Suing for wrongful death is one of the complex legal aspects of the country. You must establish the liable party in a wrongful death case before the judge, failure to which your case will not proceed.
Nursing homes are some of the best places for your parents or even a loved one to spend their elderly days. There is so much to offer in such facilities, such as an environment for the aged, nutritional diet, other older people to share life experience, and most importantly, access to professional nursing care. That is why thousands of families in the United States have taken their loved ones to such facilities so that they can enjoy their final days.
Wrongful Death in a Nursing Home
Besides the many benefits that elderly people access in nursing homes, there are some critical challenges that these facilities have always worked hard to solve. These challenges include wrongful death, which has consistently proved to be a point of discussion among many people.
The issue of wrongful death in a nursing home has proven to be a massive deterrent to the millions of older people who fear they might be on the receiving end of the negligent and other acts of omission or commission.
Can You Sue Nursing Home for Wrongful Death?
Whether one can sue a nursing facility for wrongful death is a question that lingers in the minds of hundreds of people today in the United States. As a victim, you need to know that you can initiate legal proceedings if your loved one wrongfully dies in a nursing facility. It is essential to highlight that the case’s success will significantly depend on the facts presented and the applicable laws governing nursing homes in your state.
Elderly woman covering her face; image by Cristian Newman, via Unsplash.com.
However, you have to understand the time limits you have to operate in to sue for wrongful death legally. Some states require that you file a case within two years, while others may have an extended period through which you can file the case after the person’s death. Some people who can file a case include parents, children, and the deceased’s spouse. In case one is successful, some of the areas of compensation include:
- Mental Anguish
- Deceased’s Pain and Suffering
- Loss of Companionship
- Loss of Financial Support
- Funeral and Burial Costs
What Can You Sue for in Wrongful Death Case in a Nursing Facility?
If you think your loved one’s death was caused by failings on the part of the nursing home, you should speak to a lawyer. Before starting a lawsuit, you want to determine what you can sue for.
Negligent Hiring and Supervision
In negligent hiring and supervision, you have to prove that the person who caused the wrongful death in the nursing facility did not have the necessary qualifications to handle a care facility’s job.
You can also indicate that the person causing the harm was not professionally supervised by the nursing home, which led to death. Failure to conduct background checks and supervise the worker caused abuse, neglect, and intentional harm to the resident.
Poor Health and Safety Policies
You can sue for poor health and safety policies within the nursing facility and prove that they directly impacted the death of your loved one. For example, a facility that is not clean and properly kept can cause a deadly spread of disease, which caused death to your loved one and injured other residents.
Providing medical attention is one of the primary roles of a nursing home. If the nursing facility and the medical team failed to provide the standard or adequate medical care, they could be sued for medical malpractice. If the nursing home failed to transport the patient to the nearest medical facility when the condition worsened, that’s justifiable enough to sue for medical malpractice.
What You Need To Know
Suing for wrongful death is one of the complex legal aspects of the country. You must establish the liable party in a wrongful death case before the judge, failure to which your case will not proceed. As a layperson, it is difficult to achieve this threshold unless you are represented by a wrongful death lawyer in the case. Make sure you work with an experienced attorney to have any chances of taking this case beyond the hearing stage.