Losing a loved one is difficult, but finding out they died due to someone else’s negligence is infuriating and painfully difficult. Unfortunately, there is no simple way forward, but you have legal options. Wrongful death in nursing homes can occur when the nursing home or staff members fail to provide a safe environment or, in some way, engage in an activity that puts a person’s life at risk.
If your loved one died as a result of that neglect, there is no one at that nursing home that will tell you that. It is up to you to find justice.
At Gatti, Keltner, Bienvenu & Montesi, a Memphis wrongful death lawyer will work very closely with you to get the information you need and take legal action. You can trust in our compassion and aggressive support of our clients. Contact us now to learn how we can help you through this challenging time.
Examples of Negligence and Wrongful Death in Nursing Homes
Wrongful death in a nursing home occurs when a resident dies because staff and healthcare providers in the facility failed in their ability or willingness to keep them safe. This can be due to many factors. Some examples include:
- A person falls due to being unprotected or not sufficiently supported. This leads to serious injury, causing infection, and death.
- A staff member makes a medication error, leading to the death of an individual.
- Resident-on-resident violence occurs that could have been avoided.
- A resident dies as a result of poor nutrition or dehydration.
- Medical conditions go untreated or treated soon enough, such as sepsis or infection.
- A person is physically abused and injured.
- Bedsores develop, worsen, and become an infection risk, leading to death.
These are just some examples of common claims of wrongful death in nursing homes. Many other instances can occur. If you believe your loved one died as a result of any type of nursing home abuse, it is critical to take steps now to get justice for your family member’s death.
Reach out to our wrongful death attorneys. Let us listen to what occurred and tell you if you have a valid case.
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Filing a Wrongful Death Claim Against a Nursing Home
The surviving family members of the individual may be able to take legal action and file a claim against the nursing home or other responsible parties. This could include the adult children or spouse of the individual or their personal representative.
There may be many parties at fault in wrongful death cases. For example, the family could file against the nursing home, the families of other residents, manufacturers of faulty equipment, or individual nursing home staff members.
Our team will investigate to determine all those who are liable and negligent in the matter. We can help your family recover compensation for the death of your family member.
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Potential Damages in a Wrongful Death Claim
The type and amount of damages awarded in a case like this depend on numerous factors, including the specific incident and outcome. When you meet with our attorneys, we will assess your case and provide a detailed strategy to handle your claim. Some of the damages may include economic losses, such as:
- Medical costs associated with the care of the individual
- Funeral expenses
- Burial expenses related to the death
- Any other costs incurred as a result of that negligence
In addition to this, there may be instances in which non-economic damages are awarded. These types of damages can be more difficult to obtain, as they are dependent on the circumstances, but they may include:
- Loss of companionship claims
- Loss of consortium, love, and companionship for the spouse
- Mental anguish and emotional distress
It is very difficult to lose a loved one in a situation like this. For many people, it can be challenging to move forward, especially if there is a feeling that someone could have done something.
Punitive Damages
There is also the opportunity to request punitive damages. These damages are awarded in situations where the person or facility engaged in malicious, intentional, or grossly negligent actions leading to wrongful death. For example, if your attorney can demonstrate a culture and past record of abusing, pushing, or neglecting residents, the judge may award punitive damages at the end of your case.
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Take Action if Your Loved One Suffered a Wrongful Death in a Nursing Home
The World Health Organization (WHO) estimates that one in six individuals over age 60 in nursing care facilities suffers abuse from their caretakers or other patients. It can be difficult to recognize signs of neglect or abuse until it’s too late. The nursing home is unlikely to admit to any fault, but you can take action to find out what happened.
The first step involves contacting a nursing home abuse attorney with ample experience in helping people through these complicated situations. After your initial consultation, your skilled GKBM lawyer will gather as much information as possible. We will then work with you to:
- Determine what evidence is available to prove what occurred.
- Gather information such as witness statements from those involved.
- Talk to and work with the authorities to open an investigation if deemed necessary.
- Collect medical documents to get a better understanding of what occurred.
- Petition the court for access to more information as needed.
We handle the entire process for you – gathering evidence, managing the communication between you and all involved parties, and taking the claim to the courts. Every situation is vastly different, but we treat every case with sincerity and aggressive representation.
Call a Nursing Home Abuse & Neglect Lawyer Today
Contact Gatti, Keltner, Bienvenu & Montesi, to learn more about your legal options in wrongful death in nursing homes. We are happy to answer your questions and give you insight into the next steps available to you.
You can count on us to fight for your loved one. Set up a free consultation to discuss your case with our team.
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November 5, 2024
