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What is Wrongful Death in Nursing Homes?

Making the decision to place a loved one in a nursing home is incredibly difficult. You likely want to ensure that your loved one or family member is receiving the best care possible as well as being treated with the dignity and respect that they deserve. Unfortunately, our loved ones are sometimes not given proper care and respect in their nursing homes. This treatment can constitute nursing home neglect and abuse. This neglect and abuse can have very serious consequences including injuries and sometimes even death. When a nursing home resident passes away because of abuse or neglect it can be termed wrongful death.

Wrongful death is when a nursing home resident passes away because of the abuse or neglect. Wrongful deaths can be caused from different sources or a combination of sources. One source could be the willful abuse by nursing home staff. Another source could be because of negligence by the nursing home staff, such as failing to monitor residents properly. When nursing home staff do not do their job correctly, it puts the nursing home resident’s health and safety at risk. Because of these risks, the nursing home resident’s life can be endangered or even lost.

In wrongful death, suits the person has passed away, the are unable to secure a lawyer or bring a suit on their own behalf unlike in other personal injury cases. Because nursing home resident will be unable to hire an attorney, certain family members are allowed to sue in place of the injured person. The people that are allowed to file a lawsuit after the wrongful death of a loved one in all states include parents, spouses and children.

If you have had a loved one or family member pass away from potential nursing home neglect or abuse, it is a good idea to contact an attorney with experience in nursing home law. An experienced attorney can help to provide advice and secure the best outcome possible.


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