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When Can I File a Nursing Home Wrongful Death Claim?

Published on Jan 9, 2017 at 11:26 am in General.
When Can I File a Nursing Home Wrongful Death Claim?

Wrongful death lawsuits can enable a grieving family to recover from a tragic loss that shouldn’t have happened in the first place. They can provide financial assistance to cover the deceased’s final medical bills, lost wages, companion/suffering costs, and more. In the case of a wrongful death claim filed on behalf of someone who was a resident at a nursing home, that compensation can go towards the same things, but the rules somewhat change.

In a nursing home wrongful death lawsuit, the claim is generally aimed toward the nursing home itself or a specific staff member that contributed to a loved one’s passing or allowed it to happen. Wrongful death claims aren’t criminal claims, but are instead civil. They require one or more of four circumstances to occur: negligence, carelessness, reckless behavior, or another type of wrongful behavior.

Wrongful death claims are filed by family members or loved ones on behalf of the individual who passed away. In a nursing home wrongful death claim, this rule still applies, but the most important factor of such a case will be proving that a facility staff member was negligent, careless, or otherwise acted wrongly. After this is proven, additional evidence must be provided proving that the negligence or wrongful behavior directly led to your loved one’s passing away.

As you may imagine, finding this type of evidence can be incredibly difficult. One of the most difficult parts about proving negligence in a nursing home abuse, neglect, or wrongful death case is the fact that family members and loved ones can’t spend all their time with the elderly resident. Proving negligent behavior sometimes requires an eyewitness, a resident’s medical records, or even video surveillance footage if the long term care facility has any.

It’s often difficult to separate the line between natural causes and any negligence-related symptoms that may have led to your loved one’s death. You will likely need a promise of expert testimony as well as a statement from your loved one’s doctor before the case can be opened. With a skilled and experienced lawyer on your side and medical expertise, justice can be obtained.

When a nursing home wrongful death case is successful, it not only enables your family to have an easier time recovering from the loss of a loved one, but it also forces the nursing home or facility to take better care of its residents. By hiring extra staff members or nurses, training employees better, and keeping a closer eye on residents and employees alike, Kentucky nursing homes can keep our loved ones safe and healthy.

If you have any questions or would like an opinion on whether or not you have a possible claim on your hands, don’t hesitate to contact Todd W. Burris, Lexington nursing home abuse lawyer, today. At the Law Office of Todd W. Burris, we can provide you with a no-obligation case consultation and tell you if filing a nursing home wrongful death claim is in your best interest.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.

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