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Understanding Wrongful Death Cases In Nursing Homes

April 17, 2024

Losing a loved one is never easy, but it can be especially devastating when that loss is due to negligence or abuse in a nursing home. Wrongful death cases in nursing homes are unfortunately more common than you may know and many nursing homes in the US in general are overdue for inspections to help keep their residents safe. As many as a third of nursing homes as of 2023 need inspections to ensure they are up to code and keeping residents healthy. It is important to understand what constitutes a wrongful death case in a nursing home, how to spot signs of neglect and abuse, and what steps you should take if you suspect your loved one has died as a result of negligence or abuse. The sooner you act, the sooner you may be able to get justice for loved ones devastated by nursing home abuse.

What Is Wrongful Death In A Nursing Home?

It's unfortunately difficult to prove a wrongful death case in a nursing home death, simply due to the circumstances surrounding most people in nursing homes and passing away from natural causes regularly. First and foremost, it's important to understand what constitutes a wrongful death case in a nursing home. A wrongful death occurs when someone dies as a result of another party's negligence or intentional harm. In the case of nursing homes, this could mean that the facility failed to provide adequate care, such as not giving medications or failing to regularly feed a resident, resulting in the death of a resident. Common examples of negligence in nursing homes include medication errors, lack of proper supervision, inadequate medical care, and failure to prevent falls or accidents. It doesn't matter if a resident is known for being difficult or if a nursing home is understaffed — if a resident passes away due to the neglect or deliberate abuse of a nursing home employee or the facility as a whole, a wrongful death case may be warranted.

What Do You Do If You Suspect Wrongful Death Regarding Your Loved One?

If you suspect that your loved one has died in a nursing home due to negligence or abuse, it is crucial to take action by notifying the local authorities and documenting your concerns officially. The first step should be to gather any evidence that supports your suspicions. This could include medical records, witness statements, photographs of injuries to your loved one, your loved one's complaints about care, and any other documentation that may help prove your case. It is also important to consult with an attorney who specializes in wrongful death cases in nursing homes. They will help you determine the best course of action and will act on your family's behalf to create a wrongful death case and deal with the right people in charge at the nursing home.

What Are Signs Of Elderly And Nursing Home Abuse?

Luckily, there are several signs of neglect and abuse that may lead to wrongful death that you should be aware of and can share with an attorney. These signs include unexplained injuries such as bruises or fractures, sudden changes in behavior or mood, unexplained weight loss or malnutrition, poor hygiene or unsanitary living conditions, and frequent illnesses or infections of your loved one. Nursing home staff being avoidant or outright refusing family members to see your loved one prior to passing or being vague when your loved one passed away can also be signs that elderly abuse and nursing home abuse are present. If you notice any of these signs in your loved one while they are residing in a nursing home, it is important to take immediate action.

What Will An Attorney Do?

An attorney who specializes in wrongful death cases can help you file and execute your case against the negligent nursing home facility. They will be able to guide you through the legal process, gather evidence on your behalf, negotiate financial and legal matters with insurance companies and defense attorneys, and represent you in court if necessary. By enlisting the help of an experienced attorney, you can ensure that justice is served for your loved one who has suffered from neglect or abuse in a nursing home.

Understanding wrongful death cases in nursing homes is crucial for protecting your vulnerable loved ones from harm. If you suspect that your loved one has died as a result of negligence or abuse in a nursing home, it is important to take action by gathering evidence, consulting with an attorney specializing in these cases, and advocating for justice on their behalf. By being informed about the signs of neglect and abuse and seeking legal recourse when necessary, you can work towards ensuring that all residents receive the care and respect they deserve in nursing homes across the country.

Contact our legal team at Frank Penney Injury Lawyers regarding your loved one's nursing home death today.

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