A nursing home wrongful death lawsuit may be an option for a family in some circumstances. Deciding if this type of lawsuit is available will depend heavily on individual circumstances. Usually, a lengthy investigation into the nursing home wrongful death will be required by state and possibly federal monitoring agencies.
However, a nursing home wrongful death lawsuit can bring significant damages and is a good method of encouraging nursing homes to improve how they treat residents. A nursing home wrongful death can be defined as a death that is directly attributed to the fault of an individual staff member or or many individuals working in the nursing home .
Nursing home wrongful death can be linked to:
- Untreated infections that are not properly cared for
- Broken Bones and Falls
- Poor Hygiene and Unsanitary Conditions
- Neglecting the Resident’s basic medical needs
- Medical Malpractice and Medication Errors
- Poorly Trained Staff
Example Nursing Home Wrong Death Case
A nursing home was liable in damages in survival and wrongful death actions asserted by deceased patient’s daughter where trier of fact could make determination that medicated patient’s call button was out of reach both before and at time of fall, and that nursing home personnel had history of failing to reply to patient’s calls in timely manner. The patient died before becoming medically acceptable candidate for hip surgery necessitated by fall.
Another example is an $11,00,000 award in the case of the wrongful death of a 36-year old man who died in the care of a nursing home. The plaintiff alleged that the defendant nursing home was negligent in monitoring the decedent who suffered from with traumatic brain injury, which resulted in his death from ingesting foreign objects. The items ingested included catsup packets, paper toweling, candy wrappers and plastic bags.
Close family members and the estate of the decedent may be able to collect large awards in special circumstances. A local nursing home attorney will know what type of collection is available under state law. The mot important aspect of pursing a claim will be the initial investigation. The nursing home might try to hide the real the cause of death by stating that the resident was old and in poor health.