Mental anguish can cover counseling services for the surviving family
Loss of inheritance
How Long Do I Have to File a Wrongful Death Claim?
Most crimes, including wrongful death, have a statute of limitations on them. The statute of limitations for filing a wrongful death lawsuit varies from state to state. Ensuring that you file your claim within your state’s timeframe is key to seeking justice and compensation.
Generally, the statute of limitations for a wrongful death lawsuit is two to three years, but it’s important that you check with your state. In rare cases, the courts make an exception for the statute of limitations. This typically has to be in the event of serious negligence and abuse.
Given the variables that can impact your wrongful death lawsuit, it’s important to take action immediately to ensure that no one is gets away with negligence.
Contact Skilled Wrongful Death Lawsuit Lawyers
Losing a loved one is never easy, especially when it’s because of the negligence of the nursing home that was supposed to take care of them. While nothing will bring back your loved one, filing a wrongful death suit can help you get compensation for your loss, hold the nursing home and staff accountable, and give you a sense of justice.
Working with a nursing home abuse lawyer who understands how to handle wrongful death claims is crucial for success. The attorneys at the Nursing Home Law Center have the knowledge, experience, and dedication to handle wrongful death cases with the care they deserve.
If you’re ready to seek compensation for the wrongful death of your loved one, contact us today for your free consultation.
Nursing home abuse lawsuits must be pursued according to the laws set forth by the state where the facility is located. In this section, our attorneys have compiled the relevant laws, regulations and local organizations for each state so you can get an idea of how the law impacts your situation. Should you decide to move forward with a case, you will also find information about locating an experienced attorney who can assist your family.
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was...
- Lisa
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit...
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